The presumption of lack of sexual consent in the case of a minor victim: a model of inspiration for the Moldovan legislator?

Abstract

The hypothesis of taking advantage of the victim’s incapacity to express her/his will is already considered in art. 171 and 172 of the Criminal Code of the Republic of Moldova. Therefore, it is not necessary to complete the Criminal Code of the Republic of Moldova with articles similar to art. 2181 and 2191 of the Criminal Code of Romania. Such a completion would only double the provisions of art. 171 and 172 of the Criminal Code of the Republic of Moldova in that case. The solution is the effective application of art. 171 and 172 of the Criminal Code of the Republic of Moldova if the perpetrator takes advantage of the minor victim’s incapacity to express her/his will.