Criminal protection of sexual integrity of a person: some problematic aspects

Keywords: sexual integrity, sexual freedom, rape, sexual violence, minor, juvenile.


Despite the fact that the criminal law aspects of encroachment on sexual freedom and sexual integrity of a person in modern legal science are developed at a fairly high level, the problems of criminal liability for encroachment on sexual integrity of a person are insufficiently studied in view of significant legislative changes. The article is devoted to the analysis of the concept of “sexual integrity of a person” within the institute of criminal liability for sexual offenses. The terminological shortcomings of this expression are considered, the ways of overcoming such problems are determined. Approaches and concepts for the definition of sexual integrity and its relationship with the concept of sexual freedom have been studied. It has been determined in which cases the use of this term may not be acceptable, and where it is necessary. The content of the terminological appeal has been partially clarified and expanded, the frequently used mistakes of the narrowed use of the analyzed concept have been pointed out. It has been noted that sexual integrity is enjoyed not only by minors under the age of sixteen, but also by persons who, due to their mental or physical disabilities, do not understand the nature and significance of sexual acts committed against them. Based on the study of scientific approaches to the definition of the terminological term “sexual integrity”, a conclusion has been made about the lack of unity among scientists. There is no unanimity on the definition of the relationship between the concepts of “sexual freedom” and “sexual integrity”. It has been established that sexual integrity includes not only a legal but also a moral prohibition to have sexual intercourse with a person who does not have sexual freedom and is unable to decide independently with whom and how to meet their physiological needs. It has been stated that a person who has not reached the “age of sexual consent” is guaranteed to have sexual integrity. When sexual integrity is encroached upon, the normal sexual development of the child is harmed. Thus, sexual integrity is a guarantee of normal sexual development of a minor, because at this age the process of moral and physical development is not yet complete.


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Author Biography

T. D. Lysko, National Aviation University (Kyiv)

Candidate of Law.


Bandurka, O. I. (2010). Criminal-legal characteristics of crimes against morality in the field of sexual relations [Candidate thesis, Classic private university].

Brady, G., Lowe, P., Brown, G., Osmond, J., & Newman, M. (2018). “All in all it is just a judgement call”: issues surrounding sexual consent in young people’s heterosexual encounters. Journal of Youth Studies, 21(1), 35-50.

Burda, S. Ya. (2021) Problem aspects of criminal responsibility for rape in the context of changes to Art. 152 of the Criminal Code of Ukraine. Internauka. Series “Juridical Sciences”, 2.

Chmut, S. V. (2010). Criminal liability for sexual intercourse with a person who has not reached sexual maturity [Candidate thesis, Classic Private University].

Dudorov, O. O. (2018). Crimes against sexual freedom and sexual integrity of a person (basic provisions of criminal law characteristics). RVV LDUVS named after E. O. Didorenko.

Dudorov, O. O., & Zadoya, K. P. (2019). “Age of sexual consent” in international law, criminal law doctrine and the Criminal Code of Ukraine. Bulletin of Luhansk State University of Internal Affairs named after E. Didorenko, 1(85), 75-94.

Dydo, A. V. (2006). Rape: problems of criminal law qualification [Candidate thesis].

Graupner, H. (2005). Sexual Consent. Journal of Psychology & Human Sexuality, 16(2-3), 111-171.

Holmström, Ch., Plantin, L., & Elmerstig. E. (2020). Complexities of sexual consent: young people’s reasoning in a Swedish context. Psychology & Sexuality, 11(4), 342-357.

Kennedy, C. H. (1999). Assessing Competency to Consent to Sexual Activity in the Cognitively Impaired Population. Journal of Forensic Neuropsychology, 1(3), 17-33.

Krasnytskyi, I. V. (2007). On the subject of crimes against sexual freedom and sexual integrity of a person. Bulletin of Lviv State University of Internal Affairs, 2, 220-226.

Lysko, T. D. (2008). Criminal liability for rape (comparative legal analysis) [Candidate dissertation, Taras Shevchenko Kyiv National University].

Lytvynov, О. М. (Ed.). (2011). Criminal law of Ukraine (Special part). Publishing House of Kharkiv National University of Internal Affairs.

Martynyshyn, H. Ya. (2018). Sexual inviolability as an object of criminal law protection in Ukraine [Candidate dissertation, Lviv State University of Internal Affairs].

Moskal, D. P. (2009). Criminal-legal characteristics of rape and forced gratification of sexual desire in an unnatural way [Candidate dissertation].

Ometsynska, V. Yu. (2019). Criminal protection of sexual freedom and sexual integrity of the child [Candidate dissertation, Lviv State University of Internal Affairs].

Ozova, N. A. (2006). Violent acts of a sexual nature. MZ Press.

Pitre, A., & Lingam, L. (2022). Age of consent: challenges and contradictions of sexual violence laws in India. Sexual and Reproductive Health Matters, 29(2).

Topilskaya, E. V. (1992). Helpless condition of the victim of the crime [Candidate thesis].

Utyamishev, A. B. (2001). Criminal liability for non-rape sexual acts [Candidate thesis].

Voskresenska, I. V. (2016). Criminal and legal characteristics of coercion to engage in sexual intercourse (Article 154 of the Criminal Code of Ukraine) [Candidate thesis, Kharkiv National University of Internal Affairs].

Willis, M., Marcantonio, T. L., Jozkowski, K. N., Humphreys, T., & Peterson, Z. D. (2021). Sexual Consent at First-Time Intercourse: Retrospective Reports from University Students in Canada and the United States. International Journal of Sexual Health, 33(2), 109-122.

How to Cite
Lysko, T. D. (2022) “Criminal protection of sexual integrity of a person: some problematic aspects”, Law and Safety, 84(1), pp. 181-188. doi: 10.32631/pb.2022.1.18.