Now rape is considered sex even without physical violence
In January earned a controversial norms about the “sex receipt”. The penal code has introduced a new interpretation of concepts of rape and sexual violence.
In short – now rape is considered sex even without physical violence. Provided that the partner did not Express their voluntary consent to sex. And sexual violence law enforcement officers may find even a Pat on the knee – if the object of attraction was against it.
In fact, around the concept of “voluntary consent” and spun all the fuss. What this refers to? Is it enough to say “no” (and then it counts as evidence of voluntariness), or you must still give verbal or written consent? And if so, how to fix it?
Before the entry into force of new regulations in law enforcement spent a lot of effort to appease the Ukrainians and tell them that receipts are not necessary any, and that the police will continue to assume that any sexual act which is not connected with violence, is voluntary. And allegations of rape, as before, will be investigated in the usual way, via the collection of evidence and on the basis of the presumption of innocence (that is, automatically no one in jail at the request of the women the men will not throw).
And people almost calmed down.
But then the Ministry of justice and the Ministry of health broke its own clarification of “raped” the norms of the criminal code. The purpose was apparently the same – to calm the public. But the effect was the opposite. In fact, they confirmed the horror stories that existed before January 11.
“Country” learned how to see the process of the sex Department Suprun and Petrenko, and what this means for the Ukrainians.
“Consent can be revoked at any time”
The most controversial and strange thesis “gave” the Ministry of justice. His lawyers decided, apparently, to make the process of sex as unpredictable and separately ordered that consent to sex does not cover the entire period of sexual intercourse.
That is, people can at any moment change his mind. “And if you said no, you should leave the man alone,” they explain in the Agency Minister-bachelor Petrenko.
The main thing – the Ministry of justice de facto confirmed: talk about the mandatory consent to sex is not unfounded.
When the controversial criminal code provisions only began to be discussed, the authorities rushed to make fun of the meme, “sex slip”, emphasizing that such a law does not indicated.
And this is true – just talked about. But the receipt, homemade samples of which already walk on the Network, in fact is the only way to somehow deflect further accusations of rape (although legally it is in fact useless).
In yesterday’s statement is confirmed by the Ministry of justice.
“The law we are not talking about that voluntary sex need a receipt of the partner. She could only confirm that at the beginning of the act the person was under. It is enough to obtain clear and unambiguous consent of the partner”, – said in a statement. However, Petrenko did not indicate in what way, in addition to receipts, or, say, recording a video, you consent then to prove.
Key point: the Ministry of justice believes that the evidence of voluntary consent must be an act – “obtaining clear and unambiguous consent of the partner” (like pronouncing the phrase: “Yes, I agree”). Just the absence of the word “no” (as usual in our culture women consent to sex) is not “channel”, proceeding from the logic of the Ministry Petrenko.
So, again, there is a legal conflict – how then to prove the existence of expressed consent?
It is hoped that the explanation of justice will not be a guide to action for the police when investigating allegations of rape, and the interior Ministry will continue to proceed from the necessity of collecting evidence against the suspect.
The attack on the institution of marriage
Another explanation of justice comes to sex in marriage – as well as between the former spouses.
According to the amendments to the criminal code somehow intercourse without consent between a husband and wife is an aggravating circumstance (!) and entails a period of 5 till 10 years of imprisonment. The same applies to spouses and divorced couples.
“Sexual violence” – that is, acts of a sexual nature committed without penetration into the body of the partner, the situation is the same. In marriage it is punishable more severely than outside it.
In fact it is a severe blow to the already crisis-torn Ukrainian Institute of the family. Previously it was thought that any sex in the family a priori voluntary (except for the case where the husband forced wife to have sex with by force). Of course, sometimes there are cases when the wife wants, and the husband insists on a performance of “marital duty”. But if wife was categorically unacceptable the moment, the problem is still solved very simply and without the application of the criminal code – the wife just left her husband.
The new law opens a lot of room for manipulation. It was easy to guess, like a bickering couple will start now to use this argument, for example, in litigation between them. Rape – imaginary or real – are able to influence the decision of the civil courts on the division of property or children. And blame such violence has now become much easier (even if it was not actually).
That is, the legislators directly pushing the Ukrainian men not to make the relationship with the woman official. It is now easier to have non-committal relationships – if you are accused of rape or sexual violence, the responsibility will be less severe and you have no assets in the divorce will not judge.
And it is quite illogical that the harassment (i.e., coercion to have sex using his official position), provided the mildest measure – up to 2 years in prison or just a fine.
In short the whole, its pretty controversial educational program of the Ministry of justice has Packed in an infographic.
Kiss = rape
That justice Department officials probably just incompetent, and said the explanation from the head of the Ministry of health Ulyana Suprun. However, it gives rise to many questions.
According to her version, updating the concept of “rape” is that from now on they will be considered “acts of a sexual nature, related to the penetration into the body of another person with the use of genitals or any other object, without the consent of the victim”.
The story of the penetration itself is extremely interesting. After all, the wording Suprun, rape may thus be even French kissing when the tongue is in the mouth of the partner. In the case of women that happen to be also rape of men, penetration in General may not be – although the fact of sexual intercourse is obvious.
That is – if a woman rapes a man, it will determine how easier crime: sexual violence. According to the Ministry of health, it can be formulated as: committing any violent acts of a sexual nature not related to the penetration into the body of another person, without the consent of the victim.
Insights from free interpretations of the sex norms of the criminal code relevant ministries disappointing. The law allows you to prosecute after any sexual intercourse and any man – if the second partner has a reason to hurt or revenge.
Moreover, if the rape question is at least to some extent defined under “sexual violence” can get almost any loving overtures, including stroking on the knee, or kiss, for example, obscene texts.
Specific impact the law has on the institution of the family. It increases the ability of spouses to manipulate each other in a divorce the division of property and children.
Officials consolation, that in Ukraine the presumption of innocence, and to prove the violence will have to the injured party.
However, this is nothing more than rhetoric. Simplifying the treatment of the police on the “sexy” articles, legislators have created a lot of people problems from scratch. And stepped in one of the few areas where people ever got along without authorities – sex. Making its effects unpredictable and dangerous.
We can only hope the wisdom of the Ukrainian people and especially Ukrainian women. Including about it in detail in blog Olesya Medvedeva.