CRIMINAL-LEGAL PROTECTION OF SEXUAL FREEDOM AND GENDER INVINCIBILITY OF A PERSON UNDER THE LEGISLATION OF FRANCE AND THE FEDERAL REPUBLIC OF GERMANY: A COMPARATIVE LEGAL ANALYSIS

Abstract

The article is devoted to a comparative criminal-legal analysis of norms on
responsibility for crimes against sexual freedom and sexual integrity according to
the Criminal Code of Ukraine, France and Germany. The inadequacy of the criminal law protection of public relations against acts of exhibitionism in Ukraine
has been proven (Articles 222-32 of the Criminal Code of France and § 183 of the
Criminal Code of Germany). There is a need to criminalize public display of
genitals or public performance of real or simulated sexual intercourse.
A qualifying sign of rape under the Criminal Code of France is recognized as
an act, as a result of which the victim was brought into contact with the criminal
through the use of an electronic communication network to spread messages
among an unspecified number of people. From the point of view of the Criminal
Code of Ukraine, the stated circumstance of the interruption of a criminally illegal
act can be taken into account when assessing the actions of the perpetrator as
preparation for rape. At the same time, as a qualifying circumstance, such actions
are not taken into account in Art. 152 of the Criminal Code of Ukraine. Acts of a
sexual nature on the part of a person who works in an educational, educational or
social support institution for children are assessed as actions with an increased
degree of public danger according to the Criminal Code of the Federal Republic of
Germany. For the Criminal Code of Ukraine, this approach is not typical, but it is
worth borrowing.