SEXUAL FREEDOM AND SEXUAL INVIOLENCE AS OBJECTS OF CRIMINAL OFFENCES: CONTENT AND LIMITS

Abstract

The article is devoted to the study of the categories of «sexual freedom» and
«sexual inviolability» as objects of offences. Sexual freedom is based on human
dignity. Sexual freedom is possessed by persons who have reached the age of 16.
In contrast to the semantic (ethical-aesthetic) principle of sexual freedom, sexual
inviolability is based on other principles that manifest themselves additionally in
the rational sphere: a ban on sexual intercourse with a person who has not
actually reached sexual maturity (in the categories of the current Criminal Code -
16 years of age) creates a danger to her reproductive function, and therefore to
the reproduction of the population as a whole. It is because of this that such
persons are not endowed with the right to sexual freedom at all. A strict and
pragmatic ban on sexual intercourse is based on the need to ensure the biological
survival of the population, the species.
It is emphasized that personal freedom is an inalienable right, which is
recognized by the Constitution of Ukraine. According to the law, this right can be
limited, but not abolished in general. This also applies to sexual freedom. It is
stated that sexual freedom is not a situational phenomenon, and its presence is
associated exclusively with the sexual maturity of a person, which is formalized at
the legislative level by reaching the age of 16. It is impossible to abolish it, nor to
lose it.