Why exactly 12? Or the crime of sexual violence in the light of age

Abstract

This paper deals with the legal regulation of the crime of sexual violence. The author explores the reasons why legislators designated the basic case of the specified crime, based on age and free from violence or serious threats, at twelve years old. This examination is conducted from historical and international perspectives while also considering psychological aspects. The analysis specifically addresses how the age is coherent with other provisions of the Criminal Code, which aim to provide enhanced protection for child victims. The paper makes a de lege ferenda recommendation for a more coherent regulation of the Criminal Code.