Chemical injury for a sexual attack on a minor person: the question of the amendment of other criminal legal measures

Abstract

In connection with the increase in the number of cases of violent acts related to sexual crimes, some countries have adopted legislation that provides for the use of chemical castration as a criminal-legal measure of a medical nature. The positions of defenders and opponents of the use of this method are analyzed, and the effectiveness of chemical castration as a means of preventing repeated crimes is also investigated. This topic is relevant for justice, medicine and the public, as it concerns serious issues of human rights and the ethics of using medical methods for law enforcement purposes. It can be argued that the introduction of chemical castration will be appropriate to counter the pandemic of sexual crimes against minors, but this issue has many acute angles. It is important not to level the voluntary nature of this procedure by depriving the person of the right to choose. The basis for castration must be a socially dangerous act, the harmful consequences of which must be commensurate with the interference with the normal reproductive activity of a person. Some studies have shown that chemical castration can reduce the risk of repeat crimes related to sexual activity. However, other studies indicate that chemical castration is not a universal means of preventing recidivism, and its effectiveness depends on the specific situation. New research also focuses on the ethical aspects of using chemical castration, including the issues of informed patient consent, possible side effects, and the duration of castration. In addition, it examines whether chemical castration can be used as an alternative to punishment, as is commonly done in criminal law situations. In our opinion, chemical castration is an innovation in the criminal legal field of Ukraine. But it needs thorough discussion and testing in practice. We investigated the issue of sexual crimes against particularly vulnerable persons and followed the changes made to the criminal legislation of Ukraine in recent years.