Abstract
"This article approaches a sensitive topic for the Romanian society: the difference between the notion of „consent” in the economy of rape versus sexual act with a minor (statutory rape). After a judgment of the European Court of Human Rights in M.G.C. c. Romania and an evaluation report from the Judiciary Inspection, a legislative initiative is trying to fix the current system. Is it able to solve all the issues related to the legal qualification of acts against minors as rape or sexual act with a minor? Does it correctly identify the legislative or jurisprudential issue? These are the questions I will try to answer in the present study. Starting with the problems identified and legislative solutions from other legal systems, after analyzing the notion of „consent” in the internal structure of rape and statutory rape, I will propose a simpler, suppler legislative alternative that is easier to use by the courts. This text is not a comparison between the two infractions and is not dedicated to their minute analysis. It is rather a first step in the study of the notion of „consent” in the economy of crimes against sexual freedom. The wish of this author is for this debate to continue, since this material cannot, by itself, answer all the questions regarding a minor’s consent in the case of crimes against sexual freedom. However, I will show that the legislative project cannot attain this objective either."
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