Regarding the ancestral and direct objects of non-violent crime against the sexual integrity of a minor

Abstract

The article analyzes the current state of the study of ancestral and direct objects of crimes against sexual freedom and sexual integrity of a person. The conclusion about the contradiction of some views of scientists on the content and interaction of sexual freedom and sexual inviolability as objects of criminal justice is substantiated. The position on the content of sexual inviolability as a universal social and biological condition and object of criminal legal protection, which has a multilevel social legal regulation (protection) and is distinguished: a) value, b) regulatory, c) medical, d) information and e) physical levels of sexual integrity. The problem of the relation between sexual freedom and sexual inviolability as objects of criminal protection in the doctrine of criminal law is resolved controversially. The established doctrinal provisions and their own views on the subject of the study, as well as the criminal legislation of Ukraine, which stood for the protection of sexual freedom and sexual inviolability of a person, an attempt was made to redefine the generic and direct objects of non-violent sexually assaulting crimes. minors. Relations with the absolute informational (mental) and physical (physical) sexual integrity of a minor are, first of all, protected by criminal legal means. These relationships are in the plane of the generic object, are its component part and form a homogeneous formation in the form of sexual inviolability of the person with other elements. Certainly, the allocation of information (mental) and physical (physical) components of sexual integrity of a minor is to some extent conditional. It is impossible to negatively affect the physical integrity, not to touch its mental component. Conversely, the mental impact on sexual integrity is bound to adversely affect physical integrity. The physical component of sexual integrity is harmed in all cases of sexual abuse of the perpetrator with the victim, which have many forms of sexual manipulation with the victim's body. Equally socially dangerous is sexual misconduct of a minor by talking cynically, displaying pornographic and erotic content, etc.