RAPE, AS A SEXUAL OFFENCE COMMITTED USING VIOLENCE (Based on the draft of Criminal Code of Georgia)

Abstract

The issue discussed in the paper is interesting as it is related to the new content of rape, as the sexual offence committed using violence, offered by the draft amendment to the Criminal Code of Georgia submitted to the Parliament of Georgia. Whilst under applicable legislation the rape means sexual contact with people of opposite sex and sexual violence between the people of the same sex is considered as a violent act of sexual nature and is mentioned by such discriminative terms, as homosexuality, lesbianism or other sexual intercourse in perverted form, after adoption and entry into force of these amendments, the rape shall be considered as any type of sexual penetration using a part of the body or an item, committed using violence, under the threat of the immediate use of violence or abusing the victim’s helpless condition. This amendment will actually be the basis for new level in the field of scientific research of sexual offences committed using violence, which, at certain extent, is a type of comment to new progressive content of rape provided in the draft amendments, which enable this section of the law to be improved prior to its adoption taking into account the best practice of European countries, and signs of rape to be distinguished from other types of sexual penetration, which may become valuable material for practicing lawyers and students of law schools interested in this topic.