PECULIARITIES OF THE SUBJECT OF EVIDENCE IN CRIMINAL PROCEEDINGS REGARDING SEXUAL CRIMINAL LAW OFFENSES

Abstract

The article examines the specifics of the circumstances that must be proven in criminal proceedings regarding sexual criminal offenses. Attention is drawn to the fact that after making changes to the wording of the relevant articles of the Criminal Code of Ukraine, the content of the subject of proof underwent a significant transformation. It is emphasized that the following provisions must be taken into account when determining the specifics of the circumstances included in the subject of proof. First of all, when carrying out criminal proceedings, there should be an awareness that the sexual activity of people is subject to investigation, which is generally considered as a social intimate practice aimed at satisfying the physiological needs of the human body – sexual desire. This is a rather specific social sphere, which is purely private (confidential) and is not subject to publicity. Criminal proceedings are public and this circumstance may create certain obstacles in establishing the truth in each specific case. Secondly, it is necessary to take into account the nature of the violence, as well as the objective (material) and subjective (psychological) situation. The material situation refers to the specific place and time of committing a sexual criminal offense, and the psychological situation refers to the nature of the relationship between the rapist and the victim. Taking into account the above provisions, the article distinguishes two classification groups of sexual criminal offenses, in relation to which the circumstances to be proven are determined and characterized. It is noted that the specifics of the specified circumstances depend on the presence or absence of a positive social relationship of acquaintance (marital, friendly, official, etc.) between the suspect and the victim. In this regard, attention is drawn to the fact that this is why the legislator indicated the existence of such a social connection as a qualifying circumstance of sexual criminal offenses. On this basis, the article characterizes such qualifying circumstances and identifies specific features in their proof (character of the relationship, lack of voluntary consent to sexual acts, etc.).