Rape is directed against a woman’s sexual freedom or against the sexual immunity of girls under 16 years of age. Only a female can be a victim of rape. The objective aspect of rape is characterized by a man having sex with a woman against her will, using or threatening to use violence against her or another person, or using a woman’s helpless state. The objective side is formed by performing 2 types of actions: Sexual intercourse, Use of physical violence or threat of its use, or use of the victim’s helpless state. The crime of rape is only about natural sexual intercourse.
This term is not legal, so it should be understood as defined in medicine, more specifically in sexology. Sexual intercourse that can cause pregnancy is considered natural. Consequently, the unnatural sexual intercourse between a man and a woman, which takes place against the will of the woman, is not rape, but a violent act of a sexual nature, through which the criminal satisfies his sexual passions with a broken egg.
This act is envisaged by an independent crime. According to cr. According to Article 139 of the Criminal Code, sexual acts, including homosexual acts against the will of the victim, using or threatening to use violence against the latter or another person, or using the victim’s helpless condition, shall be punished by imprisonment for a term of three to six years. Physical rape to suppress, overcome, and deprive a woman of the opportunity to call for help in order to avoid having sex with the perpetrator It is the use of physical force against the victim or other persons, beating them, inflicting bodily injuries, etc. Thus, for the crime of rape, it is necessary that before the violence