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Is it right to adjust the age of marriage and sexual intercourse?

Is it right to adjust the age of marriage and sexual intercourse?

2022-04-19 09:45:00

Is it right to adjust the age of marriage and sexual intercourse?
The age of sexual intercourse should be adjusted to the age of marriage, and there are proposals to eliminate the two-year age difference between the victim and the accused in order to establish liability.
In society, even among such lawyers, there is a perception that the victim of sexual intercourse with a person under the age of 16 (Criminal Code (CC) 152.1) is a woman, which is wrong. This substance not only prevents sexual intercourse in a natural way, but also prostitution, lesbianism and so on. implies sexual acts of the same kind as.
This should not be confused with rape. Thus, although Article 152 of the Criminal Code provides for voluntary relations, as can be seen from the name of the crime of rape, it occurs outside the will of the person.
According to the article of the article prohibiting sexual intercourse with a person under the age of 16, a person who has reached the age of 14 but has not reached the age of 16 with the consent of a person two years older than him, that is, voluntary sexual intercourse, indicates the commission of such a crime.
Victims of this article can be both women and men. The object of the crime here is the sexual inviolability of the person. The victim is a person who was 14 years old before the crime, but under 16 years old. The object of the crime of rape was the direct sexual freedom of women and the sexual inviolability of minors.
Even if sexual intercourse with a person under the age of sixteen is voluntary, the person's stupidity, etc. If the perpetrator realizes that he or she does not understand the nature of his or her actions due to mental illness, the act should be assessed as rape (149) and sexual violence (150).
One of the features of this crime is that the perpetrator knows that the victim is under 16 years old. This often prevents an objective assessment of the situation in the investigation and makes it difficult to prove.
For example, a person has sexual intercourse with a person he knows before he is 16 years old. He knows the exact date of birth of the person with whom he has sex. In this case, it is possible to determine that the person knows that the person he is having sex with is under 16 years old. Such a relationship is not always between people who already know each other. People do not usually ask for each other's IDs or birth certificates when they have sex as a result of casual acquaintances. It is possible that a person looks older than 16 years. It is impossible for people to know their age from each other's appearance. According to the law, a person is not prosecuted if he does not know that the victim is under 16 years old. This creates a lot of problems in proving the crime. Sometimes the victim does not have a birth certificate.
In this case, forensic psychological and other examinations are appointed during the investigation. The expert's opinion reflects the person's psychological condition in that situation, thoughts about the other person, appearance, age, etc. But this cannot be considered as unanimous evidence.
One of the factors that makes it difficult to identify this crime is the fact that the connection is usually concealed by both parties. Law enforcement often finds out when girls under the age of 16 go to the hospital for pregnancy, childbirth and abortion. In this case, the opinion of a medical expert is needed to determine whether there is a crime. The point is that while having sex on the last day of the age of 15 creates liability, having sex on the first day of the age of 16 does not constitute a criminal offense. In other words, 1 hour here determines whether a person's act is a crime.
When the victim is a man, the investigation and operational apparatus are deprived of sources of information.

In my opinion, raising the age of sexual intercourse from 16 to 18 is not an effective way to prevent early marriages.
The age of marriage is 18 and is not intended for sexual intercourse between persons, as enshrined in the 1989 UN Declaration.
It is a completely different matter for a person to be mature enough to get married and have sex.
The main condition for liability under Article 152.1 of the Criminal Code was that the offender must be at least 16 years old, and there must be a 2-year age difference between the victim and him. It would be more effective for the body conducting the preliminary investigation and procedural management to determine the cause and circumstances of the criminal case, as well as to take real action to eliminate it, rather than tightening the law to combat early marriages. Unfortunately, formal presentation recordings continue in this area.
The Institute of Family and Education should deal with the sexual maturity and sexual upbringing of individuals. The student should learn about sexual maturity and sexuality in secret, not from any sites, but from experts, and receive psychological help if necessary. In general, psychological assistance should be encouraged from primary education and real conditions should be created for this.
Local authorities and the State Committee for Family, Women and Children's Affairs should strengthen awareness and prevention measures. These bodies should reach out to the victim, identify potential victims, and raise awareness and discussions through non-governmental organizations.
In order to eliminate sexual violence, it is necessary to increase awareness among families and families themselves.
It is important to register children under the age of 16 in a gynecologist's office in accordance with the requirements of the law, to carry out other external surgical interventions, and to strengthen control over the informing of law enforcement agencies about criminal information.

Shamil Pashayev