JAUNESNIO NEI 16 METŲ ASMENS TVIRKINIMO IR SEKSUALINIO PRIEVARTAVIMO ATRIBOJIMO PROBLEMOS LIETUVOS TEISMŲ PRAKTIKOJE

Abstract

This study explores the delimitation criteria in child sexual abuse (CSA) cases with children under the age of sixteen formed by Lithuanian court practice. The main focus was on the elements of the offences of sexual assault and the molestation of a person under the age of 16 (the gratification of sexual passion by other forms of physical contact and the offence of molestation by physical contact) as the basis for distinguishing between these offences. This study reveals that, in reality, Lithuanian courts rely on the nature of sexual contact. Sexual assault is typically acknowledged when penetrative contact has occurred and molestation is acknowledged when non-penetrative contact has occurred. Psychological research does not unambiguously support the idea that penetrative contact has significantly stronger negative outcomes than non-penetrative contact. Thus, this research leads to a recommendation for the courts to reconsider the criteria for distinguishing between child sexual assault and child molestation.