The present dissertation aims to analyse the problematic of child sexual abuse, dissecting the most problematic points of this type of illicit act. The child sexual abuse is one of the most serious forms of child maltreatment, therefore it is important to ensure the right of all children to a dignified childhood, protecting the child's personal development process so that it takes place in a natural way and without disturbing or traumatizing influences for the minor. The 1995 reform of the Penal Code was a key point for the protection of victims of sexual abuse. With the revision of the Criminal Code in 1995, sexual crimes were no longer seen as crimes against the collectivity and against the honor of society, the conclusion was reached that the crime of sexual abuse of children protects individual legal goods, the sexual freedom of minors, within which sexual self-determination is included. This dissertation also served to make an analysis regarding the minor's consent. Until the age of fourteen, the protection of the negative aspect of the sexual freedom of minors tends to be absolute. However, not every sexual conduct practiced with oron minors constitutes a crime. Consequently, the promotion of the positive side of sexual freedom is fundamental and the thesis of absolute chastity of the under fourteen year old is not defensible.
|Date of Award||20 Jul 2022|
- Universidade Católica Portuguesa
|Supervisor||Pedro Garcia Marques (Supervisor)|
- Child sexual abuse
- Sexual act of relevance
- Protected legal interest
- Consent of the minor