“From my point of view, changes in the law can have a negative impact on family relationships, since this law not only changed the definition of“ rape ”, but also put rape by one of the spouses on a more severe scale than a stranger. They will consider not only violent acts, but also entering into communication without the consent of the partner, ”explained Yarmush.
As the lawyer noted, it will be difficult to prove consent.
“To get a written consent is, in my opinion, contrary to common sense and normal relationships. In European countries, from whose laws the Rada “under tracing paper” wrote off provisions, a slightly different culture and family relations there, on the one hand, they made them liberal, on the other hand, consent clauses — they may have this already in the blood, ”and in Ukraine there is a slightly different mentality, this can be the basis for the fact that people will be convicted on formal grounds,” Yarmush concluded.
Earlier in Ukraine a law came into force toughening responsibility for crimes on sexual grounds.
Now law enforcement agencies will qualify sex without voluntary consent as rape.