A Critical Analysis of the Crime of Rape of a Minor in the Romanian Criminal Code. A New Normative Paradigm?

Abstract: The international community began to address the diverse needs and vulnerabilities of children as human beings in the last century, and some human rights instruments have also addressed the rights of young people. In this regard, it has been recognized that young people, who are still in the early stages of their personality development, need special attention and assistance in order to develop mentally and intellectually and to integrate better into society, and must be protected by law in accordance with conditions that guarantee their peace, freedom, dignity, and safety. All states with a legal system based on the rule of law have made legislative changes that focus on the principle of protecting the best interests of the child. However, some legal systems, including the Romanian one, seem to be moving towards a new paradigm through certain legislative changes, some of which are open to criticism in that they depart from the aforementioned principle, with particular reference to prevention, especially with regard to the crime of rape of a minor. In our opinion, prevention should focus on raising the quality of life and general well-being, and not only on the immediate elimination of clearly defined but partial problems. Keywords: Rape, Minor, Child's Best Interests, Legislation, Criminal Code