ASPECTE CONTROVERSATE REFERITOARE LA INFRACŢIUNILE DE VIOL ŞI DE PERVERSIUNE SEXUALÃ ÎN LUMINA DISPOZIŢIILOR ACTUALULUI ŞI VIITORULUI COD PENAL

Maybe some of the most controversial crimes, the rape and the sexual deviations, gave birth to numerous debates in the specialty literature, as well as in the doctrine, but also different, sometimes contradictory solutions in the legal practice. The author shows that not even the High Court of Cassation and justice succeeded to convince or end these controversies, even though that, through decision no. III/2005, tried to clarify the meaning of the material element of the rape crime. The lawmaker, through the incrimination norm of the rape and sexual aggression crimes of the new Penal Code tries to clarify and avoid, for the future, such issues. The present study highlights these possible problems and solutions.