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This article examines how rape is criminalized by analyzing the structuring of criminal provisions and the principles guiding legislators.

May 20, 2026German Law JournalOpen Access

How to Criminalize Rape? The Use of Offense Construction Principles in Relation to the Criminal Provision of Rape

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Comparative analysis of legislation reveals key principles for structuring rape laws across jurisdictions.

This article examines how rape is criminalized by analyzing the structuring of criminal provisions and the principles guiding legislators.
Comparative legal analysis of legislative materials from Belgium, Germany, the Netherlands, and Sweden.
Empirical analysis identifying guiding principles in shaping rape legislation.
Focus on principles like legality, coherence, effectiveness, and retrospective proportionality.
Legislation varies in emphasizing principles like harm, wrong, and legal interest in criminalizing rape.
The actus reus receives the most attention, especially when consent-based frameworks are emphasized.
Combining offense-construction principles leads to clearer and more effective rape legislation.

Sanne Buisman (2026) studied this question.

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