THE ISSUE OF NEGLIGENT LIABILITY IN IMPROPER OMISSIVE CRIMES AGAINST SEXUAL DIGNITY

Abstract

The article proposes reflections on the impacts caused by the absence of a negligent modality in offenses against sexual freedom, highlighting the difficulty of punishing cases of negligent improper omissions in sexual crimes. Thus, the analysis focuses on the role of the "guarantor" in the legal system, where a challenge arises due to the legislative gap, as there is no clear provision for liability for negligent omissions in crimes of this nature, raising discussions about appropriate punishment in these contexts. To this end, the text explores subjective liability in criminal law, detailing the elements of intent and negligence. It also differentiates proper omission
from improper omission, discussing when omission is criminally relevant and emphasizing the duty to act in certain cases. Furthermore, it links improper omission to sexual crimes, focusing on the crime of rape and its relationship with liability by omission. Finally, the article suggests that legislation should address the possibility of punishment for negligence in crimes against sexual dignity in cases of improper omission, aiming to protect victims' rights and adapt the law to contemporary society.