Liability for Commission of Rape with Omission
Keywords:
Causation, omission, guarantor, perpetration (joint principal), complicity in a crime, sexual assault, rape.Abstract
Criminal law distinguishes between causality of action and causality of omission, whose scope is determined under Article 8(3) of the Criminal Code of Georgia and provides for liability for commission of crime with omission in the case of presence of specific circumstances.
The article represents the peculiarities of the rape committed with omission and theoretical possibility of criminal liability of the person who committed the mentioned offence. This legal analysis which is collated and is based on the opinion of Georgian and foreign scientists, demonstrates that the applicable version of the Criminal Code of Georgia makes possible to bring criminal prosecution against a person for both, perpetration and complicity in rape committed with omission (for mediate perpetration).
The following issues are discussed in the paper: Complicity and co-perpetration in a rape committed with omission, their objective and subjective components, possible subjects and expected legal consequences;
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