Basic Dogmatic Issues of Forced Sexual Intercourse and Related Crimes in the Period between 1878–1989 and Their Regulatory Backgrounds

Abstract

The legal situation of women has undergone many changes during the history; therefore, it is an extremely interesting topic and it is suitable for extensive research. The examination of said topic should be started from the entry into force of the first Hungarian penal code, the Csemegi Code (1878). The sacrament of marriage and the dignity of women received special protection in this period, since the protected legal interest of these crimes is primarily the woman’s interest, which required legal protection, to have a disposal of her sexual life. Over time, however, morals began to loosen, the social perception changed, and divorce became possible, therefore the Act V of 1961 and the Act IV of 1978 on the Criminal Code judged sexual offenses from a different perspective. In what follows, I want to focus on forced sexual intercourse and some of the crimes associated with it.