The aggravating circumstance of the perpetrator's “teacher” status in sexual assault

Abstract

This article explores the dual roles in the legal system: the legislator's role in defining prohibited conduct and penalizing human behavior in accordance with the protected legal interest, and the legal operator's role in interpreting the law within the principle of legality. It emphasizes the importance of aligning the social reality with the normative reality in criminal law, particularly in the context of typical subsumption. The discussion focuses on the aggravating circumstance in Article 170 of the Penal Code, which addresses sexual crimes committed by educators against students. It examines the criminological justification for this aggravation, highlighting the high incidence of sexual violence reports involving teachers. The article argues that sexual violence affects both male and female victims, especially minors, due to their inherent vulnerability. It contends that the aggravating circumstance should apply to all educators, regardless of the educational level, and stresses the heightened vulnerability of school-aged victims. The article concludes with a criminological observation that school teachers are often the perpetrators of these crimes, given the increased vulnerability of their victims.