Although in connection with the pedophile/ephebophile scandal that has just broken out, which has upset both students and parents, both the perpetrator and the president of the National Faculty of Pedagogy (NPK), Péter Horváth, stated that if an adult over the age of 18 has sex with a young person between the ages of 15 and 19 with mutual consent based on a relationship, it is not punishable under Hungarian law, according to constitutional lawyer Zoltán Lomnici Jr., sexual crimes are not only possible in connection with children under the age of fourteen.
As we wrote earlier, one of the organizers of the teachers' protests in Budapest was previously found to have "messed" with a fifteen-year-old boy and held sexual education for the junior high school students of Gyula Krúdy English-Hungarian Bilingual Primary School in Óbuda, and according to the parents, treated the children with the sexual life of same-sex couples. . According to the PestiSrácok article, during the ethics classes, the LGBTQ activist only told the children about the sexual life of people of the same sex. In his newly uploaded Instagram video, the pedagogical assistant, who has since been fired, stands by his previous position and refuses to engage in self-criticism.
The law pays special attention to the protection of minors over the age of 14, sexual crimes are not only possible in connection with children under the age of fourteen - - drew attention to the question of the Hungarian Nation , jr. Zoltán Lomnici, after the pedagogical assistant of Gyula Krúdy English-Hungarian Bilingual Primary School in Óbuda, admitted that he was "messing" with a 15-year-old boy. At the same time, LGBTQ activist Zsolt Bite, who is nearly 40 years old, claimed that this is not pedophilia, but ephebophilia, since according to the relevant legislation in our country, it is only a crime to have sexual relations with a person under the age of 14.
According to the information provided by the constitutional lawyer, a person over the age of 18 who commits a sexual act with a person under the age of 14 - even with their consent - commits sexual abuse, in the specific case another fact of sexual abuse may arise, in connection with which the Civil Code has as follows:
a person who has reached the age of eighteen, who commits a sexual act with a person who has reached the age of fourteen but has not reached the age of eighteen by abusing the relationship of power or influence existing in relation to him, shall be punished by imprisonment for up to three years.
It is therefore clear that the law pays special attention to the protection of minors who have reached the age of fourteen, so it is not only possible to commit the crime in relation to those under the age of fourteen - stated Századvég's legal expert.
The corresponding section of the Hungarian criminal law regulations, he continued, transposes the provisions of the 2011/93/EU Parliament and Council Directive and the 2007 Lanzarote Convention into Hungarian law. The two sources of international law specifically name cases of sexual abuse committed against children where there is abuse of a "relationship of trust, authority or influence" or when "the particularly vulnerable position of the child is abused, mainly due to some mental or physical disability or dependency situation". .
- The justification of the Hungarian criminal law states that the relationship of power or influence means a relationship between the perpetrator and the victim, which is outside the definitions specifically named in the law, such as the quality of relatives and educators, but is capable of creating a personal or dependent relationship of a similar nature.
In order to establish criminal liability, the court must examine two elements and evaluate them in relation to the specifics of the case: to what extent was there a position of power or other influence over the child, and whether the abuse took place
he explained. According to Zoltán Lomnici Jr., it should be emphasized that the governing jurisprudence treats the case of sexual abuse as a "falling on thin ice", since neither violence nor coercion (threats) need to be used to make it happen (since these are already dealt with by a separate set of facts), so the case that has arisen a detailed and comprehensive investigation is warranted for the legal determination of sexual abuse.
That is why, in such a case, the circumstances of the meeting and the first and subsequent sexual encounters must be investigated, as well as who initiated it and what emotions arose in those involved due to this act. In this type of case, a police report can also be filed, and ethical proceedings can also be initiated against the perpetrator
he explained.
Cover photo: Zsolt Bite (Source: Facebook)
