SOBRE ALGUNOS ASPECTOS DE LA CONTEMPLACIÓN PENAL DE LA SEXUALIDAD

Abstract

Th is article analyzes the meaning and characters of the sexual behavior in the legal system, in order to determine which sexual behavior collide to the freedom to act, and therefore to the constitutional law. Th is should be the unique limitation, and it respects the democratic principle, and within this confl ict should be located the discussions about some criminal dispositions in which some (sexual) conducts are prohibited. Specially, after the legal reform of the Organic Law 5/2010. Some incompatibilities are found in the criminal law, and they expose the diffi culties to regulate, in this fi eld through the establishment of prohibitions, these conducts, among them those which are related to sexual intercourses with (or between) minors and prostitution. Th e consideration of the confl ict between these both cases confi rms that the limit should not be another one than that established in the constitution.