Denis Ponomarenko, Partner at Barristers, LLC: "Sex Agreement"—How Should We Understand This New Development?

Denis Ponomarenko, attorney and partner at Barristers, J.L.C.: “Previously, it was possible to bring criminal charges in connection with violence and the commission of a crime without the victim’s consent. Currently, the law does not state that the victim gave consent. When we’re talking about a crime, Article 62 of the Constitution of Ukraine applies—the presumption of innocence. It must be proven that a crime was committed and that there was no consent. A person cannot prove that consent was given. That would, of course, be absurd. In such a case, it would amount to a presumption of guilt. No amendments have been made to the Constitution; in practice, this provision is already in effect, and it has no legal implications for the public. This does not mean that one must obtain an agreement, a written acknowledgment, or a consent contract. Everything remains as it was. In this regard, I can state with certainty that there is nothing to fear. This provision has not resulted in any real legal consequences for the public. It has simply been hyped up, much like, for example, fines for speeding.”