The matter of criminal liability for grooming a person under the age of sixteen

Abstract

This article examines the issue of criminal liability for grooming minors under the age of sixteen within the context of the Lithuanian criminal law. It explores how this criminal offence is settled in the Criminal Code of the Republic of Lithuania (Article 152¹), identifies the main practical challenges associated with the application of this provision, and analyses the conceptual and procedural boundaries surrounding its interpretation. The study evaluates whether the current legislative formulation is sufficiently clear and effective to provide real protection for children, especially in the digitized environment.

The research demonstrates that the offence of grooming is often difficult to distinguish from other sexually motivated crimes such as preparation to commit rape or sexual assault, actual rape, and sexual coercion. These conceptual overlaps pose significant obstacles in both the pre-trial investigation and trial stages. The article offers an in-depth analysis of the definition of grooming, examining of its development in scientific literature and international documents. Further, the article investigates the concept of grooming as it is elaborated in both academic discourse and international legal instruments. It provides a comparative overview of the phenomenon in the context of European Union law, with a particular emphasis on Directive 2011/93/EU and the Lanzarote Convention. These instruments obligate Member States to criminalise not only physical acts of sexual abuse, but also preparatory conduct - such as the manipulative establishment of trust and psychological influence over a child - with the intent to commit a sexual offence.

In Lithuania there are significant difficulties in qualifying grooming conduct and interpreting evidence in a manner consistent with the goals of child protection. When compared to the legal systems of countries such as the United Kingdom, Spain, and Germany, the Lithuanian regulation appears to be narrower in scope, less applicable and insufficiently tailored to address modern threats, particularly those emerging in online settings.

As a result, the article argues for a reassessment of Article 152¹ of the Criminal Code. It recommends expanding the scope of this provision and redefining the legal concept of grooming to encompass a wider range of preparatory behaviours. Such reform would allow for more effective legal protection of minors, both in the physical world and in virtual environments. The findings of this research confirm that the existing legal framework in Lithuania does not ensure adequate protection for minors and that legislative alterations are urgently needed.