Criminal Code of the Russian Federation in the latest edition:
Article 131 of the Criminal Code of the Russian Federation. Rape
1. Rape, that is, sexual intercourse with the use of violence or with the threat of its use to the victim or other persons, or taking advantage of the helpless state of the victim, -
shall be punished by imprisonment for a term of three to six years.
2. Rape:
a) committed by a group of persons, a group of persons by prior conspiracy or an organized group;
b) accompanied by a threat of murder or infliction of grievous bodily harm, as well as committed with particular cruelty towards the victim or other persons;
c) resulting in infection of the victim with a venereal disease, -
shall be punishable by imprisonment for a term of four to ten years, with or without restriction of freedom for a term of up to two years.
3. Rape:
a) a minor;
b) resulting through negligence in causing grievous harm to the health of the victim, infecting her with HIV infection or other grave consequences, -
shall be punishable by imprisonment for a term of eight to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years.
4. Rape:
a) negligently caused the death of the victim;
b) a victim under fourteen years of age -
shall be punishable by imprisonment for a term of twelve to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years.
5. The act provided for in paragraph “b” of part four of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor, -
shall be punishable by imprisonment for a term of fifteen to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, or life imprisonment.
Note. The crimes provided for in paragraph “b” of part four of this article, as well as paragraph “b” of part four of Article 132 of this Code also include acts that fall under the elements of crimes provided for in parts three - five of Article 134 and parts two - four of Article 135 of this Code, committed against a person under twelve years of age, since such a person, due to his age, is in a helpless state, that is, cannot understand the nature and significance of the actions performed on him.
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Comments on Article 131 of the Criminal Code of the Russian Federation
Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16 “On judicial practice in cases of crimes against sexual freedom and sexual integrity of the individual” is devoted to the issues of qualification of rape and violent acts of a sexual nature.
Object of crime . When an adult woman is raped, the main object of the crime is her sexual freedom.
Sexual freedom is the freedom of a person to choose a partner in sexual relations. Sexual freedom presupposes a woman’s independent decision to engage in sexual intercourse with a man, to choose a sexual partner, forms, without physical or mental coercion.
When raping a minor, a minor, or someone who was in a helpless state, the object of the crime is sexual integrity.
Sexual integrity means the prohibition of sexual relations with a person under sixteen years of age. At the same time, a violation of sexual integrity always means a violation of sexual freedom, as an integral part.
An additional object is the health of the victim, her honor and dignity, and in the case of rape of minors or minors - their normal physical, mental, moral, and sexual development.
The victim of rape can only be a female person.
To recognize a woman as a victim, her previous behavior (immoral lifestyle, prostitution, etc.) and her relationship with the perpetrator (marriage, cohabitation, etc.) do not matter.
In practice, cases of rape are known not only of strangers, but also of wives, cohabitants, close relatives, etc.
By virtue of the law (note to the article), sexual intercourse with a girl under the age of 12 is always recognized as rape, regardless of the fact that she is aware of the meaning and nature of the actions performed on her.
The objective side of rape is complex, structural, and consists of mandatory actions:
- sexual intercourse and
- violence or the threat of its use or taking advantage of the helpless state of the victim.
The absence of one of the specified actions of the objective party means the absence of rape, or if there are grounds for this, the person’s actions can be qualified under Art. 133 or 134 of the Criminal Code of the Russian Federation.
Rape should be considered completed from the moment sexual intercourse begins (clause 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16).
If only violence is used or the threat of its use is made for the purpose of committing sexual intercourse against the will of a woman, but there was no sexual intercourse itself, then attempted rape occurs.
