ST 133 of the Criminal Code of the Russian Federation.
1. Forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature by means of blackmail, threats of destruction, damage or confiscation of property or using the financial or other dependence of the victim (victim) - is punishable by a fine in the amount of up to one hundred twenty thousand rubles or the amount of wages or other income of the convicted person for a period of up to one year, or compulsory work for a period of up to four hundred eighty hours, or correctional labor for a period of up to two years, or forced labor for a period of up to one year, or imprisonment for the same period.
2. The same act committed in relation to a minor is punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.
Commentary to Art. 133 Criminal Code
1. The victim can be a person of any gender who has reached 16 years of age. Forcing a person under 16 years of age to engage in sexual intercourse, sodomy, lesbianism and their subsequent commission is qualified in conjunction with Art. 134 CC; whereas forcing a person under 16 years of age to commit other acts of a sexual nature with their subsequent commission is qualified in conjunction with Art. 135 of the Criminal Code.
2. The objective side consists of an act in the form of forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature in one of the ways specified in the law. These include: blackmail (i.e. the threat to divulge information that disgraces a person, regardless of whether it is fictitious or not); threat of destruction, damage or seizure of property; use of the financial or other dependence of the victim (victim). The fact that the perpetrator promises to carry out his threats (immediately or in the future) does not affect the qualification of the crime. In this case, threats can be made both in relation to the person who is forced to perform actions of a sexual nature, and in relation to persons close to him.
3. The crime is over from the moment of compulsion; the fact of committing acts of a sexual nature in the future does not affect qualifications.
4. The subject of the crime is special when committing an act using the financial or other dependence of the victim. This is the person on whom the victim is dependent. In other cases, the subject of the crime is common.
5. Qualified offenses (Part 2) imply responsibility for committing a crime against a person under 18 years of age.
Bullying is punishable
Sending a victim one-time or systematic threats of a non-violent nature entails liability under Art. 133 of the Criminal Code of the Russian Federation. If these facts are confirmed and the culprit is identified during the investigation, the offender faces the following punitive sanctions:
- a fine in a monetary amount of up to 120 thousand rubles, or in the amount of salary up to one year;
- compulsory work lasting up to 480 hours;
- correctional labor for up to two years;
- imprisonment or forced labor for a period of up to one year.
If similar illegal actions are committed against a victim under the age of 18, the punishment will be imposed under Part 2 of Art. 133 of the Criminal Code of the Russian Federation. In this case, a prison sentence of up to five years may follow.
Second commentary to Art. 133 of the Criminal Code of the Russian Federation
1. Coercion means mental influence on the victim (victim) in order to force (him) her to have sexual contact with another person against her will. In this case, it is a way of suppressing the will and obtaining consent, albeit forced, to enter into a heterosexual or homosexual relationship, lesbianism, or to commit other actions of a sexual nature. Coercion may be expressed verbally, in writing or in any other form.
2. Blackmail involves the threat of disclosing information compromising the victim, intimidating him; threat of destruction, damage or seizure of property - expressed intentions to commit these actions (this must significantly affect the interests of another person in order to act as a factor suppressing his will); financial dependence - being in full or partial, but significant dependence on the perpetrator on legal grounds or with his voluntary consent; other dependence - any other dependence, except material, characterized by the lack of full or partial independence, freedom, the presence of subordination in service, work or study, etc.
3. The subjective side is characterized by direct intent.
4. The subject of the crime is special when it comes to the victim (victim) who is (is) in financial or other dependence; in all other cases - a person (regardless of gender) who has reached the age of 16.
5. The concept of a minor (minor) is revealed in the same way as in other crimes.
Threatened with rape. What to do?
Sexual violence is recognized as one of the most serious crimes; the provisions of Art. 131 and art. 132 of the Criminal Code of the Russian Federation. The key signs of rape that allow for prosecution are:
- sexual contact in a natural form, and other violent actions are considered within the framework of Art. 132 of the Criminal Code of the Russian Federation;
- lack of consent on the part of the victim, which is expressed in physical violence, the threat of its use or the helplessness of the victim;
- physical force or threat can be addressed not only to the victim, but also to other persons.
Note! Article 131 of the Criminal Code of the Russian Federation allows only a woman to be recognized as a victim. To bring to justice for violation of the sexual integrity of a male person, the provisions of Art. 132 of the Criminal Code of the Russian Federation.
The fact of rape is only sexual intercourse committed under duress or threat. Also, criminal sanctions will be applied to a rapist whose criminal plan was not completed for reasons beyond his control (in this case, he will be tried for attempted rape). The fact of uttering a threat of sexual violence is not included in the criminal offense of Art. 131 of the Criminal Code of the Russian Federation, if the offender did not attempt to engage in sexual intercourse under duress.
This does not mean that threats of rape are not punishable. For this purpose Art. 133 of the Criminal Code of the Russian Federation, which provides for such forms of coercion to sexual contact as blackmail, threat of destruction of property, etc. The punishment for such illegal behavior will be significantly lower, since the fact of an assault on sexual integrity did not take place.
Article for harassment
Whether certain actions qualify as harassment depends directly on the behavior, social status, and perception of the victim. There are many different types of harassment. For example, sexually.
This group includes inducing female students and subordinates into intimate relationships, demanding sex through blackmail, and even vulgar conversations on relevant topics. The violator may also undertake other types of harassment. This is too intrusive attention or sexual pressure exerted in public places. In some situations, even telephone calls when a maniac passionately whispers into the phone are considered harassment.
Harassers must not go unpunished. Offenders face criminal liability. Punishment is regulated and imposed on the basis of 133 legislative acts found in the current Criminal Code.
Illegal actions towards adults
During legal proceedings, the subject of which was inducement to sexual relations, the age of the victim plays a huge role. If the victim is already eighteen years old, then the first paragraph of article number 133 comes into force. Forced inducement of an individual into relationships of a sexual nature can occur in various ways.
Most often, criminals try to blackmail the victim. The pressure works properly on the woman and she agrees to have sexual intercourse. Manipulations with property are also possible. Harassers may threaten that they will destroy, harm, or seize a certain property. Harassment can also be committed with the help of material relationships or other dependencies of this kind.
All of the above actions are criminally punishable. First of all, penalties are provided. The maximum amount of deduction is one hundred twenty thousand rubles. The exact amount depends on the level of harassment. The more serious the offender's offense, the more he will have to pay. In addition, they may approve the payment of wages (as penalties). The convicted person will need to provide his income for approximately a year.
Those convicted under the first part of Article 133 of the criminal law may be subject to mandatory labor. However, the duration of such punishment cannot exceed a 480-hour period. In addition, harassers may face correctional labor. They are provided for a two-year period. Punishments such as forced labor and imprisonment are also acceptable. They are valid for a maximum of one year.
Harassment of a minor
If a criminal sexually harasses an individual who is not yet eighteen years old, then a special punishment is provided for this on the basis of the second part of article number 133 of the Criminal Code of the Russian Federation. Such actions committed towards small children are a gross violation of the law. A convicted person who molested a minor victim will face one of the following penalties:
- Forced labor. The offender will need to work in certain places, which are established by executive bodies, on a paid basis. In this case, a certain amount will be withheld from the prisoner’s earnings. This punishment will last for five years. In addition, an individual may additionally be deprived of the opportunity to occupy leadership positions, as well as some other positions. This can be done for a maximum of three years.
- Deprivation of liberty . Also, the offender can be forcibly isolated from society and subject to a special punishment regime. In cases of harassment in the most obvious and severe form, freedom is deprived for five years. The judge may additionally impose a ban on holding a certain position. Such punishment is usually applied when a teacher harasses female students, a teacher harasses students, and the like. Its validity period is no more than three years.
If a child has been harassed by a certain individual, then his parents must defend the rights of the victim. The father and/or mother are required to participate in all legal proceedings and take all possible actions to help punish the offender. As for the type of punishment associated with the annulment of the convicted person’s right to hold certain positions, it may not always be applied. Whether this restriction comes into force or not is decided by the judge.
It should be noted that it will only be possible to prosecute an individual who has been observed harassing someone if there is evidence. This may be the testimony of witnesses or written confirmation of certain facts.
What actions to take
First of all, in order to punish an individual for harassment, care must be taken to confirm this fact. A video or corresponding audio recording can serve as irrefutable evidence. Witness testimony can also be used. However, the identity of the individual acting as a witness plays a role. If this is a close person to the victim, then his testimony will not have legal force. The same applies to situations where witnesses are in a hostile relationship with the accused.
After collecting evidence, the injured individual can contact the police and file a corresponding claim. It may also be that the application will not be accepted for processing. For example, when police officers refuse to initiate a criminal case. In such situations, it is necessary to contact the prosecutor's office to restore justice. You will need to write a counterclaim, which will include a link to the previous statement. Also, do not forget to provide the prosecutor's office with evidence confirming the fact of harassment.
It is worth remembering that it is appropriate to accuse someone of harassment only if the corresponding actions were committed explicitly. For example, if a teacher gives a student explicit hints about sexual intercourse on a daily basis, it will be very difficult to prove that this act constitutes harassment. This also applies to vulgar jokes and all other similar manifestations that do not entail offensive actions. Thus, it is impossible to hold accountable an individual whose harassment is manifested only in the form of hints (albeit quite blatant).
What to do if rape occurs under threat?
If the threat of the criminal was of a violent nature, including against the victim’s relatives, sanctions will be applied according to the general rules of Art. 131 of the Criminal Code of the Russian Federation. In this case, the following nuances must be taken into account:
- if the threat did not involve the actual use of physical force, the fact of rape cannot be proven. For example, if the offender made a general threat, did not display a weapon, or did not take physical force to engage in sexual intercourse;
- sexual contact will not be considered rape if the threat was not violent. Punishment will follow only under Art. 133 of the Criminal Code of the Russian Federation;
- For threats with coercion to sexual intercourse, a female subject can also be held accountable, while rape can only be committed by a man.
In the process of proving the facts of the threat, the actions of the victim will also be assessed. Often, statements to the police are filed for the purpose of blackmail in order to receive a monetary reward for refusing to prosecute. If such facts are established, the alleged victim himself will be held accountable for knowingly false denunciation.
