One of the most socially dangerous crimes against the person and sexual integrity is rape. The legislator singles out this crime and provides for heavy sanctions of imprisonment.
ATTENTION: you need to contact our criminal lawyer in time, who will work with you to develop the correct line of defense that can defend your interests, so sign up for a consultation with a criminal lawyer today.
What is the punishment for rape?
Punishment for rape will depend on the qualification of the defendant’s actions under one or another part of Article 131 of the Criminal Code of the Russian Federation. The sanctions of the corresponding article provide for imprisonment for a minimum period of 3 years, and a maximum, taking into account the gravity of the act committed, i.e. for which part a person is convicted, for a term of up to 20 years, and for the most serious crime, life imprisonment is provided.
How much do they pay for rape? The answer can be understood by studying all the nuances of a particular case together with our lawyer, who will give not only a preliminary assessment of the possible sentence, but also suggest ways to mitigate the punishment or prove innocence.
In addition to imprisonment, the defendant may be simultaneously sentenced to:
- restriction of freedom up to 2 years
- deprivation of the right to hold certain positions or engage in certain activities for a period of up to 20 years.
According to the Criminal Code of the Russian Federation, a minor will be punished for rape only upon reaching 14 years of age; it is from this age that criminal liability for serious crimes begins.
Composition of the crime and qualifications
As already mentioned, rape in Article 131 of the Criminal Code of the Russian Federation means sexual intercourse under certain circumstances. The corpus delicti arises during sexual intercourse if it involves:
- using violence against the victim;
- with the threat of using such violence (verbally, gestures, objects);
- taking advantage of the victim's helpless state.
According to the clarifications of the Supreme Court dated (Resolution of the Plenum of December 4, 2014 No. 16), violence is understood as causing physical pain to the victim or restricting her freedom (for example, beatings or confinement), and if the use of violence led to serious harm or death of the victim, then, in addition to rape , the offender will be additionally charged with the corresponding article of the Criminal Code - 111 (intentional infliction of grievous bodily harm, negligent homicide) or 105 (intentional murder).
Liability for rape with the threat of violence occurs in cases where this threat was a means of suppressing the resistance of the victim and the latter had reason to fear that the threat would be carried out. A threat can be expressed verbally, by gestures, or by displaying objects, including weapons. If a threat to kill or cause grievous bodily harm was expressed after rape in order to force the victim not to tell anyone about the incident, this will be additionally qualified as a crime under Art. 119 of the Criminal Code of the Russian Federation (threat of murder or infliction of grievous bodily harm).
The state of the victim is recognized as helpless when she could not understand the nature of the actions being performed on her or resist the rapist. Such circumstances may be, for example, dementia or another mental disorder, physical weakness, when the victim is a minor or an elderly person, a sick or unconscious state, and the rapist must be aware that the victim is in a helpless state.
How to prove innocence when accused of rape?
To defend yourself when accused of rape, you must:
- understand the proof of the absence of corpus delicti in the acts that you are charged with, namely the absence of sexual intercourse between you and the victim, the girl’s consent to sexual intercourse, if there are signs of physical violence on the girl - sexual intercourse in a perverted form will be proven, but by mutual consent consent
- since examinations are required for this crime, and even as soon as possible, a rape lawyer will help you formulate and put in writing questions for experts, since re-appointing an examination is quite problematic and the courts rarely agree to this
- petition, as part of the investigation of the case or its consideration in court, to order additional examinations that will help establish your innocence (read our additional material in the section
- if necessary, we are ready to offer you an independent legal investigation in order to establish the necessary circumstances to maintain a line of defense
- The defense will also take other actions aimed at defending your position on the case, so the range of activities should not be considered closed and exhaustive
What to do and what to do if a case has been opened under such an article
First of all, you need to contact a lawyer. An experienced rape lawyer will quickly analyze all the materials in the case and advise the client on what legal position is best for him to take. You should not testify without a lawyer present. After all, a man suspected of rape, due to his ignorance, can give evidence that will only worsen the case. Whereas an experienced lawyer will be able to benefit from any situation that arises. But you need to be extremely frank with your defender, then he will be able to minimize the negative consequences.
Share with friends:
How to prove mutual consent to sexual intercourse?
Rape does not always actually occur because the sexual intercourse was consensual. How can such consent be proven if the victim claims rape? Let's consider several options for evidence before initiating a case, since most often the prosecution supports the victim and does not take into account the words of the defendant:
- Availability of objective evidence . If there is any correspondence related to the meeting between the accused and the victim, the purpose of which was to jointly satisfy their needs for sex, then such correspondence must be provided to the investigator. Also, evidence includes photographs, videos, audio files
- Availability of witnesses . If there are witnesses who could, even indirectly, confirm the relationship between the accused and the victim, their joint desire to have sex, their behavior after the act, then such witnesses should be questioned according to the circumstances of the case.
- The behavior of the victim . In a situation where the victim blackmails her partner after sexual intercourse, extorting money, this fact must be recorded using audio recordings, video recordings, witness statements, etc. In this case, it is necessary to record the fact of blackmail as much as possible, play for time, “playing along” with the alleged victim, while simultaneously turning to law enforcement agencies for help in order to carry out activities related to recording the fact of extortion on the part of the victim.
At the same time, “playing along” with the victim should not involve consent to commit a rape that did not occur. In this matter, it is better to first consult with a lawyer and jointly decide on the tactics of action.
How to mitigate the punishment when pleading guilty to rape?
In the case where a person admits his guilt, this fact in itself is a mitigating circumstance when imposing a punishment.
If the sanction of part of the article provides for a maximum penalty of up to 10 years of imprisonment, then the accused may declare the case to be considered in a special manner, and if the victim agrees to this, the maximum penalty should not exceed 2/3 of the maximum sentence.
In addition, you can try to reconcile with the victim and make amends for the moral damage caused by making a payment of funds. Taken together, all of the above points will help mitigate the punishment, unless, of course, the injured party is inclined to impose the maximum punishment on the defendant.
USEFUL : watch the video with additional tips regarding collecting characterization material on the accused, which will help mitigate the punishment for rape
