Thus, in some countries, the distribution of pornography and bestiality are considered sexual crimes. In others, voluntary homosexuality is still considered criminal and is severely punished.
In Russia, the category of sexual crimes has also gone through a difficult path of development. The most common sexual crime was and is rape ; it existed in every criminal law, starting with the Article of the Military Peter I.
Until that time, rape was also known to the monuments of Russian jurisprudence, but it was not distinguished as a separate form of assault . A fundamental innovation in the development of the institution of sexual crimes was the appearance of Article 132 of the Criminal Code of the Russian Federation - “Violent acts of a sexual nature.” A distinction has emerged between rape and sexual assault.
Conceptual apparatus
What is the concept of sexual assault?
Rape is a sexual act in its traditional sense involving violence against a woman.
And violent acts of a sexual nature are, roughly speaking, all other possible forms of sexual violence , most often associated directly with physical impact on the body of the victim. This is the delimitation.
Such actions include: male and female homosexuality and other actions that are not established in the Criminal Code of the Russian Federation, but were developed by jurists and courts during the resolution of court cases.
The punishment and qualifying criteria for these articles are identical, that is, the law considers them equally serious crimes . The question inevitably arises: why then do there exist two norms, why not combine them into one? Let's try to answer.
Firstly, the additional logic of the appearance of Article 132 of the Criminal Code is obvious. Since rape already happened, the legislator needed to create a new crime that would cover all other acts.
Secondly, this emphasizes the social danger of these acts . If sexual violence is committed against the victim, falling under the qualifications of Articles 131 and 132, the offender will be convicted under both articles, and, accordingly, will receive a more severe punishment .
Compulsion to perform sexual acts
Compulsion to perform sexual acts
(Article 133 of the Criminal Code).
object
of the crime is the sexual freedom of the individual. An additional object may be the honor and dignity of the individual, private property relations, and other interests of the individual (for example, official, property, etc.). Victims of a crime can be both female and male.
Objective side
characterized by an act in the form of forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature, as well as methods of its commission, which include blackmail, the threat of destruction, damage or confiscation of property, as well as the use of the financial or other dependence of the victim ).
Coercion is a situation where a person is forced to do something against his will under the threat of harm to his interests. A forced person acts involuntarily, wanting to prevent harm that threatens his rights and interests.
Blackmail is a threat to disseminate information about the victim (victim) that discredits, compromises him or undermines his reputation, as well as any other information that is secret to others and cannot be disseminated against the will of the victim (victim). This information can be either true or false and does not correspond to reality.
The threat of destruction, damage or confiscation of property is a promise by the perpetrator to render one or another property of the victim completely unusable, i.e. destroy it or cause damage to the property to such an extent that restoring its useful properties will require the investment of additional forces and resources (i.e., damage), or commit theft of the victim’s property (for example, robbery), or unlawfully take possession of his car or other vehicle.
The use of a dependent position under duress means that the perpetrator threatens to commit actions against the victim that will significantly worsen his situation, infringe on his legal rights and interests (for example, illegally dismiss him from work, evict him from his living quarters, unreasonably reduce his wages, etc. ). Financial dependence presupposes a situation where the victim is completely dependent on the perpetrator or is largely dependent on him financially (for example, a guardian and ward, stepfather and stepdaughter, etc.). Other dependence means different types of control (official dependence, dependence of a student on a teacher, a student on a teacher, a person under investigation on an investigator, a petitioner on an official, etc.).
A promise to provide the dependent person with some additional benefits, benefits, or protection for engaging in sexual contact should be distinguished from coercion using the dependent position of the victim. In this situation, the person retains the opportunity to choose, and with any decision his situation will not change for the worse, since he is not deprived of the rights and benefits that he has. In this situation, the word “seduce” should be used, but not force.
The crime is completed from the moment of coercion, regardless of whether sexual contact takes place between the perpetrator and the coerced person or not.
For qualification purposes, it does not matter whether the victim is forced into long-term sexual intercourse or one-time sexual intercourse.
The implementation by the perpetrator of a threat is not covered by the crime in question and requires additional qualification under the relevant articles of the Criminal Code, for example, under Art. 129 (slander), 161 (robbery), 167 (deliberate destruction or damage to someone else’s property), etc., depending on the specific situation.
From the subjective side
the crime is characterized by intentional guilt in the form of direct intent.
Subject
is a sane person, both male and female, who has reached the age of 16. When using the dependent position of the victim, he is a special subject, i.e. a person on whom the victim is financially or otherwise dependent.
The criminal act in question must be distinguished from rape and sexual assault. The distinction should be made according to the methods of negative impact exerted on the victim, which were considered when analyzing the elements of the relevant criminal attacks.
Characteristics and elements of the crime
The subject of a crime can be any person who was fourteen years old . It will also be the one who persuaded or forced a person to commit this socially dangerous act who is not criminally liable due to his infancy , mental disorder or other legal grounds. The subjective side is only intentional, and the intent is direct .
The object of the crime is sexual freedom and sexual integrity. There is a lot of controversy regarding these concepts. Most often it is believed that only children have sexual integrity, and adults have sexual freedom . This understanding seems incorrect.
Sexual integrity is the right of any person not to engage in sexual intercourse without their own desire. And sexual freedom , in turn, is the right to determine one’s sexual life according to one’s own understanding within the framework of the law. It is important to emphasize that children do not legally have sexual freedom and acquire it only upon reaching the age of sexual consent - 16 years.
Every person at any age has sexual integrity .
The objective side consists of two elements:
- the perpetrator uses violence against the victim or takes advantage of his (her) helpless state;
- committing directly the actions themselves, which pursue the goal of satisfying the sexual desires of the perpetrator.
It is controversial whether any non-sexual act should be considered criminal under Article 132 if it produces sexual pleasure in the perpetrator . Most researchers rightly agree that no, it’s not worth it.
Sexual deviations are countless in their variety, therefore, if the action performed is not connected in one way or another with penetration into the natural cavities of the victim , such acts are subject to independent classification.
A crime with a formal element, that is, is over when the objective side begins to be fulfilled.
Sexual intercourse or other acts of a sexual nature with a person under 14 years of age
Sexual intercourse or other acts of a sexual nature with a person under 14 years of age
(Article 134 of the Criminal Code).
An object
crimes - sexual integrity of the individual, as well as the normal physical and moral development of a teenager. The victims are both female and male persons under 14 years of age.
Objective side
is expressed in the commission of sexual intercourse, sodomy or lesbianism with a person under 14 years of age. It is not entirely clear why the legislator limits the range of sexual acts only to sodomy and lesbianism, while in other norms (Articles 132, 133 of the Criminal Code) it is broader. And it is unlikely that having oral-genital or anal-genital contact with the victim will cause less harm to the object protected in this case than having sexual intercourse with her. The same can be noted in relation to other manifestations of male homosexuality in relation to a teenager.
The disposition of Article 134 of the Criminal Code refers, first of all, to voluntary sexual contact on the part of the victim with the perpetrator, i.e. in this case, there should be no methods used by the perpetrator when committing rape (Article 131 of the Criminal Code) and violent acts of a sexual nature (Article 132 of the Criminal Code). An acute question arises about distinguishing these attacks, committed using the helpless state of the victim (victim), from the crime in question. The young age of the victims indicates their helpless state, since the level of development of a child at a certain age does not allow him to understand the nature and significance of the actions performed on him. Therefore, in each situation of sexual activity with a person under 14 years of age, it is necessary to establish whether the victim was aware of what was happening, giving him a correct assessment, or not. The law does not provide a single age criterion for resolving this issue, since the mental and moral development of adolescents occurs unevenly and depends on many circumstances. Therefore, in each specific case it is necessary to find out how the victim (victim) perceived what was happening to him. And if the teenager really understood the nature and significance of the actions being performed with him and entered into sexual contact of his own free will, Art. 134 CC. Otherwise - Art. 131 or Art. 132 of the Criminal Code.
But Art. 134 of the Criminal Code also presupposes certain situations of involuntary sexual intercourse on the part of the victim with the perpetrator. Methods of influencing the victim in such a situation can be, for example, deception or abuse of trust. Voluntariness is only external. According to Art. 134 of the Criminal Code should, in our opinion, qualify the commission of sexual intercourse and other actions of a sexual nature with a person under 14 years of age, using the methods specified in Art. 133 of the Criminal Code, i.e. by blackmail, threats of destruction, damage or confiscation of property, or using the financial or other dependence of the victim. This conclusion follows from a comparison of the sanctions of Art. 133 and art. 134 of the Criminal Code, the first of which, as the most severe punishment, provides for imprisonment for up to one year, and the second - imprisonment for up to four years. If a teenager is forced to commit acts of a sexual nature that are not mentioned in the disposition of Art. 134 of the Criminal Code, by the methods specified in Art. 133 of the Criminal Code, the latter should be applied.
The crime is completed from the moment of sexual intercourse, sodomy or lesbianism. For qualification purposes, it does not matter whether the perpetrator’s sexual relations with the teenager were one-time or systematic.
Subjective side
crimes are characterized by intentional guilt in the form of direct intent.
The perpetrator must reliably know that the victim is under 14 years of age. Subject
is a sane person, both male and female, who has reached the age of 18.
Kinds
In the article itself they are divided into three large groups:
- sodomy;
- lesbianism;
- other actions of a sexual nature.
The first two groups are homosexual sexual intercourse between men and women, respectively.
In practice, there are difficulties in defining lesbianism , since a number of researchers believe that sex between women is possible only by mutual consent.
This opinion seems doubtful , because at the same time no one disputes that the acts of Article 132 of the Criminal Code of the Russian Federation are associated with penetration into the body of the victim(s).
A woman can use any phallic object to perform a violent sexual act on another woman.
The third group of violent acts of a sexual nature is numerous in its content, however, judicial practice, experts in the science of criminal law and sexologists have developed a list of typical actions:
- genital coitus, if a woman forcibly forces a man to do it;
- vestibular coitus - friction against a woman’s genitals without direct penetration;
- oral coitus;
- anal coitus;
- vichariyata – insertion of the penis between the victim’s clenched thighs;
- narvasadata - the same thing, but between the mammary glands;
- inserting objects into the victim’s genitals or other natural openings on the body.
Features and problems of qualification
Undoubtedly, violent sexual acts must be distinguished , first of all, from rape. How is rape different from sexual assault?
If the committed act consists only of sexual intercourse between a man and a woman using violence without additional actions that would fit under Article 132 of the Criminal Code of the Russian Federation, then this is rape.
It is more difficult to qualify situations when the victim is under 14 years of age and has given voluntary consent, because This is part of Article 134. Consent at such a young age is a controversial issue. Often, a child may give such consent after being frightened or deceived by the perpetrator.
In addition, mental development in children can vary greatly at the same age.
Someone develops faster and already at the age of 13 understands the nature of sexual relations between people and can give their voluntary consent out of curiosity or for other reasons, while others may have ideas about sexual life like a seven-year-old child, and such children are in special risk group.
To correctly establish the fact of consent , the participation of sexologists and child psychologists is necessary, and it is also necessary to interview everyone who knew the victim and can assess his intellectual and emotional development.
Art. 132 of the Criminal Code of the Russian Federation contains a wide list of other aggravating circumstances , and difficulties arise in determining some of them.
Qualified list of violent acts of a sexual nature:
- Gang violence . The victim could only agree to have sex with one or more of all the perpetrators. Then it is necessary to determine whether there were signs of complicity in their actions, and if so, such persons should be recognized as accomplices or co-perpetrators, taking into account the nature of the actions they committed. If they did not help other persons to commit violent sexual acts against the victim, then there is no substance in their actions.
- In the case of group violence , another difficult situation is possible, when one of the participants is a minor and the question arises, does complicity arise in this case? The plenums of the Supreme Court clarify that yes, it arises even if out of the entire group only one of the participants has reached the age of criminal responsibility. Indeed, despite the age of the participants, the group execution of a crime, even simply the participation of several people at the scene of the crime, not only increases the social danger of the act, but also significantly reduces the will of the victim to resist.
Particular cruelty. This is an evaluative factor and it is established in court taking into account all the materials of the case. Particular cruelty is recognized as mockery and bullying of the victim, the realized desire to cause him more suffering, including psychological (for example, committing a crime in the presence of family or loved ones). For qualification, it is important that particularly cruel actions must occur before or during the crime; if they are committed after, they must be classified separately. - Intentional infliction of grievous and especially grievous harm to health is classified separately in the aggregate.
- Murder for the purpose of necrophilia is subject to criminal legal assessment under Article One Hundred and Five of the Criminal Code of the Russian Federation .
A prerequisite is violence or the threat of its use . If the victim is forced, without violence, to perform sexual acts by threatening to disseminate any information that will discredit him, then such an action is qualified by Art. 134 of the Criminal Code of the Russian Federation.
Rape (Article 131 of the Criminal Code of the Russian Federation). Its difference from sexual assault
generic object
are various benefits of the individual.
Species object -
sexual integrity and sexual freedom.
Direct object
stands for the sexual integrity of a particular minor girl and the sexual freedom of a particular woman.
Additional direct object
the normal physical and moral development of minors, the health and life of a particular victim.
Objective side
is expressed in an act in the form of active actions - sexual intercourse with the use of violence OR the threat of violence or taking advantage of the helpless state of the victim.
Sexual intercourse should be understood as the commission of sexual intercourse between a man and a woman (clause 1 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of June 15, 2004 No. 11 “On judicial practice in cases of crimes provided for in Articles 131 and 132 of the Criminal Code of the Russian Federation”).
The use of violence means beatings and minor and moderate harm to health.
The threat of violence is a mental influence on the victim to cause beatings, minor or moderate harm to health.
The threat can be directed towards the victim or other persons.
Other persons should be understood as relatives of the victim, as well as persons to whom the perpetrator, in order to overcome the resistance of the victim, uses violence or threatens to use it (clause 7 of the Resolution).
Rape committed using the helpless state of the victim is understood as a case when, due to her physical or mental condition (dementia or other mental disorder, physical disabilities, other painful or unconscious state, young or old age, etc.) she could not understand the nature and significance of the actions performed on her or resist the perpetrator. At the same time, the person committing rape must be aware that the victim is in a helpless state. When assessing the circumstances of rape against a victim who was intoxicated, the courts must proceed from the fact that a helpless state in these cases can only be recognized as such a degree of intoxication caused by the use of alcohol, drugs or other intoxicating substances, which deprived the victim of the opportunity to provide assistance. resistance to the rapist. For qualification, it does not matter whether she was put into such a state by the perpetrator himself (for example, he gave her alcohol, gave drugs, sleeping pills, etc.) or was in a helpless state, regardless of the actions of the person who committed the crime (clause 3 of the Resolution ).
The actions of a person who has obtained a woman’s consent to engage in sexual intercourse through deception or abuse of trust (for example, a knowingly false promise to marry her) cannot be considered as a crime against sexual integrity and sexual freedom of the individual (clause 2 of the Resolution).
It is possible for a husband to be held criminally liable for raping his wife.
Compound
by design
it is formal
and is considered completed from the moment the sexual intercourse begins.
Rape should be considered completed from the moment of the beginning of sexual intercourse, regardless of its completion and onset.
drinking consequences. When deciding whether a person’s actions contain a complete crime or only an attempt to commit such criminal acts, courts need to find out whether the person acted with the intention of committing rape, and also whether the violence used was a means to achieve this goal, which is not was carried out for reasons beyond the control of the notes (clause 5 of the Resolution).
Attempted rape should be distinguished from voluntary refusal to commit these actions, which excludes the criminal liability of the person (Article 31 of the Criminal Code of the Russian Federation). In the event that a person was aware of the possibility of carrying out criminal actions to completion, but voluntarily and finally refused to commit rape (but not due to reasons that arose against his will), what he did, regardless of the motives for refusal, is qualified according to the actually committed actions, provided that they contain elements of another crime (clause 6 of the Resolution).
Subjective side
is characterized by a deliberate form of guilt and is expressed in the direct form of intent, the perpetrator is aware that he is committing sexual intercourse against or against the will of the victim, and desires it.
Subject
- a natural, sane person over 14 years of age, male only.
Qualified View
Part 2 Art. 131 of the Criminal Code of the Russian Federation provided for criminal liability for rape committed:
b) a group of persons, a group of persons by prior conspiracy or an organized group.
A group of persons refers to two or more persons involved in the commission of rape.
Rape should be recognized as committed by a group of persons (a group of persons by prior conspiracy, an organized group) not only in cases where one or more victims are sexually assaulted by several persons, but also when the perpetrators, acting in concert, use violence or the threat of violence against several victims, then commit forced sexual intercourse with each or at least one of them. It is not only the actions of individuals that must be recognized as gang rape. those who directly committed a violent sexual act, but also the actions of persons who assisted them by applying physical or mental violence to the victim. At the same time, the actions of persons who personally did not commit forced sexual intercourse, but who through the use of violence assisted other persons in committing a crime, should be qualified as co-perpetrators of gang rape (Part 2 of Article 33 of the Criminal Code of the Russian Federation). The actions of a person who did not directly engage in sexual intercourse with the victim and did not use physical or mental violence against her when committing these actions, but only assisted in the commission of a crime with advice, instructions, providing information to the guilty person or removing obstacles, etc., should be qualified according to Part 5 Art. 33 of the Criminal Code of the Russian Federation and in the absence of qualifying features - under Part 1 of Art. 131 of the Criminal Code of the Russian Federation (clause 10 of the Resolution).
A woman can also be a co-perpetrator of gang rape if she used violence or threats against the victim.
Rape committed by a group of persons by prior conspiracy occurs when two or more persons agreed in advance to commit rape;
c) 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.
In accordance with the Resolution of the Plenum, these are not only direct statements that expressed the intention to immediately use physical violence against the victim or other persons, but also such threatening actions as the demonstration of weapons or objects that can be used as weapons (knife, razor, ax and so on.).
Threat Requirements:
1) this is a means of overcoming the victim’s resistance; 2) there must be reason to fear this threat.
If the threat of murder or grievous bodily harm was expressed after rape in order to intimidate the victim, then the qualification is carried out according to the totality of Art. 119 of the Criminal Code of the Russian Federation and Part 1 of Art. 131 of the Criminal Code of the Russian Federation.
Particular cruelty - if in the process of rape the victim or other persons are deliberately inflicted with physical or moral torture and suffering: mockery; mockery; torture; causing bodily harm; rape in the presence of relatives or friends of the victim.
It is mandatory to establish intent to cause special torment and suffering;
d) resulting in infection of the victim with a venereal disease:
1) the person must know that he has this disease;
2) the perpetrator must foresee the possibility or inevitability of infection of the victim;
3) desire or allow such infection. Additional qualifications under Art. 121 of the Criminal Code of the Russian Federation is not required;
d) obviously a minor.
Particularly qualified species
Part 3 Art. 131 of the Criminal Code of the Russian Federation provides for criminal liability for rape:
a) a minor;
b) resulting through negligence in causing serious harm to the health of the victim, infecting her with HIV infection or other grave consequences.
A type of exceptional severity.
4 tbsp. 131 of the Criminal Code of the Russian Federation provides for criminal liability for rape:
a) negligently caused the death of the victim;
b) a victim under fourteen years of age.
| Article 131 of the Criminal Code of the Russian Federation | Article 132 of the Criminal Code of the Russian Federation |
| The victim is a woman (minor girl) | Victim – man (woman) |
| The objective side of rape is expressed in an act in the form of active actions - in sexual intercourse with the use of violence or threats of violence or taking advantage of the helpless state of the victim. | The objective side is expressed in the act in the form of active actions - in sodomy, lesbianism or other actions of a sexual nature using violence or the threat of violence or taking advantage of the helpless state of the victim (victim). |
| The subject is a natural, sane person, over 14 years old, male only. | Subject is a natural, sane person over 14 years of age (male, female). |
Violent acts of a sexual nature (Article 132 of the Criminal Code of the Russian Federation)
generic object
are various benefits of the individual.
The species object
is sexual freedom and sexual inviolability.
Direct object
stands for sexual freedom and sexual
inviolability of a particular person.
Additional direct object
stands for the normal physical and moral development of minors, the health and life of a particular person.
Objective side
is expressed in an act in the form of active actions - in sodomy and lesbianism, as well as in other violent acts of a sexual nature using violence or the threat of its use or using the helpless state of the victim.
Sodomy should be understood as sexual contacts between men, and lesbianism - sexual contacts between women. Other actions of a sexual nature should be understood as satisfying sexual needs in other ways, including a woman forcing a man to perform sexual intercourse through the use of violence or the threat of its use (clause 1 of the Resolution).
Subjective side
is characterized by a deliberate form of guilt and is expressed in the direct form of intent.
Subject is a natural, sane person who has reached 14 years of age, male or female.
Qualified View
Part 2 Art. 132 of the Criminal Code of the Russian Federation provides for criminal liability for violent acts of a sexual nature:
a) committed by a group of persons, a group of persons by prior conspiracy or an organized group;
b) associated with 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 (victim) with a sexually transmitted disease.
Particularly qualified species
Part 3 Art. 132 of the Criminal Code of the Russian Federation provides for criminal liability for violent acts of a sexual nature provided for in Part 1 or Part 2, if they:
a) committed against a minor (minor);
b) caused through negligence the infliction of grave harm to the health of the victim, infection of him or her with HIV infection, or other grave consequences.
A type of exceptional severity.
4 tbsp. 132 of the Criminal Code of the Russian Federation provides for criminal liability for violent acts of a sexual nature provided for in Part 1 or Part 2, if they:
a) caused by negligence the death of the victim(s);
b) committed against a person under fourteen years of age.
generic object
are various benefits of the individual.
Species object -
sexual integrity and sexual freedom.
Direct object
stands for the sexual integrity of a particular minor girl and the sexual freedom of a particular woman.
Additional direct object
the normal physical and moral development of minors, the health and life of a particular victim.
Objective side
is expressed in an act in the form of active actions - sexual intercourse with the use of violence OR the threat of violence or taking advantage of the helpless state of the victim.
Sexual intercourse should be understood as the commission of sexual intercourse between a man and a woman (clause 1 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of June 15, 2004 No. 11 “On judicial practice in cases of crimes provided for in Articles 131 and 132 of the Criminal Code of the Russian Federation”).
The use of violence means beatings and minor and moderate harm to health.
The threat of violence is a mental influence on the victim to cause beatings, minor or moderate harm to health.
The threat can be directed towards the victim or other persons.
Other persons should be understood as relatives of the victim, as well as persons to whom the perpetrator, in order to overcome the resistance of the victim, uses violence or threatens to use it (clause 7 of the Resolution).
Rape committed using the helpless state of the victim is understood as a case when, due to her physical or mental condition (dementia or other mental disorder, physical disabilities, other painful or unconscious state, young or old age, etc.) she could not understand the nature and significance of the actions performed on her or resist the perpetrator. At the same time, the person committing rape must be aware that the victim is in a helpless state. When assessing the circumstances of rape against a victim who was intoxicated, the courts must proceed from the fact that a helpless state in these cases can only be recognized as such a degree of intoxication caused by the use of alcohol, drugs or other intoxicating substances, which deprived the victim of the opportunity to provide assistance. resistance to the rapist. For qualification, it does not matter whether she was put into such a state by the perpetrator himself (for example, he gave her alcohol, gave drugs, sleeping pills, etc.) or was in a helpless state, regardless of the actions of the person who committed the crime (clause 3 of the Resolution ).
The actions of a person who has obtained a woman’s consent to engage in sexual intercourse through deception or abuse of trust (for example, a knowingly false promise to marry her) cannot be considered as a crime against sexual integrity and sexual freedom of the individual (clause 2 of the Resolution).
It is possible for a husband to be held criminally liable for raping his wife.
Compound
by design
it is formal
and is considered completed from the moment the sexual intercourse begins.
Rape should be considered completed from the moment of the beginning of sexual intercourse, regardless of its completion and onset.
drinking consequences. When deciding whether a person’s actions contain a complete crime or only an attempt to commit such criminal acts, courts need to find out whether the person acted with the intention of committing rape, and also whether the violence used was a means to achieve this goal, which is not was carried out for reasons beyond the control of the notes (clause 5 of the Resolution).
Attempted rape should be distinguished from voluntary refusal to commit these actions, which excludes the criminal liability of the person (Article 31 of the Criminal Code of the Russian Federation). In the event that a person was aware of the possibility of carrying out criminal actions to completion, but voluntarily and finally refused to commit rape (but not due to reasons that arose against his will), what he did, regardless of the motives for refusal, is qualified according to the actually committed actions, provided that they contain elements of another crime (clause 6 of the Resolution).
Subjective side
is characterized by a deliberate form of guilt and is expressed in the direct form of intent, the perpetrator is aware that he is committing sexual intercourse against or against the will of the victim, and desires it.
Subject
- a natural, sane person over 14 years of age, male only.
Qualified View
Part 2 Art. 131 of the Criminal Code of the Russian Federation provided for criminal liability for rape committed:
b) a group of persons, a group of persons by prior conspiracy or an organized group.
A group of persons refers to two or more persons involved in the commission of rape.
Rape should be recognized as committed by a group of persons (a group of persons by prior conspiracy, an organized group) not only in cases where one or more victims are sexually assaulted by several persons, but also when the perpetrators, acting in concert, use violence or the threat of violence against several victims, then commit forced sexual intercourse with each or at least one of them. It is not only the actions of individuals that must be recognized as gang rape. those who directly committed a violent sexual act, but also the actions of persons who assisted them by applying physical or mental violence to the victim. At the same time, the actions of persons who personally did not commit forced sexual intercourse, but who through the use of violence assisted other persons in committing a crime, should be qualified as co-perpetrators of gang rape (Part 2 of Article 33 of the Criminal Code of the Russian Federation). The actions of a person who did not directly engage in sexual intercourse with the victim and did not use physical or mental violence against her when committing these actions, but only assisted in the commission of a crime with advice, instructions, providing information to the guilty person or removing obstacles, etc., should be qualified according to Part 5 Art. 33 of the Criminal Code of the Russian Federation and in the absence of qualifying features - under Part 1 of Art. 131 of the Criminal Code of the Russian Federation (clause 10 of the Resolution).
A woman can also be a co-perpetrator of gang rape if she used violence or threats against the victim.
Rape committed by a group of persons by prior conspiracy occurs when two or more persons agreed in advance to commit rape;
c) 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.
In accordance with the Resolution of the Plenum, these are not only direct statements that expressed the intention to immediately use physical violence against the victim or other persons, but also such threatening actions as the demonstration of weapons or objects that can be used as weapons (knife, razor, ax and so on.).
Threat Requirements:
1) this is a means of overcoming the victim’s resistance; 2) there must be reason to fear this threat.
If the threat of murder or grievous bodily harm was expressed after rape in order to intimidate the victim, then the qualification is carried out according to the totality of Art. 119 of the Criminal Code of the Russian Federation and Part 1 of Art. 131 of the Criminal Code of the Russian Federation.
Particular cruelty - if in the process of rape the victim or other persons are deliberately inflicted with physical or moral torture and suffering: mockery; mockery; torture; causing bodily harm; rape in the presence of relatives or friends of the victim.
It is mandatory to establish intent to cause special torment and suffering;
d) resulting in infection of the victim with a venereal disease:
1) the person must know that he has this disease;
2) the perpetrator must foresee the possibility or inevitability of infection of the victim;
3) desire or allow such infection. Additional qualifications under Art. 121 of the Criminal Code of the Russian Federation is not required;
d) obviously a minor.
Particularly qualified species
Part 3 Art. 131 of the Criminal Code of the Russian Federation provides for criminal liability for rape:
a) a minor;
b) resulting through negligence in causing serious harm to the health of the victim, infecting her with HIV infection or other grave consequences.
A type of exceptional severity.
4 tbsp. 131 of the Criminal Code of the Russian Federation provides for criminal liability for rape:
a) negligently caused the death of the victim;
b) a victim under fourteen years of age.
| Article 131 of the Criminal Code of the Russian Federation | Article 132 of the Criminal Code of the Russian Federation |
| The victim is a woman (minor girl) | Victim – man (woman) |
| The objective side of rape is expressed in an act in the form of active actions - in sexual intercourse with the use of violence or threats of violence or taking advantage of the helpless state of the victim. | The objective side is expressed in the act in the form of active actions - in sodomy, lesbianism or other actions of a sexual nature using violence or the threat of violence or taking advantage of the helpless state of the victim (victim). |
| The subject is a natural, sane person, over 14 years old, male only. | Subject is a natural, sane person over 14 years of age (male, female). |
Violent acts of a sexual nature (Article 132 of the Criminal Code of the Russian Federation)
generic object
are various benefits of the individual.
The species object
is sexual freedom and sexual inviolability.
Direct object
stands for sexual freedom and sexual
inviolability of a particular person.
Additional direct object
stands for the normal physical and moral development of minors, the health and life of a particular person.
Objective side
is expressed in an act in the form of active actions - in sodomy and lesbianism, as well as in other violent acts of a sexual nature using violence or the threat of its use or using the helpless state of the victim.
Sodomy should be understood as sexual contacts between men, and lesbianism - sexual contacts between women. Other actions of a sexual nature should be understood as satisfying sexual needs in other ways, including a woman forcing a man to perform sexual intercourse through the use of violence or the threat of its use (clause 1 of the Resolution).
Subjective side
is characterized by a deliberate form of guilt and is expressed in the direct form of intent.
Subject is a natural, sane person who has reached 14 years of age, male or female.
Qualified View
Part 2 Art. 132 of the Criminal Code of the Russian Federation provides for criminal liability for violent acts of a sexual nature:
a) committed by a group of persons, a group of persons by prior conspiracy or an organized group;
b) associated with 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 (victim) with a sexually transmitted disease.
Particularly qualified species
Part 3 Art. 132 of the Criminal Code of the Russian Federation provides for criminal liability for violent acts of a sexual nature provided for in Part 1 or Part 2, if they:
a) committed against a minor (minor);
b) caused through negligence the infliction of grave harm to the health of the victim, infection of him or her with HIV infection, or other grave consequences.
A type of exceptional severity.
4 tbsp. 132 of the Criminal Code of the Russian Federation provides for criminal liability for violent acts of a sexual nature provided for in Part 1 or Part 2, if they:
a) caused by negligence the death of the victim(s);
b) committed against a person under fourteen years of age.
Consequences
What is the responsibility for a crime? In its simple form, without qualifying features, this act is punishable by imprisonment for a term of 3 to 6 years.
Also, serious crimes include acts provided for in parts two and three of Article 132 of the Criminal Code of the Russian Federation, but require a more severe punishment .
A crime can be especially serious if:
- the death of the victim was caused by negligence;
- the victim is a minor;
- the perpetrator already has a criminal record for sexual offenses where the victim was a minor.
Additionally, the court may impose one more punishment to the main one: prohibit the offender from engaging in any specific activity or holding a position .
The Criminal Code of the Russian Federation provides that for a number of especially dangerous crimes, responsibility begins at the age of fourteen.
These include the crime in question. This means that if a minor aged 14 to 18 years is found to be the subject of a crime, sentenced under general conditions on an equal basis with adults.
In practice, the courts, of course, take into account the young age of the offender and may impose a suspended or minimum sentence if the offender is characterized positively and has not been previously noticed in antisocial activities. But it is important to understand that this is not the direct responsibility of the court, but its right.
Statistics of crimes committed under Article 132 of the Criminal Code of the Russian Federation
On average, from four to six thousand such crimes are registered throughout the country per year. It seems that much more of them are committed, however, due to the fact that victims often do not want publicity and therefore do not seek help from the investigation, some crimes remain unpunished .
More than half of all violent sexual acts are considered homosexual . Based on age, more than half were committed against minors.
Last year, a criminal operating via the Internet . He sent pornographic materials to girls aged 13-14 years old, the court found that by doing so he exerted psychological pressure on them to force them to have sexual relations with him.
