Rape composition and types. Difference from coercion and violent acts of a sexual nature.

Rape composition and types. Difference from coercion and violent acts of a sexual nature.

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Rape (131 of the Criminal Code of the Russian Federation) is sexual intercourse between a man and a woman, committed against her will and desire as a result of physical or mental (use of threat) violence or exploitation of the victim’s helpless state.

The object is the sexual freedom of a woman or the sexual integrity of a minor.

The objective side is the commission of sexual intercourse with the use of physical violence (beatings, harm of mild or moderate severity and other actions), or the threat of its use (verbally or through threatening actions), or taking advantage of the helpless state of the victim.

Sexual intercourse is the insertion of a man’s penis into the vestibule or actually into the woman’s vagina.

Helpless state - the victim, due to her physical or mental condition (young age, physical disabilities, mental disorder, other painful or unconscious state, etc.), could not understand the nature and significance of the actions committed against her or could not resist the perpetrator, and the latter, when engaging in sexual intercourse, was aware that the victim was in such a state (a helpless state during intoxication - if the degree of intoxication deprived the victim of the opportunity to resist the perpetrator or call for help).

Ended from the moment sexual intercourse begins, regardless of its consequences.

The subjective side is direct intent. subject – male (from 14 years old)

The difference between rape and compulsion to perform sexual acts. a) The objective side of coercion to acts of a sexual nature consists of coercion (and not the use or threat of violence), etc. Compel - force someone to take some action. Only coercion using blackmail, threats, destruction, damage or confiscation of property or using the financial or other dependence of the victim constitutes this crime.

b) The objective side of coercion to acts of a sexual nature consists in coercion not only to have sexual intercourse with a woman against her consent (rape), but also to sodomy, lesbianism or commit other acts of a sexual nature.

From violent acts of a sexual nature:

Rape is sexual intercourse between a man and a woman in its natural form, using physical or mental violence (threats) to the victim or other persons, or taking advantage of the victim’s helpless state (i.e., forced heterosexual sexual intercourse). Any other violent methods of satisfying sexual passion between a man and a woman (sodomy, lesbianism and so-called “other acts of a sexual nature”) entail liability under Art. 132 U K (violent acts of a sexual nature).

55.Depraved acts composition. Difference from sexual intercourse and other actions of a sexual nature with a person under 16 years of age.

Depraved acts are understood as such actions that are aimed at satisfying or arousing the sexual passion of the perpetrator or the sexual passion of a minor, but are not associated with the commission of sexual intercourse, sodomy, lesbianism or other acts of a sexual nature.

Depraved acts

The immediate object of the crime is sexual integrity, moral and physical development of minors.

The victim can be a person of any gender who is known to the perpetrator to be under the age of 16 years.

The objective side consists of committing depraved acts without the use of violence, which are understood as actions aimed at satisfying the sexual passion of the perpetrator or the sexual passion of a person known to the perpetrator to be under the age of 16, but not related to the commission of sexual intercourse, sodomy, lesbianism or other actions of a sexual nature.

Depraved acts include: masturbation, satisfaction of sexual desire with a person of the opposite sex through the mouth or rectum, using various surrogate forms - insertion of the penis between the mammary glands, squeezed thighs of the partner, demonstration of the naked genital organ to adolescents, touching the breasts or genitals with hands organs, including damage to the child’s hymen, sexual intercourse in the presence of a teenager, exposing children to pornographic products (postcards, photographs, drawings, videos, magnetic recordings and pornographic literature).

The subjective side is direct intent.

The subject of the crime is a sane individual who has reached the age of 18 years.

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When will a girl be punished if she commits violent acts?

Forced sexual acts between women and men, as well as between persons of the same sex, are punishable in accordance with Art. 132 of the Criminal Code of the Russian Federation. It talks about illegal acts of a sexual nature. If, for example, a person committed one forced sexual act in a traditional form, and a second in an unconventional form, then he will be punished under a combination of articles. In this case, it does not matter when qualifying the offense whether violent acts of a sexual nature occurred in the same time frame or different ones.

Note! Responsibility under Art. 132 of the Criminal Code of the Russian Federation is exactly the same as under Art. 131 of the Criminal Code of the Russian Federation. These rules provide for the same aggravating circumstances that affect the amount of punishment.

The difference between rape and sexual assault

If simple rape is a traditional sexual act with a woman against her will, then all other intimate crimes include acts of a sexual nature. First of all, they are associated with physical impact on the body, but without direct sexual contact.

If in case of rape the perpetrator is only a man who used violence or threats against a woman, after which he entered into a relationship with her, then in the case of other acts of a sexual nature, the attacker and the victim can be of the same gender, that is, the act can not only be heterosexual.

Most people consider a woman raping a man to be implausible and strange. Just 15 years ago, according to statistical data from investigative authorities, such a phenomenon was extremely rare. In 2003, the total number of men who were sexually assaulted was no more than ten percent. In 2012, the percentage of victims of such crimes among them was already more than 30%. About half openly stated that they had been raped by a woman.

Punishment for a crime under Art. 132 of the Criminal Code of the Russian Federation

People can be imprisoned for different terms for acts of a sexual nature depending on the crime. If they were committed by an organized criminal group or several individuals after developing a preliminary plan, they can be imprisoned for up to 10 years.

Punishment is also influenced by the consequences that were inflicted on the victim. Thus, if violent acts of a sexual nature resulted in the victim becoming infected with sexually transmitted diseases, the sentence could be up to 10 years in prison.

Severe sanctions are imposed for violent acts against a person under 14 years of age. The offender could be sentenced to 15 years in prison.

If the violence was committed by a person previously convicted of similar crimes against a child under 14 years old, then you can get up to 20 years. In some cases, the offender faces life imprisonment. To do this, the victim must be a minor, and his death must occur after the rape.

If the victim was in a helpless or unconscious state during the commission of violent acts, then the offender faces a prison sentence of 3 to 6 years in accordance with Part 1 of Art. 132 of the Criminal Code of the Russian Federation.

In the Resolution of the Plenum of the Armed Forces of the Russian Federation “On judicial practice in cases of crimes provided for in Articles 131 and 132 of the Criminal Code of the Russian Federation” dated June 15, 2004 No. 11, other actions of a sexual nature include, inter alia, forcing a woman to commit sexual intercourse by using violence or threats. The subject of this crime will be a legally competent male or female individual aged 14 or more.

Note! Thus, not only a man, but also a girl or woman can be imprisoned for an intimate crime.

What does the legislator mean by rape?

It would seem that we all know what is meant by rape. However, not everything is as simple as it seems at first glance. Rape is a crime against sexual freedom and personal integrity with clearly defined characteristics (circumstances), and for everything that is similar to it, there are separate articles.

The text of Article 131 of the Criminal Code of the same name will help you understand this issue. Its first paragraph provides a comprehensive description of the act.

The legislator recognizes as rape the commission of sexual intercourse against the will of a woman under the threat of violence or with its use in relation to her or another person, or by taking advantage of her helpless state. This is a crime, so to speak, in its purest form.

Further in the article, options with aggravating circumstances will be outlined, which transfer the crime from the category of grave to especially grave and directly affect the severity of the punishment.

However, even such a definition does not outline all the boundaries. Firstly, what is considered sexual intercourse? This is sexual intercourse that could potentially result in pregnancy.

Therefore, rape is always violence by a man against a woman. And that is why crimes against women are included in a separate article - such consequences in connection with violent acts of a sexual nature (Article 132 of the Criminal Code) are simply impossible. Article 132 of the Criminal Code will also include other violent acts in the sexual sphere against a woman.

Rape is considered a set of actions: sexual intercourse against the will of the victim and physical violence (beating, tying up, seizing, holding) or the threat of this against the woman herself or any “hostages” of the situation, whose fate is not indifferent to her.

The second formula is unwanted sexual intercourse and exploitation of the victim’s helpless state. Which action is in second place in the aggregate affects the length of the term, coupled with the consequences of the act.

There is no one of the specified actions - there is no rape, there is a crime under another article. Or, for example, attempted rape, if there was violence or its threat, but it did not lead to sexual intercourse.

Violence (real or potential) must be physical. This does not include cases where the pressure was mental and the victim had the opportunity to physically resist.

For the same reason, coercion into sexual intercourse by blackmail (for example, with a promise to pay debts or take a spouse) or cases where the rapist threatened the victim after committing the crime cannot be called rape.

Although, if the victim was deceived, for example, about the identity of the rapist (one of the twin brothers with whom she did not want contact), this is regarded as an inability to resist and also falls within the scope of Article 131 of the Criminal Code.

Also, the relationship between the victim and the rapist, as well as the woman’s previous behavior, do not matter for criminal prosecution.

As for the helpless state, it can be a physical illness or mental disorder, which does not leave the woman the opportunity to evaluate the nature of the actions performed on her. Children under 12 years of age are a priori considered helpless.

Alcohol, drug intoxication and everything like that also applies here. Moreover, it does not matter whether the victim reached this state on her own or was brought to it by the rapist or his accomplice.

From this point of view, a woman can also be convicted under this article, despite what was written above. Yes, sexual intercourse can only be heterosexual, but if a woman participated in the preparation of a crime or used physical violence (for example, gagging, holding hands, etc.), then she will face the same sentence as the direct rapist.

Features of violent actions

Violent acts of a sexual nature refer to an unnatural method for a person to satisfy his natural needs.

Such a crime poses considerable danger for the following reasons:

• victims, especially if they are men, do not contact the police because... are afraid of publicity or public condemnation and do not believe that the criminal will be punished;
• the consequences of such violent actions can not only cause physical harm to the victim, but also greatly affect his psyche.

In any case, the crime is considered completed from the moment the sexual intercourse begins, regardless of its completion in the physiological sense and the resulting consequences (clause 7 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 4, 2014 No. 16).

Tips for the injured party

The fact that a man finds himself a victim in the hands of a woman sharply reduces his self-esteem and does not allow him to look at women as a sexual object in the future. There are frequent cases of depression, prolonged cessation of sexual activity, sleep and appetite disturbances.

If you find yourself a victim of female violence, overcome your fears and contact forensic experts to record the consequences of the crime. Find possible direct or indirect witnesses to this crime, who could then give their testimony to the investigator or judge. File an application to initiate a criminal case under Art. 132 of the Criminal Code of the Russian Federation.

If you turn to our experienced lawyers for help, they will help you draw up a competent statement to the police, after which you will have a real chance to punish the woman for the crime she committed.

What does sexual assault include?

In Art. 132 of the Criminal Code of the Russian Federation provides for a number of specific signs that define an act as criminal. These actions must necessarily be accompanied by threats or the use of violence and include:

• violation of human freedom and sexual integrity. Any legal sexual intercourse and other intimate activities are always performed with the consent of the parties, taking into account the possibility of choosing a partner for this;
• threats or active violent actions aimed at sexually satisfying the whims of the offender. These include lesbianism (tribalism, safism) or sodomy, as well as obtaining satisfaction in the form of imitation without sexual intercourse;
• forcing a woman or man to engage in heterosexual sexual intercourse, that is, the absence of the victim’s consent.

Note! A criminal who has direct intent to commit violent acts of a sexual nature and is aware of the possible consequences of his actions can be a person who is over 14 years old, regardless of gender. That is why such a crime is divided according to the types of punishment established by the legislator.