In our country, the category of sexual crimes has come a long and difficult path. Of course, the most common crime of a sexual nature is rape. It was present in criminal legislation even under Peter the Great. A fundamental innovation in Russian jurisprudence was the appearance of Article 132 in the criminal code of our country.
Violent acts of a sexual nature (hereinafter referred to as VASA) are prosecuted by law. For some time now, these acts have become a separate type of violation of the law. There is now a line between sexual assault and rape. How these concepts differ and what punishment is provided is described in this article.
What is the difference between assault and rape?
Forcible sexual acts were previously included in the “rape” category. But now there are limits to encroachment. Rape is a traditional sexual act involving violence against a woman, that is, committed against her will. Acts of a sexual nature are all other forms of violence. They are mainly associated with physical impact on the body, but in this case there is no direct sexual intercourse. There are two main points that characterize rape:
- the criminal is only a man, and the victim is a woman;
- it is considered as such if the man used violence or threats against the victim and then performed direct vaginal penetration.
In violent acts, perpetrators and victims can be of any gender. And the contact can be not only heterosexual.
Composition of the crime
Let's consider the key aspects of violent actions that create the elements of a criminal offense.
The object is sexual relationships and independence. Any citizen is given the freedom to choose a sex partner, and no one has the right to force him to have intimate relations without obtaining voluntary consent. In the group of aggregate objects of crime, one can highlight dignity and honor, psychological development (if we are talking about minors), health and life when particularly serious forms of violence occur.
Objective form - the actions of an attacker aimed at indulging his sexual needs, satisfying them in an unnatural way.
Subject is any capable citizen over 14 years of age.
The subjective form is premeditation: direct intent can always be traced in the actions of the attacker.
The crime is defined as having occurred from the moment of the violent sexual act of the accused towards the victim.
Important! Children are not given freedom of sexual choice. This right appears only after overcoming the 16th birthday threshold.
Features of violent actions
Sexual acts with the use of violence are a surrogate or unnatural method of satisfying one’s natural needs. Moreover, committed through threats and violence. NDSH are very dangerous for two reasons:
- victims do not contact the police because they do not believe that the offender will be punished, or because they are afraid of public condemnation or publicity;
- the consequences of NDSH can not only cause harm physically, but also have a strong emotional impact and harm the psyche.
Difficulties of qualification
Considering that the specifics of the crimes are very unusual, difficulties may arise in distinguishing violent acts of a sexual nature from similar atrocities.
Features for the accused
A crime implies the fact of violent actions against the wishes of the victim, so the difficulty of qualification can occur in cases where the subject is a group of individuals.
It is quite possible that the victim agreed to voluntarily engage in unnatural sexual relations with one or more suspects, and other members of the group committed violent acts taking advantage of the situation.
In this situation, a detailed consideration of all the nuances of the case will be required. If the group members with whom the victim had sexual intercourse did not voluntarily help others commit violent acts by intimidating, restraining or coercing the victim, then the characteristics of the crime are absent.
In cases where the accused forced the victim to give consent to engage in same-sex relations or other acts of a sexual nature by threatening to damage/destroy property or disclose confidential information, no signs of a crime under Article 132 of the Criminal Code of the Russian Federation are formed.
Features for the victim
Here, the difficulty of qualification may relate to crimes committed against citizens under the age of majority. If the victim is under 16 years of age and has given consent to intimate intimacy, there will be no signs of a crime under Article 132 of the Criminal Code.
In this case, the suspect must be charged under Article 134 of the Criminal Code of the Russian Federation - intimate relationships or other acts of a sexual nature with a person under 16 years of age. On the other hand, the teenager may be intimidated or tricked into agreeing.
There are often difficulties with defining lesbianism. Many believe that such opportunities are possible only by mutual consent of the partners. Therefore, if phallic or other objects were not used to carry out the act, it will be difficult to prove the fact of violent actions.
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Article 132 of the Criminal Code of the Russian Federation “Violent acts of a sexual nature”
Article 134 of the Criminal Code of the Russian Federation “Sexual intercourse and other actions of a sexual nature with a person under sixteen years of age”
Circumstances
What is meant here is not the surrounding atmosphere, but the nature of the actions performed.
For example, if the victim was intentionally inflicted with grievous bodily harm, the act will be classified separately by adding up the crimes committed. The scope of the article provides for violent actions committed with particular cruelty. This term refers to bullying of the victim, the purpose of which is to inflict moral suffering. This factor in the crime is determined after studying all the circumstances of the case. If mockery occurred after the commission of a crime, it should be classified separately.
What is included in sexual assault?
The law has a set of specific characteristics that make an act criminal. They are necessarily accompanied by violence and threats of its use. The NDSH includes:
- Violation of sexual integrity and human freedom. That is, sexual intercourse must be performed by mutual consent and with the opportunity to independently choose a partner and forms of sex.
- Active violent actions of the offender (or threats) that were aimed at his sexual gratification. This can be sodomy, lesbianism (tribalism, safism) or other actions of a sexual nature (obtaining satisfaction without sexual intercourse: imitation, masturbation, etc.).
- Forcing a woman to engage in heterosexual sexual intercourse.
- When committing NDSH, the offender had direct intent and was aware of the possible consequences of his act.
- Only a person over 14 years old can be a criminal. Regardless of gender.
Varieties
Violent acts of a sexual nature fall under Article 132 of the Criminal Code of the Russian Federation. The types of such acts are clearly identified here and can be divided into three categories.
- sodomy - forced sexual intercourse between men, committed by penetration of the perpetrator into the anus of the victim;
- lesbianism is a special form of homosexuality committed by women in relation to representatives of the same sex: contact with the genitals, imitation of the act of intercourse;
- other actions - this includes any form of sexual activity with the exception of rape and homosexual contacts.
Important! If same-sex sexual contact or unnatural forms of intercourse occur by mutual agreement of the partners, the elements of a crime are not visible.
The severity of the consequences of the crime
Acts of a sexual nature not only cause emotional harm to the victim. There are also physical consequences, which are punished depending on the severity:
- Infection with venereal diseases that can be cured (Article 132 of the Criminal Code, clause “B”, part 2). This is a prison term of 4 to 10 years with a possible suspended sentence of up to two years.
- Causing serious harm to health or contracting HIV infection, AIDS and other incurable sexually transmitted diseases, even if they cause great harm to health in a short period of time (syphilis). Serious consequences also include incitement to suicide, resulting infertility or impotence (Article 132 of the Criminal Code, paragraph “B”, part 3). This is a prison term of up to 15 years.
- The death of the victim caused by sexual assault (Article 132 of the Criminal Code, paragraph “A”, part 4). This is a prison term of 12 to 20 years. At the same time, it is prohibited to work in specific positions or perform certain activities for a period of up to 20 years. Plus a possible additional conditional restriction of freedom for up to 2 years.
Punishment
The most severe sanction is provided for in Part Five - up to life imprisonment in relation to the guilty person.
The object of this behavior coincides with rape, since as a result of the use of illegal coercion, the sexual freedom and sexual integrity of the victim are violated. In addition, if the injured person was a minor citizen, the interests of the mental and physical development of children are considered as an additional object.
The key difference from rape, as a homogeneous crime, is the absence of sexual intercourse between a man and a woman. This characterization is not aimed at a negative legal assessment of specific sexual manifestations (sodomy or lesbianism), but only emphasizes the illegality of using various forms of coercion for such behavior.
Subjects who have reached the age of 14, both men and women, can be subject to criminal prosecution. In addition, a special subject of this type of offense may be a person who persuaded persons who are not subject to criminal prosecution (for example, insane persons) to commit a crime. In this case, we are not talking about complicity; the legislator provides for liability for direct harm to the victim.
The most severe sanction is applied for committing violent acts of a sexual nature against persons under the established age of 14 years, for guilty subjects who have an unexpunged or outstanding conviction for a similar unlawful violation. In this case, the culprit faces imprisonment for a term of fifteen to twenty years, or life imprisonment.
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Dmitry Leonov
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Attempted violence
If sexual intercourse is committed against a woman without her consent using threats, physical force, or a helpless state, such an act will be classified as rape. The punishment for it is provided for in Article No. 131 of the Criminal Code.
Violent acts of a sexual nature, but not related to rape, are regulated under Article 132. Coercion to commit sexual intercourse can be carried out using physical or psychological pressure. The corpus delicti will be established only when criminal purposes are carried out.
If the attacker himself made the decision to stop the illegal act, no punishment will be applied to him. But if the criminal plans were prevented from being carried out by factors beyond the control of the attacker, then such an act will be classified as attempted rape. The Criminal Code regulates a similar situation under Article No. 30. It provides for liability for preparation and attempted rape. An example of such a situation is when the victim of a rapist breaks free and runs away.
Difference between attempted and committed rape
Attempted rape is regulated by Articles 131 and 132. The determining factor in qualifying a criminal act is proof of intent to rape the victim. The most common method of defense that the defendant chooses in such a case is to convince the court that, by carrying out such actions, he wanted to joke. If malicious intent is proven, then the attacker cannot escape punishment for committing a crime of a sexual nature.
Attempted rape differs from the actual crime committed by the maximum sentence imposed for each crime. In accordance with Article 66 of the Criminal Code, the maximum sentence for attempting to commit a crime cannot exceed ¾ of the maximum term that can be imposed for the actual unlawful act.
If, according to the first part of Article 131, the most severe punishment is 6 years, then the maximum punishment that a court can impose for attempted rape, without aggravating circumstances, is 4.5 years in prison.
Compound
The measure of suppression of any unlawful act is selected in accordance with the composition. A crime of this type is considered completed at the moment when a mental influence was exerted on the victim, regardless of whether the coercer ultimately achieved his goal or not, that is, the corpus delicti is formal. The object is sexual integrity (when committed with a minor), the way of sexual relations, sexual freedom. If financial dependence was used during coercion, the court needs evidence of the existence of dependence.
The objective side is the provision of mental influence on the victim in order to obtain consent to sexual acts (intercourse, lesbianism, sodomy, etc.). The methods may be different, but a prerequisite is that the victims perceive the threats as real. The subject is a woman or man who has reached 16 years of age and is of adequate age.
The subjective side is direct intent, which means the guilty person has a clear awareness of the results of the actions by which he achieves his goal. In this case, there can be no question of unconscious actions - the offender acts completely consciously and intentionally.
The goal of the perpetrator may be to independently engage in sexual intercourse with the victim, or he forces the victim to have intercourse in the interests of a third party. The third person is outside the composition, that is, if he is not an accomplice, instigator or organizer, then he is not subject to criminal prosecution.
In order to initiate an investigation into coercion into sexually motivated behavior, the following is required:
- The target of harassment (object), to whom claims were announced in various forms, inducing sexual intercourse.
- Threatening statements or other behavior that violates an individual's civil rights.
- A subject over 16 years of age who made a statement against another person, threatening him or her if he refused intercourse.
If the listed components are present, confirmed by evidence, a criminal case will be opened and an investigation will begin, which will result in a court verdict. When determining a preventive measure, the decisive factor is the age of the victims.
