Crimes of a sexual nature in the Russian Federation and liability under the Criminal Code of the Russian Federation

general information

The legislator took into account that sexual crimes can be aimed at:

• women;
• persons of both sexes;
• minors.

Any illegal act contains elements of violence or coercion. That is, the essence of the crime comes down to forcing a person to have sexual intercourse. This does not take into account the previously established relationship between the rapist and his victim.

Information: the maximum penalty for violating the law related to sexual inviolability reaches 20 years in prison.

Criminal acts of a sexual nature mean actions directed against a person’s sexual integrity. They are associated with effects on the physical body and disruption of the victim’s peace of mind. In addition, such violation of the law is often aggravated by:

• causing harm to health;
• infection with sexually transmitted and other diseases;
• molestation.

Attention: violation of the law on sexual grounds always involves physical contact between the offender and the victim.
The absence of such in the case of obvious depraved actions is classified under other articles of the Criminal Code. Download for viewing and printing: Article 22 of the Constitution of the Russian Federation

Chapter 18 of the Criminal Code of the Russian Federation

Violent acts of a sexual nature (Article 132 of the Criminal Code of the Russian Federation)

Art. 132 of the Criminal Code of the Russian Federation represents all sorts of other ways of satisfying sexual passion that are not rape. The law recognizes as such - sodomy, lesbianism, and other acts of a sexual nature. Thus, thanks to the criminal law norm under consideration, equal protection of sexual freedom and sexual integrity of citizens of both sexes is ensured, and the public danger of actions of a “sexual nature” is associated by law not with their “perversity”, but with a violent way of satisfying a person’s sexual passion, trampling on sexual freedom of another person, as well as his honor and dignity.

A mandatory feature of the objective side of the crime in question, like rape, is the use of physical violence or the threat of its use against the victim or other persons. The threat must be perceived by the victim as real.

Thus, in one of the criminal cases, precisely taking into account the fact that there were “violent indecent acts of a sexual nature,” the act of the perpetrator was qualified by the Presidium of the Supreme Court of the Russian Federation not as indecent acts (Article 135 of the Criminal Code), but under the more serious Article 132 of the Criminal Code of the Russian Federation .

general characteristics

The social danger of sexual harassment lies in the fact that the act is directed against established traditions legitimized in paragraphs of the Constitution and other acts. Sexual relationships are formed on the basis of morality, that is, a code developed by society over the centuries. Infringement on personal integrity has always caused condemnation among people.
The paragraphs of the Criminal Code do not contain norms regulating the order of sexual relations. They only describe actions that are unacceptable, both from a moral and legal point of view. They contradict the established and accepted traditions of people. The norms of the Criminal Code establish a ban on offenses that are abnormal within the framework of human society.

Concept

The elements of sexual morality established in society include the following:

• heterosexuality;
• voluntariness;
• partners reaching puberty;
• carrying out the act in a normal way;
• lack of close family ties between partners.

The legislator's description of criminal acts in the sexual sphere is based on specified norms. That is, actions that violate the moral principles common to humanity are considered illegal.

Definition: sexual offense is a crime aimed at the sexual and personal integrity of the victim.

General signs

A criminal offense is characterized by a combination of characteristics. Each is reflected in the corresponding paragraph of legislation. Thus, Article 131 of the Criminal Code of the Russian Federation provides a description of rape:

“Rape, that is, sexual intercourse with the use of violence or the threat of its use to the victim or other persons, or taking advantage of the helpless state of the victim...”.

From it, criminologists identify the following characteristics:

• object and subject;
• objective and subjective sides;
• compound.

For information: signs are divided into basic and optional.
Each is reflected in the articles of the Criminal Code. Download for viewing and printing: Article 131 of the Criminal Code of the Russian Federation

Signs of sexual misconduct

The act is directed against sexual integrity. Moreover, the articles of the Criminal Code contain various illegal actions, the objects of which are persons:

• exclusively female of any age;
• women and men;
• only minors.

The objective side is the active actions of the offender. They are directed against:

• sexual freedom;
• health: physical;
• spiritual.

Objective circumstances are recognized as the actions of the criminal, designed to bring him sexual satisfaction:

• sexual intercourse;
• touching intimate parts of the body;
• threats to force cohabitation.

The subjective characteristics of the crime are more blurred. The main motive is the expressed desire to receive satisfaction. However, intentions may be of a different nature: revenge, fulfilling an order from a third party, and the like.

Hint: all sexual offenses involve direct intent.

Classification

The paragraphs of the Criminal Code list criminal attacks and actions prosecuted in the Russian legal field. They are listed in the table:

Attention: the following persons are prosecuted according to the law for the crimes described:

• in general, from 16 years of age;

• from 14 under articles 131 and 132.

Download for viewing and printing:
Article 132 of the Criminal Code of the Russian Federation

Article 133 of the Criminal Code of the Russian Federation

Article 134 of the Criminal Code of the Russian Federation

Article 135 of the Criminal Code of the Russian Federation

What is included in Chapter 18 of the Criminal Code of the Russian Federation

First of all, it should be noted that Chapter 18 of the Criminal Code of the Russian Federation “Crimes against sexual integrity and sexual freedom of the individual” contains acts that can be divided into two groups:

1. Associated with open sexual violence or a real threat of its use;
2. Consisting of gross violation of legal moral norms by adults in relation to young persons:
   The first group includes rape (Article 131 of the Criminal Code of the Russian Federation), violent acts of a sexual nature (Article 132 of the Criminal Code of the Russian Federation), coercion to acts of a sexual nature (Article 133 of the Criminal Code of the Russian Federation).
3. The second group consists of sexual intercourse and other actions of a sexual nature with a person under 16 years of age (Article 134 of the Criminal Code of the Russian Federation) and indecent acts (Article 135 of the Criminal Code of the Russian Federation).

Further, I would like to briefly note the main features, features of the above types of criminal acts and possible, most common problems of qualification of these crimes, indicating the key components of this qualification, when applied in practice and when paying due attention to which, a lawyer can achieve the reclassification of the actions of his client to less serious crimes of the specified chapter of the criminal code, and sometimes the termination of the criminal case.

How are they investigated?

The classification of violations of the law on sexual grounds is carried out based on the totality of data on the act. To determine a criminal offense, only a statement from the victim (or his parents) is not enough. The main evidence for the prosecution and trial is the medical examination of the victim. Attention: an important element of the evidence base is the testimony of witnesses.

Forensic-medical examination

The victim of violence must be examined. It is carried out by gynecologists. Analysis of the state of the body allows you to quite accurately determine:

• whether the act was committed;
• whether it was the result of violence;
• whether the victim was subjected to physical violence;
• other.

During the research, tests are taken from the victim's vaginal area. Sperm remain in its mucous tissues for up to five days. This material provides the basis for identifying the rapist by blood type. In addition, the expert examines the victim's body. It leaves bruises and abrasions (sometimes bites and scratches). All this proves the violence of the act.

For the record, another important element of evidence collection is examining the crime scene. Microparticles of blood, semen, saliva and other secretions remain on surfaces.

What is sexual freedom and integrity?

Freedom in the sexual sphere in the Constitution of the Russian Federation means the right of an individual to choose a partner at his own discretion. Any compulsion to act does not comply with the law. Thus, any person has the right:

• independently determine with whom to communicate;
• receive assistance from the law enforcement system in protecting your integrity.

Attention: a special place is given to the inviolability of persons who have not reached puberty. Communication with them, even on a voluntary basis, is considered a criminal offense.

Freedom from the perspective of law

An attack on a person's sexual integrity leads to serious consequences. The victim of coercion suffers from physical violence. At the same time, she is inflicted with a mental wound, which is much more difficult to heal. Therefore, people are protected within the framework of criminal law from criminal attacks on their integrity. Any actions in this area are subject to legal prosecution.

Sexual integrity of minors

In the paragraphs of the Criminal Code, criminal actions are differentiated by activity and result.
Thus, an act against an adult that leads to sexual intercourse is punishable. Child molestation is described quite differently. Thus, a criminal offense is one in which the offender committed violence against a minor that did not result in intercourse. These are described as follows:

• touching or exposing intimate parts;
• obscene gestures and words;
• inclination to masturbation or masturbation.

Important: the essence of the act is to obtain satisfaction or arouse an unhealthy interest in a minor.

Specifics of the child's status

Paragraphs 134 and 135 of the Criminal Code describe the acts of adult criminals against children who have not celebrated their 16th birthday (within parts 1, for the rest - victims under 14, but over 12 years old). The legislator made the age distinction based on medical indications. So, according to statistics, until the age of 16, young people have not yet reached maturity, that is, the ability to reproduce without compromising their health.

And this is also associated with mental instability in relation to abnormal actions of adults. That is, the teenager suffers much more deeply from violence. The consequences of a crime are felt by the victim for the rest of his life.

For information: more than two thirds of offenders punished for sexual assault suffered from childhood abuse from adults.

Composition of a crime against a child

Within the framework of the above paragraphs of the Criminal Code, any indecent acts with children under 16 years of age are punishable. The object of the criminal offense is the sexual integrity of the child, as well as his physical and mental health.
The subject is a 16-year-old person of any gender. A subjective sign is the presence of intent. Most often it lies in the desire to achieve satisfaction. But there may be other options. The objective side has a complex design. So, active actions can be:

• physical, even violent;
• moral pressure;
• seduction;
• coercion through blackmail and others.

Hint: a criminal offense is considered completed from the moment the debauchery begins. Intellectual actions that have corresponding intent are also recognized as such.

Incitement to actions of a sexual nature (Article 133 of the Criminal Code of the Russian Federation)

The criminal act in this case consists of forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature. The law specifies the following as the main methods of coercion:

• blackmail;
• threat of destruction or damage to property;
• use of the financial or other dependence of the victim (victim).

An important point that I would like to note, and which may be useful to a practicing lawyer, is the fact that the action of a person who seeks the consent of the victim (victim) to enter into sexual intercourse with him indirectly - through appropriate psychological pressure on her spouse, relative, etc., using his financial or work dependence.