The concept, causes, forms and types of violence - definition in psychology. Consequences of violence in adults. Prevention and rehabilitation

Violence concept

In a broad sense, violence can be defined as a forced influence on someone: insult, humiliation, use for one’s own purposes, etc. The purpose of any violence is to suppress the will and personality of the victim.

There is no single definition of violence in psychology, so we will use one of the most complete (author I.M. Ponomareva): “Violence is the use by an individual or a social group of various forms of coercion (up to armed force) with the aim of acquiring or maintaining political, economic, psychological dominance , conquest of any rights and privileges.”

Children in schools and kindergartens, politicians and company executives, husbands and wives, parents, and random passers-by resort to violence. We will not consider cases from psychiatry or talk about maniacs. We will look at the tendency to violence from a psychological point of view. Although this pattern of behavior in itself is abnormal, it is worth noting that it also occurs in clinically healthy people. Let's look at the forms and types of violence popular in everyday life, their causes and consequences.

The concept of “violence” in the criminal law of the Russian Federation

 The issue of defining the concept of violence is debatable, despite its presence in criminal law for a long time. “However, it should be noted that, despite the frequent mention of the concept of “violence” in the Criminal Code of the Russian Federation (in 49 articles of the Special Part of the Criminal Code of the Russian Federation)” [4], this definition is not directly enshrined in law, which is a significant gap in the criminal legislation of the Russian Federation.

If we evaluate the concept of violence from the point of view of language, it is, firstly, a word used in our everyday life to designate any actions, and it is understandable to the society in which it is pronounced; secondly, it is a scientific term filled with specific content and used in a certain branch of knowledge. The absence of a definition of the concept of violence and violent actions in the Criminal Code of the Russian Federation necessitates turning to the lexical meaning and doctrinal interpretation of the term “violence”.

In Russian, the word “violence” is interpreted in different ways. Thus, in V.I. Dahl’s dictionary, violence is understood as “coercion, captivity; the action is embarrassing, offensive, illegal, self-willed” [6]. “The encyclopedic dictionary of F. A. Brockhaus and I. A. Efron gives the following formulation: “violence is the illegal use of force against the person of the victim, forcing him to do or not do something, to experience or endure something. Violence can be mental or physical; the first is most often expressed in the form of a threat. Violence can be a means to commit another crime (for example, robbery, assault, rape, infringement on freedom); then it becomes part of the latter and is absorbed by it. In general, violence is an additional concept, created in case other criminal legal concepts are not applicable.

The draft of the new criminal code considers “intentional striking” to be the main form of violence, as an independent crime, considering it in the same chapter as bodily injury” [2]. We can find approximately the same explanation in the Dictionary of the Russian Language by S.I. Ozhegov: “1. Using physical force on someone (an act of violence/marks of violence on the body). 2. Forced influence on someone, violation of personal integrity (violence against a person). 3. Oppression, lawlessness (arbitrariness)” [11]. A similar interpretation is given by the Big Explanatory Dictionary of the Russian Language: “Violence - 1. The use of brute physical force or moral pressure. 2. About unnatural influence on something” [9].

“In the generally accepted sense, violence is understood as the unlawful use of force, forced, that is, against the will of another person, influence on him” [3]. In explanatory dictionaries edited by other authors, the definition of violence has a similar, although slightly different meaning.

Violence is the universal and most dangerous way to commit a crime. Based on the analysis of legal literature, three approaches to defining the concept of violence can be roughly distinguished.

The first approach is to interpret the term narrowly. V. I. Simonov, V. G. Shumikhin consider it as “a method of committing a crime and define it as the conscious use of physical force to violate the bodily integrity of another person in addition to or contrary to his will or the threat of committing violent acts” [15]. The second approach is a more expanded understanding of this category. L. D. Gaukhman refers to physical violence as “an unlawful influence on the body of another person, including the influence on a person by introducing toxic, potent substances into his body in any way, respectively, to the threat of violence - an impact on the mental sphere of the human body, expressed in intimidating him with the use of physical violence” [5]. This point of view is reflected in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery”, according to which “in cases where, for the purpose of stealing someone else’s property, the victim’s body is against his will or by deception, a potent, poisonous or intoxicating substance dangerous to life or health was introduced with the aim of bringing the victim into a helpless state, the act must be qualified as robbery. If, for the same purpose, a substance that does not pose a threat to life or health is introduced into the victim’s body, the act should be classified, depending on the consequences, as robbery combined with violence” [1].

Sharapov R.D., sharing the point of view of L.D. Gaukhman, says in his monograph that “violation of social relations, “ensuring the inviolability of a person’s most valuable personal benefits: life, health, personal freedom... is possible only by actually causing physical harm to another to a person. At the same time, it is not of fundamental importance for assessing an act as criminal, in what form the perpetrator exercised physical influence on the victim” [17]. Another approach is to broadly understand violence as both physical and mental impact on another person. L.V. Serdyuk believes that “mental violence is defined not only in the form of threats, but also in the form of other unpleasant information for a person that can cause him mental trauma or limit his freedom of will (insult, slander, other information that is traumatic to the psyche). Mental violence also includes methods of unlawful influence directly on a person’s brain in order to change its functions against or against the will of the victim (electronic brain stimulation, one-time injection of drugs into the human body, hypnosis, etc.), if this does not affect the person’s health” [14] .

In the legal scientific and educational literature of recent years, many author's definitions of the concept of “violence” have been proposed. For example, O. L. Kraineva insists on the need to legislate the criminal legal concept of violence in the following wording: “Violence should be understood as a deliberate, socially dangerous and illegal influence carried out by a person (people) on the body and (or) psyche to achieve their goals another person (other people) or animal (animals), as a result of which harm is caused (or a real threat of such harm is created): 1) life, health, honor, dignity and other rights and freedoms of another person (other people), guaranteed by the Constitution Russian Federation and protected by criminal law; 2) life, health and physical freedom of animals (unless these animals pose a threat to the vital interests of humans or their extermination and capture are not caused by fishing carried out on the basis of legal requirements, and keeping in captivity is due to the need for their scientific study and (or) breeding )" [8]. Podgainy A. M. proposes to define “violence” as “external (that is, from other persons), real and present, characterized by a certain volume and intensity, intentional, socially dangerous and illegal physical or mental influence on a person (group of persons), carried out against or against the will and capable of causing organic, physiological or mental harm, limiting freedom of behavior” [12]. Radosteva Yu. V. understands violence as “a deliberate, socially dangerous unlawful influence on the human body, carried out against or against the will of the victim, aimed at violating physical and mental integrity” [13]. R.D. Sharapov defines violence as “a criminal attack on a person’s personal safety in the form of deliberate unlawful infliction of physical or mental harm to the victim against (against or in addition to) his will through energy (physical) or informational (mental) influence on the body (organs, tissues, physiological functions, psyche) of a person” [16]. S. N. Zolotukhin says that “violence in itself is inherent in any society, although the forms of its manifestation and the level of prevalence in a specific situation and in specific social relations may be different, depending on the prevailing social conditions” [7].

It should be noted that a separate attempt to consolidate this concept at the legislative level was in the draft Federal Law “On the Fundamentals of Social and Legal Protection from Domestic Violence”, where in Art. 4, domestic violence was proposed to be defined as “any deliberate action of one family member against another, if this action infringes on the constitutional rights and freedoms of a family member as a citizen, causes him physical pain, and causes harm or contains a threat of harm to his physical, mental health, and also the mental, physical or personal development of a minor family member” [10].

Of all the above definitions, we think the most logical and complete is that of A. M. Podgainy [12], since it reflects all the signs of violent crimes, but at the same time is not overloaded with unnecessary information, such as, for example, the definition proposed by O. L. Kraineva [8].

Literature:

1. On judicial practice in cases of theft and robbery (Articles 158, 162 of the Criminal Code of the Russian Federation): Resolutions of the Plenum of the Supreme Court of the Russian Federation No. 29 of December 27, 2002 [Text] // Russian newspaper. - 2003. - No. 9.
2. Brockhaus, F.A., Efron, I.A. Encyclopedic Dictionary. - St. Petersburg. - 1897. - T.40. — 586 p.
3. Burkina, O. A. The concept and types of violence in crimes against property in the theory of criminal law in Russia [Text] / O. A. Bukina // Gaps in Russian legislation. Legal journal. — 2014. — No. 3. — P. 6 -13.
4. Galyukova M.I. Responsibility for violence under the criminal legislation of Russia // Bulletin of the Samara Humanitarian Academy. Series "Law". 2009. No. 1 (5). pp. 73–76.
5. Gaukhman L.D. Violence as a means of committing a crime. - M. - 1974. - P. 75–76.
6. Dal, V.I. Explanatory dictionary of the living Great Russian language. - M. - 1984.- 545 p.
7. Zolotukhin, S. N. Causal complex of factors causing intra-family violence: study. allowance. Chelyabinsk. - 2007. - 121 p.
8. Kraineva O. L. Criminological characteristics of forms of criminal violence: abstract. dis…. Ph.D. legal Sciences: 12.00.08. Saratov, 2009. 30 p.
9. Kuznetsov, S. A. Large explanatory dictionary of the Russian language. - St. Petersburg. - 2000. - 599 p.
10. Moshkov, D. S. The problem of defining the concept of violence in the doctrine of Soviet and Russian criminal law. [Text] / D. S. Moshkov // Gaps in Russian legislation. Legal journal. - 2010. - No. 3. - P. 189–192.
11. Ozhegov, S.I. Dictionary of the Russian language. M., 1983. P. 330.
12. Podgainy A.M. Criminal-legal characteristics of criminal violence: theory and practice: abstract. dis…. Ph.D. legal Sciences: 12.00.08. M., 2007. 21 p.
13. Radosteva Yu. V. The criminal legal concept of violence: abstract. dis…. Ph.D. legal Sciences: 12.00.08. Ekaterinburg, 2006. 32 p.
14. Serdyuk L.V. Mental violence as a subject of criminal legal assessment by an investigator: a textbook. - Volgograd, 1981. - P. 15. 39.
15. Simonov V.I., Shumikhin V.G. Criminal violence: concept, characteristics and qualifications of violent attacks. - Perm, 1992. - P. 17.
16. Sharapov R. D. Violence in criminal law: Concept, qualification, improvement of the mechanism of criminal legal prevention: abstract. dis…. dr. legal Sciences: 12.00.08. Ekaterinburg, 2006. 41 p.
17. Sharapov R.D. Theoretical foundations of qualification of violent crimes: monograph. - Tyumen, 2005. - P. 8.

Types and forms

In psychology there is no single classification of types of violence. I propose to consider typologies based on the nature of violent actions and location.

Depending on the nature of the action, violence can be psychological, physical and sexual. Let's look at each type in more detail:

1. Psychological violence is actions aimed at humiliating, insulting, ridiculing, mocking a child or adult. This type is sometimes called emotional abuse.
2. Physical violence is the intentional infliction of physical harm. An authoritarian parenting style with corporal punishment can also be classified as physical abuse.
3. Sexual violence is sexual gratification with the help of another person, but against his desire. The victim is physically or psychologically unable to fight back or, due to the peculiarities of his development, does not understand the nature of the aggressor’s actions. Coercion and inducement to sexual intimacy under threats is also sexual violence.

Depending on the location of events, violence can be family, school, social, or work:

1. Family violence is psychological, physical or sexual violence against a child or adult in the family. In this case, physical and psychological violence are often combined. The purpose of domestic violence is to intimidate, instill a sense of fear, and gain control over the victim. Some parents try to achieve respect for their authority, and some spouses try to gain respect for their partner.
2. School violence (bullying) is physical or psychological violence between children or between teachers and students. The direction of the relationship is different: violence of children against the teacher, violence of the teacher against students, humiliation of one child by classmates, violence of one student against another (others).
3. Violence at work (mobbing) is often psychological violence in the form of insults, withholding information, misinformation, gossip, and pressure. Occurs between employees or employees and management.
4. Social and domestic violence - psychological, physical or sexual violence from strangers or unfamiliar people on the street, in transport and other public places.

As we see, violence, by the nature of its actions, does not depend on the location and can belong to any category. As for the forms of violence, they tend to infinity (whatever the imagination of the aggressor is enough for). Popular forms include shouting, insults, beating, kicking, pushing, slander, and damage to property.

Question No. 6. violence and its types

Question No. 5. optional signs of the objective side.

For their legal meaning, see the topic of corpus delicti.

A crime scene is the area where a crime specified in the law was committed. The crime scene allows you to choose the law of the state under which you will be prosecuted; In some cases, the crime scene allows us to determine the stage of the crime.

The time of crime is the chronological period during which the crime is committed, specified in the law. Allows you to select the law that should apply.

Means and instruments of committing a crime.

Tools are objects of the external world with the help of which a person influences the subject of a crime or the victim.

Means are tools or physical processes that are used by the criminal to influence the subject of the crime or the victim.

The method of crime is a set of techniques and methods by which a crime is carried out, specified in the law.

The situation is the totality of circumstances under which a crime is committed. specified in the law.

In law, the most common weapon of crime is a gun.

A weapon is a device and objects that are structurally designed to destroy a living or other target. You can add: and having no other economic purpose.

Types of weapons - law “On Weapons” of November 13, 1996. (independently).

The most common method specified in the law is the violent method.

Violence is a socially dangerous, unlawful influence on a person’s body or psyche against or against his will.

There are two types of violence (according to the object and method of violence):

1. physical , that is, the impact on the human body or non-informational impact on the human psyche (introduction of potent substances into the human body).

2. mental , that is, informational impact on the human psyche. One type of mental violence is hypnosis.

Hypnosis is a mental state associated with special changes in consciousness, in which unconscious mental processes become as controllable as possible. The state of hypnosis is an irresistible force for most people.

Physical violence (according to the method of influence on a person) can be:

A) impact on the external integument of a person

B) by introducing harmful substances into the human body, that is, affecting internal organs, bypassing external ones.

The first type of violence is punishable in three cases:

1. its application (the act itself).

2. when its use caused harm to life and health (Article 105).

3. if it was a way to achieve another criminal goal.

Violence of the second type is punishable in the second and third cases. But the second incident of violence can be considered as force majeure.

Physical violence of any kind is divided into two types according to the degree of danger:

1. violence dangerous to life and health . This includes:

a) causing serious harm to health (Article 111);

b) harm to health of moderate severity (Article 112);

c) any harm to health associated with short-term health disorder (up to 21 days) or minor permanent loss of general ability to work (up to 10%);

d) violence that did not entail any consequences, or that resulted in consequences in the form of bruises and abrasions, but at the time of its infliction created a danger to life.

2. violence not dangerous to life and health : beatings, torture, physical restraint and other infliction of physical pain, as well as causing minor harm to health not accompanied by short-term health problems and loss of general disability.

Question No. 5. optional signs of the objective side.

For their legal meaning, see the topic of corpus delicti.

A crime scene is the area where a crime specified in the law was committed. The crime scene allows you to choose the law of the state under which you will be prosecuted; In some cases, the crime scene allows us to determine the stage of the crime.

The time of crime is the chronological period during which the crime is committed, specified in the law. Allows you to select the law that should apply.

Means and instruments of committing a crime.

Tools are objects of the external world with the help of which a person influences the subject of a crime or the victim.

Means are tools or physical processes that are used by the criminal to influence the subject of the crime or the victim.

The method of crime is a set of techniques and methods by which a crime is carried out, specified in the law.

The situation is the totality of circumstances under which a crime is committed. specified in the law.

In law, the most common weapon of crime is a gun.

A weapon is a device and objects that are structurally designed to destroy a living or other target. You can add: and having no other economic purpose.

Types of weapons - law “On Weapons” of November 13, 1996. (independently).

The most common method specified in the law is the violent method.

Violence is a socially dangerous, unlawful influence on a person’s body or psyche against or against his will.

There are two types of violence (according to the object and method of violence):

1. physical , that is, the impact on the human body or non-informational impact on the human psyche (introduction of potent substances into the human body).

2. mental , that is, informational impact on the human psyche. One type of mental violence is hypnosis.

Hypnosis is a mental state associated with special changes in consciousness, in which unconscious mental processes become as controllable as possible. The state of hypnosis is an irresistible force for most people.

Physical violence (according to the method of influence on a person) can be:

A) impact on the external integument of a person

B) by introducing harmful substances into the human body, that is, affecting internal organs, bypassing external ones.

The first type of violence is punishable in three cases:

1. its application (the act itself).

2. when its use caused harm to life and health (Article 105).

3. if it was a way to achieve another criminal goal.

Violence of the second type is punishable in the second and third cases. But the second incident of violence can be considered as force majeure.

Physical violence of any kind is divided into two types according to the degree of danger:

1. violence dangerous to life and health . This includes:

a) causing serious harm to health (Article 111);

b) harm to health of moderate severity (Article 112);

c) any harm to health associated with short-term health disorder (up to 21 days) or minor permanent loss of general ability to work (up to 10%);

d) violence that did not entail any consequences, or that resulted in consequences in the form of bruises and abrasions, but at the time of its infliction created a danger to life.

2. violence not dangerous to life and health : beatings, torture, physical restraint and other infliction of physical pain, as well as causing minor harm to health not accompanied by short-term health problems and loss of general disability.

Causes of violence

The rapist craves power. He wants to assert himself, to rise by humiliating the personal dignity of the victim. According to Freud, the world is ruled by hunger, sex and the thirst for power. These are the basic needs that determine the activity of the individual. But for some people, the thirst for power turns into a pathological desire to dominate.

The cause of violence can be any trifle: an accidental push in transport, the “wrong” color of a sweater, any action that does not meet the expectations of the aggressor. You cannot name all situations and reasons. But we can distinguish two main mechanisms or ways of developing a propensity to violence: frustration of basic needs and social learning. Let's take a closer look at both mechanisms:

1. The theory of unsatisfied basic needs as the cause of violence belongs to Freud. The psychoanalyst believed that unmet needs for food, water, safety, sex, communication, self-esteem, esteem, belonging contribute to the accumulation of energy and increased tension. The body and psyche require relaxation. Aggression and violence are a primitive way to relieve tension. I would like to note that in this case, basic needs are considered not as primary, but as characteristic of every person. Of course, according to Maslow's pyramid, the need for self-esteem or belongingness is at a higher level than food.
2. The theory of social learning of violence belongs to A. Bandura. The psychologist experimentally and through observation determined that violence as a pattern of behavior is internalized by their families, the media, culture and subcultures of society. Moreover, this behavior is formed not through punishment and reinforcement, but on the basis of imitation and identification, imitation of a significant person.

In some cases, the first and second mechanisms act together. For example, when a child witnesses domestic violence between parents. He both suffers from frustration and learns a pattern of relationships. Later, such children show aggression towards weaker children, people or animals.

Consequences

The consequences of violence are immediate and long-term. Immediate consequences include:

• injuries;
• concussion;
• loss of consciousness;
• nausea and other deterioration of health;
• mental disorders that force, in response to aggression, to run, hide, freeze, “turn off” emotions, or respond with aggression.

Feelings of anxiety, fear, and anger gradually increase. Often the victim develops depressive tendencies and a feeling of inferiority. Long-term consequences also include somatic illnesses, personality disorders, developmental delays, social difficulties (for example, inability to build long-term relationships).

Rehabilitation

Violence turns into psychotrauma. It is impossible to cope with it and post-traumatic syndrome on your own. You should definitely visit a psychologist.

For rehabilitation, it is not enough to eliminate the incidents of violence themselves, the impact itself. It is necessary to eliminate traumatic memories and experiences associated with what happened. It is important to give vent to the victim's feelings. Reactions vary from person to person, but are common:

• fear;
• negation;
• shock from the feeling of a hopeless situation or failure to accept alternative solutions;
• feelings of guilt and helplessness;
• anger;
• mistrust;
• inconsistency;
• depressive and suicidal tendencies.

Rehabilitation takes place in stages: working with thoughts, emotions, behavior. To correct the condition, individual or group therapy is used (not all victims can or want to work in a group).

During psychotherapy the following tasks must be solved:

1. Identify problems associated with violence.
2. Help the client gain access to their own resources.
3. Regain a sense of security and control.
4. Identify and strengthen the client's strengths.
5. Achieve complete or maximum self-acceptance.
6. Adjust self-esteem.
7. Determine the victim's share of responsibility. Determine how to avoid this in the future.
8. Restore the integrity of the individual.
9. Help integrate into society, restore social connections.

For individual work, cognitive behavioral therapy, gestalt therapy, psychodrama, art therapy, and body-oriented therapy are used. Read more about each method of psychotherapy in the article “Types of psychotherapy and their brief description.”

Group psychotherapy is useful because it serves as a source of emotional support, understanding and acceptance, and active listening. Group psychotherapy relieves clients of fear and isolation. Other benefits of group therapy:

• multiplication of personal resources;
• feeling of security;
• reduction of anxiety and perception of one’s case as unique as a result of sharing experiences;
• an atmosphere of trust and openness that gives a positive experience of communication and interaction.

In group classes, the same methods of psychotherapy are used as in individual consultations: art therapy, gestalt, psychodrama, cognitive behavioral therapy.

Rape (Article 131)

Rape (Article 131 of the Criminal Code of the Russian Federation).

Object of the crime:

• generic – social relations in the field of personal protection;
• specific - social relations in the sphere of protecting sexual integrity and sexual freedom of the individual;
• direct - sexual freedom of women, and in case of rape of a minor under the age of sixteen - sexual integrity;
• direct additional - social relations ensuring the safety of life and health of the victim (in qualified crimes - parts 2, 3, 4 of Article 131 of the Criminal Code of the Russian Federation).

The elements of the crime are formal; the crime is completed from the moment the sexual act begins, regardless of its completion and the consequences that occur.

The victim is only a female person, regardless of age and other data that characterize this person. In practice, cases of rape are known not only of strangers, but also of wives, cohabitants, close relatives, etc.

Sexual freedom is the freedom to choose a partner in sexual relations. Each person exercises sexual freedom at his own discretion.

Sexual integrity means the prohibition of sexual relations with a person under 16 years of age.

The objective side of the crime is defined in the law as sexual intercourse with the use of violence against the victim or other persons or taking advantage of her helpless state. The criminal law does not contain its own, legal concept of sexual intercourse. Its very brief definition is given in paragraph 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2004 No. 11 “On judicial practice in cases of crimes under Articles 131 and 132 of the Criminal Code of the Russian Federation,” which states that sexual intercourse should be understood sexual intercourse between a man and a woman.

The concept of rape covers the forced commission of natural sexual intercourse between a man and a woman. All other “forcible sexual acts” committed in any other form are sexual assault. Responsibility for their commission is provided for in Art. 132 of the Criminal Code of the Russian Federation. Thus, sexual intercourse should be understood as the performance of sexual intercourse between a man and a woman in a natural form.

Rape is a crime committed with the use or threat of violence. The concept of violence covers both physical and mental violence.

Physical violence

Physical violence consists of influencing a person’s body in order to suppress his resistance. It can be expressed in beatings, other infliction of pain, tying up, forcible confinement, etc. Most often, physical violence is expressed in external influence on the victim’s body, but in some cases violence can also consist of impact on the internal organs of the victim: giving narcotic drugs or psychotropic substances, toxic substances.

In the content of violence in relation to the main composition, provided for in Part 1 of Art. 131 of the Criminal Code of the Russian Federation also includes causing minor or moderate harm to health. Additional qualification of actions under the relevant articles of the Criminal Code of the Russian Federation establishing liability for crimes against life and health is also not required in these cases.

Psychological abuse

Psychological violence is carried out by influencing the psyche of the victim. The method of committing such violence is the threat of physical violence, which is the intimidation of the victim with the threat of immediate harm to her health or physical harm to her children, relatives and others, even strangers. The threat must be perceived by the victim as real, since only it can paralyze the woman’s resistance. The content of the threat of violence also includes the threat of murder. In this case, additional qualifications under Art. 119 of the Criminal Code of the Russian Federation is not required.

Violence or the threat of its use can be applied not only to the victim, but also to other persons. Under other persons specified in Art. Art. 131 and 132 of the Criminal Code of the Russian Federation, one should understand the relatives of the victim, as well as persons to whom the guilty person, in order to overcome the resistance of the victim (victim), uses violence or threatens to use it.

Therefore, the use of violence against third parties is included in the objective side of rape only in cases where it is intended to suppress the will of the victim to resist. For example, the victim’s consent to sexual intercourse, obtained under the threat of killing her child, falls under the elements of rape. In all other cases, the use of violence must be qualified if there are appropriate signs under other articles of the Criminal Code of the Russian Federation. Thus, beating a person trying, for example, to protect a woman from a rapist, call for help, and causing harm to his health require independent classification of this crime.

Deception of a woman, misleading her, and various kinds of promises do not fall into the category of violence. Therefore, the actions of a person who has obtained a woman’s consent to engage in sexual intercourse or commit acts of a sexual nature through deception or abuse of trust (for example, a knowingly false promise to marry her) cannot be considered as crimes against sexual integrity and sexual freedom of the individual.

Both types of violence must precede sexual intercourse. The use of violence and harm or threat of violence after sexual intercourse does not constitute rape. Thus, voluntary sexual intercourse and the subsequent threat of beating if the girl tells someone (for example, her mother) about what happened is not rape.

At the same time, the concept of rape covers not only sexual intercourse with the use of violence or the threat of its use, but also sexual intercourse taking advantage of the helpless state of the victim. The concept of this state is disclosed in paragraph 3 of the Resolution of the Plenum of the Supreme Court 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.”

Helplessness of the victim's condition

the helplessness of the victim’s condition with those situations where the victim, due to her physical or mental condition (dementia or other mental disorder, physical disabilities, other painful or unconscious state, young or old age, etc.) could not understand the nature and significance of the actions committed with her or to resist the guilty person.

The helpless state of the victim is assessed depending on the real ability of the victim, due to her physical or mental state, to understand the nature of the actions performed on her and the inability to resist the perpetrator, and the latter, when engaging in sexual intercourse, must be aware that the victim is in such a state.

At the same time, the victim’s minority in itself is not the only condition for recognizing her condition as “helpless.” To establish a “helpless state” it is necessary not only to establish the actual age of the victim, but also to determine whether she understood the actual side of the relationship between a man and a woman, to establish her level of development, awareness of sexual relations and their social significance. Establishing the fact of sexual experience of a minor victim is also essential.

The helpless state of the victim may also be a consequence of an illness with loss of consciousness (for example, diabetic coma, angina pectoris, epileptic seizure), fainting due to stress, heat stroke, etc. The inability to provide physical resistance can be caused by old age, physical disabilities, illness associated with loss of motor functions (paralysis, osteochondrosis, acute arthrosis), etc., physical impact from the criminal or his accomplices.

When assessing the circumstances of rape in relation to a victim who was in a state of intoxication, one should 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 this person, for example, a victim woman, the opportunity to resist the rapist. Moreover, for the offense of rape using the helpless state of the victim, it does not matter whether the victim was brought into such a state by the perpetrator himself (for example, given alcohol, drugs, sleeping pills, etc.) or was in a helpless state, regardless of the actions of the person who committed the said crime.

Distinguishing rape from other offenses

Distinguishing rape from other offenses:

When deciding whether a person’s actions contain complete elements of rape or sexual assault or only signs of an attempt to commit such criminal acts, it should be established whether the person acted with the intent to commit rape or sexual assault, and whether the person used violence is a means to achieve a specified goal, which was not achieved for reasons beyond his control.
At the same time, it is necessary to distinguish attempted rape from violent acts of a sexual nature, as well as attempted crimes under Art. Art. 131 and 132 of the Criminal Code of the Russian Federation, from completed crimes falling under other articles of the Criminal Code of the Russian Federation, providing for liability for crimes against the health, honor and dignity of the individual. Attempted rape must be distinguished from voluntary refusal to commit a crime (Article 31 of the Criminal Code of the Russian Federation), which excludes criminal liability. If a person was aware of the possibility of carrying out criminal actions to the end, but voluntarily, i.e. not due to reasons that arose against his will, and finally refused to commit rape, 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. In other words, voluntary refusal (subject to the conditions specified in Article 31 of the Criminal Code of the Russian Federation) is possible before the start of a natural physiological act. A refusal cannot be considered voluntary if, having overcome the resistance of the victim, the perpetrator was unable to continue his actions for physiological or other reasons not related to his will (for example, the disappearance of an erection).

If the actually committed actions of the perpetrator contain elements of another crime (hooliganism, insult, battery or harm to the health of the victim), the act is qualified under the relevant articles of the Criminal Code of the Russian Federation.

In situations where the commission of several sexual acts was covered by the intent of the perpetrator, the act should be qualified as a single ongoing crime. Unity of intent may be evidenced by such circumstances as the commission of several sexual acts without a break or with a break for a short time. In this case, a single crime will occur only if identical actions are committed. Therefore, if the intent of a person includes the commission (in any sequence) of rape and violent acts of a sexual nature against the same victim, the act should be assessed as a set of crimes provided for in Art. Art. 131 and 132 of the Criminal Code of the Russian Federation. In this case, for the qualification of the crime, it does not matter whether there was a gap in time during the commission of rape and sexual assault against the victim.

The subject of rape is any physically sane person who has reached the age of 14 (general subject), but the perpetrator of the crime can only be a male person.

The subjective side of rape is characterized by direct intent. The perpetrator is aware that he is committing sexual intercourse as a result of violence, without the consent of the victim and against her will, and desires its commission. The motives for the crime do not matter for the qualification of the act, but their establishment is necessary for individualizing the punishment. Most often, the motive for committing rape is to satisfy sexual passion. But there are also other motives, for example, revenge, humiliation of human dignity.

The qualifying criteria included in this norm are (Part 2 of Article 131 of the Criminal Code of the Russian Federation):

1) committed by a group of persons, a group of persons by prior conspiracy or an organized group;

Rape is 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 and using violence or the threat of violence against several persons, then commit forced sexual intercourse with each or at least one of them.

The concept of a group of persons by prior conspiracy is given in Art. 35 of the Criminal Code of the Russian Federation. Gang rape includes both the actions of persons who directly committed a violent sexual act and the actions of persons who assisted them by using physical or mental violence against the victim. At the same time, the actions of persons who did not personally commit forced sexual intercourse or violent acts of a sexual nature, 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), since these persons took direct participation in the fulfillment of part of the objective side of the crime - used violence. A group of persons may also include women as co-executors.

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 during the commission of rape, but only assisted in the commission of the crime with advice, instructions, providing information to the guilty person or removing obstacles, etc., must be classified under Part 1. 5 tbsp. 33 of the Criminal Code of the Russian Federation (aiding and abetting) and in the absence of qualifying features - under Part 1 of Art. 131 of the Criminal Code of the Russian Federation.

NOTE: The above-mentioned Resolution of the Plenum of the Supreme Court of the Russian Federation does not consider the issue of qualifying rape committed by several persons in cases where the subject of the crime is only one person, and the other person (persons) is not the subject of the crime due to insanity or underage age. responsibility. Judicial practice in resolving this issue follows the path of recognizing in such situations a qualifying feature of the commission of a crime by a group of persons by prior conspiracy. At the same time, this approach should be considered debatable, since, solving the same problem, but in relation to a different category of cases, the Plenum of the Supreme Court of the Russian Federation in paragraph 12 of the Resolution of December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery" indicated: if a person has committed theft, robbery or robbery through the use of other persons who are not subject to criminal liability due to age, insanity or other circumstances, his actions (in the absence of other qualifying criteria) should be qualified in parts of the first Art. Art. 158, 161 or 162 of the Criminal Code of the Russian Federation as the actions of the direct perpetrator of the crime (Part 2 of Article 33 of the Criminal Code of the Russian Federation). The presence of a group of persons by prior conspiracy in these cases is not recognized.

Gang rape is considered completed from the moment the first participant begins sexual intercourse. Therefore, if one of the subjects of the crime, for example, was unable to commit sexual intercourse for physiological reasons or did not have time as a result of actions to suppress the crime, his actions must be qualified as a completed crime committed by a group of persons by prior conspiracy or by an organized group.

2) 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;

Responsibility for rape with the threat of murder or infliction of grievous bodily harm occurs only in cases where such a threat was a means of overcoming the resistance of the victim and there were grounds to fear that this threat would be carried out. In these cases, the objective side of the qualified crime includes both rape and death threats. Therefore, additional qualification of the act under Art. 119 of the Criminal Code of the Russian Federation is not required.

If the threat of murder or infliction of grievous bodily harm was not aimed at suppressing the resistance of the victim, but was expressed after the rape for the purpose, for example, so that the victim would not tell anyone about what happened, the actions of the perpetrator, in the absence of qualifying circumstances, are subject to qualification under Art. 119 of the Criminal Code of the Russian Federation and in conjunction with Part 1 of Art. 131 of the Criminal Code of the Russian Federation or, accordingly, with Part 1 of Art. 132 of the Criminal Code of the Russian Federation.

Intentional infliction of grievous harm to the health of the victim during the process of rape, which resulted in his death through negligence, in the absence of other qualifying features, should also be classified as a set of crimes provided for in Part 1 of Art. 131 and part 4 of Art. 111 of the Criminal Code of the Russian Federation.

When committing a murder during rape, the act is also subject to qualification according to the totality of crimes provided for in paragraph “k” of Part 2 of Art. 105 and part 1 of Art. 131 of the Criminal Code of the Russian Federation, or under the relevant parts of these articles, if rape was committed, for example, against a minor or under fourteen years of age, or by a group of persons, a group of persons by prior conspiracy, or an organized group.

Committing a murder after the end of rape or attempted rape in order to conceal the crime committed or for reasons of revenge for resistance committed by the guilty person should be classified as a set of crimes provided for in paragraph “k” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation and the relevant parts of Art. 131 or part 3 of Art. 30 of the Criminal Code of the Russian Federation and the relevant parts of Art. 131 of the Criminal Code of the Russian Federation.

Rape with particular cruelty towards the victim or other persons is an independent qualifying feature specified in paragraph “b” of Part 2 of Art. 131 of the Criminal Code of the Russian Federation. Particular cruelty means inflicting physical or moral torture and suffering on the victim. Particular cruelty can be expressed in mockery and mockery of the victim, torture during rape, infliction of bodily harm, rape in the presence of relatives or friends of the victim, as well as in a method of suppressing resistance that causes severe physical or moral torture and suffering to the victim herself or other persons. In this case, the qualifying sign of rape with special cruelty will occur only if the intent of the perpetrator included inflicting special torment and suffering on the victims.

3) resulting in the victim becoming infected with a venereal disease.

Liability under clause “c” of Part 2 of Art. 131 of the Criminal Code of the Russian Federation occurs in cases where the person who infected the victim with a venereal disease knew that he had this disease, foresaw the possibility or inevitability of infection of the victim and desired or allowed such infection. At the same time, additional qualifications under Art. 121 of the Criminal Code of the Russian Federation is not required.

Particularly qualifying signs of rape (parts 3, 4 of Article 131 of the Criminal Code of the Russian Federation):

1) a minor;

This qualifying feature will only occur if the guilty person reliably knew about the age of the victim (he was a relative, acquaintance, neighbor) or when the appearance of the victim clearly indicated his age.

A conscientious delusion that arises on the basis that the age of the victim is approaching eighteen years of age or, due to acceleration, he looks older than his age, excludes the imputation of the considered qualifying feature to the guilty person.

2) which, through negligence, resulted in the infliction of serious harm to the health of the victim, infection of her with HIV infection or other grave consequences;

The concept of grievous bodily harm is given in Part 1 of Art. 111 of the Criminal Code of the Russian Federation. Clause “b” of Part 3 of Art. 131 of the Criminal Code of the Russian Federation covers the commission of rape, which through negligence entailed consequences recognized as serious harm to health: loss of speech, vision, hearing, etc. In this case, there must be a causal connection between the consequences and the rape.

Other grave consequences of rape are consequences that are not associated with the negligent infliction of serious harm to the health of the victim or her infection with HIV. For example, the victim’s suicide may be recognized as such.

Careless infliction of grievous harm to the health of the victim during the commission of rape is covered by paragraph “b” of Part 3 of Art. 131 of the Criminal Code of the Russian Federation and does not require additional qualifications under other articles of the Criminal Code of the Russian Federation.

3) negligently causing the death of the victim;

Causing the death of the victim through negligence means that the intent of the perpetrator did not include the occurrence of this consequence. For example, wanting to suppress the resistance of the victim, the perpetrator strangles her, seeking not death, but only the cessation of resistance.

4) a victim under fourteen years of age.

The rape of a victim who is known to be under the age of fourteen, just like the rape of a minor, presupposes a knowing, i.e. accurate knowledge of the victim’s age by the perpetrator.

0

0.5

Prevention

For the purpose of prevention, it is necessary to form a stable attitude about the inadmissibility of violence in any of its shapes and forms. You cannot adhere to the victim mentality; you need to know about dependent relationships and be able to identify them. At the same time, it is necessary to maintain self-esteem and self-esteem at an adequate level, and to know methods of psychological and physical self-defense.

People with a special victim type of thinking become victims. But at the same time, it is important to understand that not everything depends on the person himself. Anyone can become a victim of violence, but you have the power to minimize this likelihood.