Physical violence against a minor child is one of the types of rough and cruel treatment, intentional infliction of bodily harm, beatings, injuries, mutilations, bruises, and bruises on an adult child. The highest percentage of cruelty occurs in dysfunctional families, where parents use alcohol, drugs, have mental illness, are depressed or lead an antisocial lifestyle. Sometimes the help of medical professionals may be needed to cope with the consequences of such upbringing. Very often in a family, parents use various methods of punishment against a child, including physical ones, which can be easily detected due to external manifestations.
Article 131 of the Criminal Code of the Russian Federation: Rape
The Criminal Code of the Russian Federation includes a block of norms containing liability for crimes against sexual freedom and the integrity of citizens, including minors. The general age criterion for children in the articles of the Criminal Code of the Russian Federation for rape has several gradations, which significantly influence the amount of punishment:
- The standard age limit of 18 years is used in Part 3 of Art. 131 of the Criminal Code of the Russian Federation;
- The fact that the victim has not reached the age of 14 significantly aggravates the punishment for the offender, since his actions are punishable under Part 4 and Part 5 of Art. 131 of the Criminal Code of the Russian Federation;
- sexual intercourse with a minor child under 12 years of age is punishable even in the absence of signs of violence on the part of the offender, since the victim is considered helpless due to the age criterion and is not able to fully understand what is happening.
Note! The age factor is established on the basis of the child’s birth certificate at the time of the commission of the criminal act. Even if, during the investigation of criminal cases, the victim overcomes the age limit set forth in the Criminal Code of the Russian Federation, the grounds for criminal liability of the offender remain.
Liability for rape of minors is regulated by Art. 131 of the Criminal Code of the Russian Federation. Let us highlight the key nuances of this norm:
- rape is characterized by sexual contact committed in a natural form;
- a mandatory accompanying feature of sexual intercourse is the lack of voluntariness on the part of the minor victim, and her resistance is overcome by physical force, the threat of force or a helpless state;
- Only a female person can be a victim of rape; sexual violence against a minor boy will be punishable under Art. 132 of the Criminal Code of the Russian Federation.
Rape of a minor child is a matter of public prosecution. A criminal case is initiated when law enforcement agencies identify the fact of sexual contact, or on the basis of a statement of rape of a minor. This application can be submitted not only by the victim, but also by legal representatives (for example, the girl’s parents). Termination of criminal prosecution solely on the basis of reconciliation between the victim and the offender is not allowed.
Crimes related to beating
Crimes associated with beating a minor can be divided into 3 types:
- beating a child;
- causing harm to health of varying severity;
- torture.
There is a law against beating children by parents, which states that it is considered a crime. A parent or any other adult faces criminal liability for beating children, since children are the least protected from aggression, violence, rude and inhuman treatment by an adult, therefore legislation pays special and close attention to protecting children from various manifestations of inhumane treatment on the part of relatives or strangers of people.
Which organizations can you turn to for help in case of violent and cruel acts against a child:
- guardianship and trusteeship authority (inspection of living conditions in which the child lives in the family);
- commission for minors (protection from various forms of violence);
- Commissioner for Children's Rights (ensuring the protection of children's rights);
- prosecutor's office (protecting children's rights in court).
Crime investigation
Due to the age characteristics of the victim, the investigation of this crime takes place in compliance with the special rules of the Code of Criminal Procedure of the Russian Federation. Let us highlight the important nuances of procedural and investigative actions when investigating child rape:
- to establish the presence or absence of sexual intercourse, as well as to establish the nature and extent of injuries, the victim is sent for a medical examination;
- all procedural actions involving a child are carried out in the presence of a legal representative, if such a request is made after the initiation of a criminal case;
- in most cases, the Code of Criminal Procedure of the Russian Federation obliges the involvement of professional specialists (for example, persons with pedagogical education) in investigative actions involving a child;
- When investigating cases, not only the circumstances of the crime are established, but also the living conditions of the child, the presence of proper control on the part of the parents, etc.
Particular attention is paid to the nature of the relationship between the victim and the offender. This is necessary to identify the real nature of the threat and the degree of its perception by the victim. The age of the rapist is also important. Cases of rape of a girl by a minor are often considered - in this case, Art. 131 of the Criminal Code of the Russian Federation will be applied according to general rules in the presence of mandatory signs of the use of physical force or threat.
If a minor girl voluntarily entered into sexual contact with a man, the elements of rape will not be present. The only exception is when she is under 12 years old. Until this age, she is unable to understand the consequences of her actions and is considered helpless. In this case, it is important for investigative authorities to identify cases of false denunciation, when a statement of rape is used to cover up the fact of voluntary sexual contact to justify the victim’s own behavior.
Only an expert opinion can give unambiguous conclusions about the nature and consequences of rape of a minor child. A medical examination is carried out both in relation to the victim and the indicated potential rapist. During the expert activities, the following facts and circumstances are verified:
- the presence or absence of sexual intercourse, traces of physical violence, characteristic bodily injuries, signs of struggle, etc.;
- the presence of damage to clothing, traces of a crime on outer clothing or underwear, as well as on objects at the scene of the incident;
- the consequences of the crime committed on the health of the minor victim (causing serious harm to health or the death of the girl will entail a significant increase in punishment).
Article 131 of the Criminal Code of the Russian Federation provides for the only possible sanction for rape of minors - imprisonment. It must be taken into account that according to the rules of Art. 20 of the Criminal Code of the Russian Federation, punishment threatens a criminal who has reached the age of 14 years. Failure of the offender to reach the specified age barrier entails termination of the criminal case.
Differences in crime from adults
Text of Art. 105 of the Criminal Code of the Russian Federation, concerning murder, does not contain any indication that the elements of the crime in this case will differ depending on the age of the attacker. However, there are some nuances that must be taken into account when considering the case.
The composition of any crime consists of 4 elements. In relation to murder, they will look like this:
- The object is what the attack is aimed at. In this case, it is the life of another person.
- The objective side is the specific actions or inactions taken by the guilty person. In relation to murder, there will be no difference in this element for an adult or a juvenile offender.
- The subject is the person who committed the crime. As already mentioned, liability under Art. 105 of the Criminal Code of the Russian Federation begins at the age of 14. If we take this circumstance into account, there will not be any significant differences.
- The subjective side is the mental attitude of the perpetrator to the act he committed. This includes intent (in relation to murder - both direct and indirect, but unintentional causing of death is considered under another article), motive, etc.
Specifically, on the subjective side, there are certain differences between crimes committed by adults and teenagers. As a rule, minors are characterized by social and mental immaturity. That is why, when considering a case and imposing a punishment, it is necessary to determine as clearly as possible how much the teenager was aware of the illegality and social danger of his act, as well as what motives he was guided by.
Important! For a correct assessment of the subjective side of the act in cases where minors are accused, a psychological and psychiatric examination is almost mandatory.
More information about murder committed by adults and the punishment for it can be found here.
Consequences of rape of minors
Due to the particular gravity of sexual violence against children, the legislator provides for extremely severe sanctions for this crime. It is almost impossible to avoid actual imprisonment, so only the help of a professional lawyer will make it possible to minimize criminal sanctions. The defense of the accused in such cases is carried out in the following areas:
- proving the fact of voluntarily entering into an intimate relationship with a minor - the victim’s social circle, the nature of the relationship with the accused, testimony of witnesses and eyewitnesses of the crime or relationship are studied;
- eliminating the grounds for believing that physical force was used against the victim or a threat of its use was made;
- proving the absence of sexual contact between the victim and the defendant, if the minor had previously had sexual relations with other persons and led an immoral lifestyle;
- identification of motives for a deliberately false denunciation (for example, revenge, jealousy, self-interest or the desire of the victim to justify her behavior).
The fact that the accused is intoxicated may be considered by the court as an aggravating factor if it directly influenced the criminal behavior and consequences of the actions.
How long can a child be imprisoned for an assassination attempt?
The Criminal Code of the Russian Federation provides for punishment not only for completed murder, but also for an attempt to commit it. In this case, the culprit will be punished under the same article. 105 of the Criminal Code of the Russian Federation, but with reference to Part 3 of Art. 30 of the Criminal Code of the Russian Federation, which defines the concept of attempt.
Art. 30 does not stipulate features related to the age of the offender, so a minor will be liable for attempted murder in the same way as an adult attacker.
However, it must be taken into account that an attempt has its own upper limit of punishment. It is provided for in Art. 66 of the Criminal Code of the Russian Federation. According to its norms, the maximum sentence for an attempt cannot be more than three quarters of that specified in the relevant article. However, it should be noted that for teenagers this norm is irrelevant: even under Part 1 of Art. 105 of the Criminal Code of the Russian Federation, three quarters of the maximum term is 11 years 3 months, which is already more than 10 years, provided for in Art. 88 of the Criminal Code of the Russian Federation.
More information about attempted murder can be found here.
What is the sentence given to a criminal?
For rape of a minor, the punishment will be:
- according to Part 3 of Art. 131 of the Criminal Code of the Russian Federation - from 8 to 15 years with restriction of freedom for a period of up to two years (an additional sanction is a ban on holding certain positions or types of activities for up to 20 years);
- according to Part 4 of the norm in question (if the victim has not reached the age of 14 years) - imprisonment will range from 12 to 20 years with similar types of additional sanctions;
- under Part 5 (if the victim is under 14 years old, and the offender has previously been convicted of similar crimes) - the prison term will be from 15 to 20 years, or life imprisonment.
Note! These sanctions apply only under Art. 131 of the Criminal Code of the Russian Federation in the absence of voluntariness for sexual contact on the part of the victim. If the girl has reached the age of 12 years and herself has expressed consent to intimate intimacy, punishment will follow under Art. 134 of the Criminal Code of the Russian Federation.
Reclassification of rape to Article 134 of the Criminal Code of the Russian Federation not only significantly reduces the amount of punishment. In some cases, it is possible to achieve the termination of a criminal case (for example, if the victim and the accused have entered into a legal marriage). If the age difference is less than four years, according to the rules of Art. 134 of the Criminal Code of the Russian Federation for voluntary sexual contact with a minor, imprisonment is not applied.
What are the punishments for minors?
Article 88 of the Criminal Code of the Russian Federation states that persons under 18 years of age can be given one of 6 punishments.
Fine
Monetary penalties can be issued even if the child does not have his own source of income. It is logical that in this case the parents will be asked to pay the fine. But it can be recovered in court from representatives of a minor offender only with their consent (clause 2 of Article 88 of the Criminal Code of the Russian Federation). If they do not agree, it will be necessary to prove that the parents (guardians) had nothing to do with it, and responsibility for the student’s behavior at that moment was on third parties.
The amount of penalties is from 1 to 50 thousand rubles or in the amount of the student’s income for a period of 2 weeks to six months.
Denial of the right to engage in some activity
It's the same here as for adults. The ban may be combined with another punishment, such as a fine.
Mandatory work
They must be within the capabilities of the person being punished; no more than 2 hours a day (if the student is under 15 years old) or 3 hours (if he is 15-18 years old) should be allotted for their implementation. They are carried out during time not occupied by main work or study. The duration of such work is from 40 hours to 160 hours.
Correctional work
According to paragraph 5 of Art. 88 of the Criminal Code of the Russian Federation, such work can be assigned for a period of up to a year. They should also be feasible for the teenager and should be done in his free time.
Restriction of freedom
It implies the imposition of certain prohibitions. For example, they may prohibit leaving home at certain times of the day, visiting certain places, or leaving the city. A student’s freedom can be restricted for a period of 2 months to 2 years.
Deprivation of liberty
The most serious punishment. Therefore there are a number of restrictions:
- if a student has committed a crime of moderate gravity for the first time and is under 16 years old, such a punishment is not imposed;
- if a minor (under 18 years of age) committed a crime classified as light for the first time, he also cannot be deprived of his liberty;
- Anyone under 16 years of age can be imprisoned for up to 6 years. Even if the crime is serious;
- for especially serious cases, those under 16 years of age are sentenced to imprisonment for a term of 10 years, no more.
