Rape can happen to anyone, especially young women. Therefore, you need to know how to act if someone sexually harasses you against your will. Attempted rape is considered an unfinished crime, but is equivalent to a completed act. Therefore, criminal penalties are provided for attempted violence. To bring the attacker to justice, you should file a statement with the police.
What is considered attempted rape?
First, let's deal with the term rape.
It is defined as the implementation of sexual intercourse against the will of a person using physical force or psychological influence. An attempt to rape is a preparation for intercourse and a direct attempt at violence. This crime is considered unfinished because the sexual act itself does not occur. Preparation for rape refers to actions that in the future will allow intercourse to be committed against the will of a person. There are different methods of preparation, for example, tracking the victim, luring her into dark places by deception, entering an apartment for the purpose of intercourse, using alcohol or drugs to put the girl in a helpless state.
At the same time, attempted rape can be considered the direct use of physical force and the use of threats to get what you want. Let's say the attacker immobilizes the victim or beats her in order to commit violence. Or he may say that he will kill her or her loved ones if she does not have sexual intercourse. In any case, these actions can be considered an infringement on a person’s freedom of choice and on his honor.
Note that promises to marry the victim or to pay cannot be considered an attempt at sexual violence. The exception is a situation where the maniac first promised, say, money, and then used physical force in case of disagreement. Then we can assume that he tried to rape.
Important! Not only a man, but also a woman who tries to engage in sexual intercourse against the will of another person can be considered a rapist. Rape can even take place between people of the same sex, and not just between a guy and a girl.
The action is not completed due to circumstances beyond the control of the attacker. For example, neighbors appear, a police officer or a woman manages to escape. If he independently changes his mind about making contact, for example, out of disgust or fear, then there is a chance to avoid criminal liability.
Preparing for rape
Preparation for this crime may be evidenced by the creation of conditions for rape and the use of a favorable environment. Thus, R., having learned from a drinking companion that unknown men “caught a woman in the garages and are taking turns having sexual intercourse,” went to the indicated place to also take part in the rape. When he approached the scene of the crime, he was detained by police officers. In the described case, R., moving to the place of rape, tried to provide himself with the opportunity to commit rape, but did not commit it due to circumstances beyond his control, that is, he made preparations for this crime.
Where to contact
You should not turn a blind eye to attempted rape, because it may happen again.
Even if it was committed by an acquaintance or loved one, it is better to play it safe and go to the police. After all, a man can promise that this will not happen again, but the words may turn out to be a lie. Immediately after the incident, relatives and friends should be informed. Because if they decide to assassinate you, it will be important to prove it. It is with confirmation that problems arise, because the sexual act itself did not occur. Consequently, it is more difficult to prove that sexual acts were committed against the victim.
It is recommended to go to the police on the same day in order to file a report in a timely manner. Torn clothing and traces of physical force increase the chance of confirming what happened. It will be necessary to go for a medical examination to remove the beatings.
If there were witnesses to what happened, then you must take their number so that you can later call for questioning. The victim's condition at the time after the attempted violence can be confirmed by relatives. All this is important in order to prove your case in court.
When can one say that a crime has been committed, and not an attempt on it?
A mandatory sign of rape is the initiation of sexual contact. In its absence, the crime is not considered completed, even if the victim’s resistance was suppressed and the rapist was ready to complete the criminal plan. Thus, immediately after the start of sexual intercourse, the crime is considered committed in its final form, and the sign of attempted rape will be absent.
To identify the fact of initiated sexual contact, an examination is carried out in the direction of law enforcement agencies. For expert activities, not only the woman, but also the suspect is subject to examination. The expert examines typical and characteristic injuries on the body of a woman and a man, traces on clothing and objects from the crime scene. If the findings of the examination indicate that sexual intercourse has not begun, punishment can only follow for attempted rape.
How to write an application correctly
You should go to the department in the area where the crime was committed.
There you will need to fill out a statement about attempted rape. As a rule, a police officer does not refuse assistance when filing an application. What to write:
- To whom is it addressed (the head of which district).
- Your data. Last name, date of birth, place of birth, address, contact details.
- The main part of the statement. You need to ask that a specific person be prosecuted. If his details are unknown, you should write “unidentified person” and list special features. You should also describe your situation.
- You will be required to sign an application.
A sample application must be available at the police station. Therefore, there are usually no difficulties with filling out.
Actions of the victim of the rapist
Every woman who has been sexually assaulted must contact law enforcement to catch and prosecute the perpetrator. Such measures will help protect other women from committing criminal acts against them. Quite often, victims of such crimes are afraid to seek help from the police. This is due to the fear of condemnation by loved ones and friends. If a woman has been subjected to attempted rape or actual violence has been carried out against her, then it is necessary:
- Contact a medical facility. The doctor will conduct an examination and record the damage. Such materials will be irrefutable evidence of the man’s involvement in the crime.
- Write a statement to law enforcement agencies.
It is possible to submit an oral or written complaint to the police regarding a crime committed. If the application is made in writing, it must include the following information:
- the police department to which the application is sent;
- personal data of the victim, indicating contact information;
- a description of the circumstances under which the rape or attempted rape was committed;
- time and place of crime;
- signs of a criminal. If the identity of the male attacker is known or there are suspects, their details must be provided;
- indicate a request to initiate a criminal case and conduct an investigation;
- date and signature of the applicant.
In addition to the main punishment, the injured woman has the right to demand compensation from the offender for moral damage caused.
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Evidence base
To punish the perpetrator under an article from the Criminal Code of the Russian Federation, it is necessary to provide evidence of the crime. If the victim is a minor, then the parents must be involved. It has already been mentioned that the judicial authority requires testimony of witnesses, victims, and the results of a medical examination. If there is a video or audio recording, then it is also worth providing.
Perhaps the maniac himself admits that he committed an illegal act. Then he will face a lighter sentence. In this case, the victim does not need to confirm the attempt of violence.
If there was rape without evidence
According to the Criminal Code of the Russian Federation, the main evidence of violent actions is:
- Conclusion of the SME
- Police report after examining clothing and crime scene
- The presence of beatings, abrasions, bruises on the victim’s body
- Availability of witnesses and their testimony
But it often happens that the rapist can only use psychological influence: threats, psychological suggestion, intimidation. In this case, there may not be a beating on the body, and the clothes will remain intact, which also often happens with harassment. It is no less difficult to prove sexual violence against men, because there may not be direct evidence.
If there is no external evidence, the victim of sexual violence needs:
- Find witnesses (if there were any)
- If you did have sexual intercourse, go to a medical facility to take smears
If you suspect the influence of psychotropic substances, you should donate blood for analysis. This can also become evidence.
Important:
if there were no obvious signs of force to prove rape, it is still worth filing a report with the police. If the accusation is not slander, law enforcement agencies try their best to find out the circumstances of the crime and can find clues that may seem insignificant to the victim initially.
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What responsibilities are provided?
The article of the Criminal Code of the Russian Federation on rape provides for various punishments depending on the presence of aggravating circumstances. Therefore, we will look at how many years they give if the attacker committed violent acts.
Penalties:
- In the absence of qualifying circumstances - from 3 to 6 years in prison.
- Gang rape or in the case of beatings or infection with a venereal disease - imprisonment from 4 to 10 years.
- The victim is a minor or was infected with AIDS during the act - the prison sentence will be from 8 to 15 years.
- Violence against a minor girl or resulting in the death of the victim - a term of 12 to 20 years.
- A man had previously raped a girl under 14 years old and then repeated the act - imprisonment for up to 20 years or life imprisonment.
As you can understand, you won’t be able to get away with a fine for such a socially dangerous act. Judicial practice of this category of crimes shows that attackers are not spared when assigning punishment.
How to remove false accusations
When collecting evidence of innocence under Article 131 of the Criminal Code of the Russian Federation, it is necessary to apply all possible methods. Some you can handle on your own, while in others it’s better to trust a defender.
How to prove your innocence:
- request a second medical examination;
- demand a psychological examination of the victim;
- request additional examinations;
- find witnesses.
If there are people willing to corroborate your alibi, the prosecution simply falls apart. This is the shortest way to prove innocence if false accusations are made.
Why do you need an examination by an expert psychologist? A woman may well have psychological disorders, including sexual ones. Psychological examination can identify them.
Ask for an additional examination of things, clothes, bodies - both the victim and the possible rapist. Committing physical violence against the will of the victim is accompanied by a struggle that leaves marks on both. These may include scratches, bruises and torn clothing. If the victim indicates an unconscious state at the time of rape, then the examination should reveal the content of substances in the body (alcohol, drugs, sleeping pills or other drugs) that led to temporary restriction of movement.
How to sue for libel
When a false accusation of rape has become apparent in court, one may consider punishing the liar. First, file a counterclaim based on Article 128.1 of the Criminal Code of the Russian Federation “Slander.” Moreover, the article contains a direct part about rape slander. The consequences will be more serious than a lie:
- up to five hundred thousand rubles or more than one hundred and a half hours of compulsory work - for libel;
- up to three million rubles and almost five hundred hours of compulsory labor - for a false accusation of rape.
Motives for false denunciation of rape
Among the reasons, the most popular is the desire to take revenge on a man. For what? For insult or insult. Failure to pay money for sexual services or accusing a woman of a crime, jealousy can also push a woman to falsely accuse her of rape. The desire to ruin a man’s reputation or punish him for something. Sometimes a woman is ready to present herself as a victim of violence for the sake of blackmail and extortion or to hide infidelity.
If they start extorting money from you, lawyers advise not to give in, but to contact the police. It would be good if there was audio or video evidence of blackmail.
Loud false accusations of rape
The story of Diana Shurygina, which thundered on one of the central channels, and was a multi-part series, is not the only dubious case of rape charges.
For example, the story of the “Soviet Pele”, Eduard Streltsov. He was accused based on the statement of one of the guests of a drunken orgy, in which Streltsov also participated. Witnesses claimed that there was no violence; the victim later asked to drop the case. But he was not stopped, apparently due to the intervention of Khrushchev, who declared “Put the scoundrel away! For a long time…". Streltsov was sentenced to 12 years, was released on parole and returned to big-time football.
The American Clarence Moses-El spent 28 of his assigned 48 years in prison. The victim stated that he saw him in a dream; the examination did not confirm his guilt, but the man was still accused. The truth became clear only after almost thirty years when the case was re-examined.
These examples are not the only ones. High-profile investigations of false accusations are associated with American football player Brian Banks, a Krasnodar resident who was accused by his mother-in-law of raping his little stepdaughter, innocent American Lawrence McKinney and others were sentenced to one hundred years.
