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

Criminal Code of the Russian Federation in the latest edition:

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

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

shall be punished by imprisonment for a term of three to six years.

2. Rape:

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

b) accompanied by a threat of murder or infliction of grievous bodily harm, as well as committed with particular cruelty towards the victim or other persons;

c) resulting in infection of the victim with a venereal disease, -

shall be punishable by imprisonment for a term of four to ten years, with or without restriction of freedom for a term of up to two years.

3. Rape:

a) a minor;

b) resulting through negligence in causing grievous harm to the health of the victim, infecting her with HIV infection or other grave consequences, -

shall be punishable by imprisonment for a term of eight to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years.

4. Rape:

a) negligently caused the death of the victim;

b) a victim under fourteen years of age -

shall be punishable by imprisonment for a term of twelve to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years.

5. The act provided for in paragraph “b” of part four of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor, -

shall be punishable by imprisonment for a term of fifteen to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, or life imprisonment.

Note. The crimes provided for in paragraph “b” of part four of this article, as well as paragraph “b” of part four of Article 132 of this Code also include acts that fall under the elements of crimes provided for in parts three - five of Article 134 and parts two - four of Article 135 of this Code, committed against a person under twelve years of age, since such a person, due to his age, is in a helpless state, that is, cannot understand the nature and significance of the actions performed on him.

Return to the table of contents of the document: Criminal Code of the Russian Federation in the latest edition

Comments on Article 131 of the Criminal Code of the Russian Federation

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16 “On judicial practice in cases of crimes against sexual freedom and sexual integrity of the individual” is devoted to the issues of qualification of rape and violent acts of a sexual nature.

Object of crime . When an adult woman is raped, the main object of the crime is her sexual freedom.

Sexual freedom is the freedom of a person to choose a partner in sexual relations. Sexual freedom presupposes a woman’s independent decision to engage in sexual intercourse with a man, to choose a sexual partner, forms, without physical or mental coercion.

When raping a minor, a minor, or someone who was in a helpless state, the object of the crime is sexual integrity.

Sexual integrity means the prohibition of sexual relations with a person under sixteen years of age. At the same time, a violation of sexual integrity always means a violation of sexual freedom, as an integral part.

An additional object is the health of the victim, her honor and dignity, and in the case of rape of minors or minors - their normal physical, mental, moral, and sexual development.

The victim of rape can only be a female person.

To recognize a woman as a victim, her previous behavior (immoral lifestyle, prostitution, etc.) and her relationship with the perpetrator (marriage, cohabitation, etc.) do not matter.

In practice, cases of rape are known not only of strangers, but also of wives, cohabitants, close relatives, etc.

By virtue of the law (note to the article), sexual intercourse with a girl under the age of 12 is always recognized as rape, regardless of the fact that she is aware of the meaning and nature of the actions performed on her.

The objective side of rape is complex, structural, and consists of mandatory actions:

sexual intercourse and
violence or the threat of its use or taking advantage of the helpless state of the victim.

The absence of one of the specified actions of the objective party means the absence of rape, or if there are grounds for this, the person’s actions can be qualified under Art. 133 or 134 of the Criminal Code of the Russian Federation.

Rape should be considered completed from the moment sexual intercourse begins (clause 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16).

If only violence is used or the threat of its use is made for the purpose of committing sexual intercourse against the will of a woman, but there was no sexual intercourse itself, then attempted rape occurs.

Aiding

In judicial practice, difficulties often arise in classifying the actions of a person who did not engage in sexual intercourse, but actively assisted in the commission of a crime.

Thus, the actions of a person who did not directly engage in sexual intercourse or did not commit acts of a sexual nature with the victim and did not use physical or mental violence against him and other persons when committing these actions, but only facilitated the commission of a crime with advice, instructions, and provision of information to the perpetrator or the removal of obstacles, etc., must be qualified under Part 5 of Article 33 of the Criminal Code of the Russian Federation and, in the absence of qualifying features - under Part 1 of Article 131 of the Criminal Code of the Russian Federation or under Part 1 of Article 132 of the Criminal Code of the Russian Federation.

The concept of sexual intercourse and other violent acts of a sexual nature

sexual intercourse specified in the law is not legal, but medical, as a gender ratio, understood in sexology only as a heterosexual, physiological act aimed at procreation and consisting of the insertion of a male penis into a woman’s vagina.

In other words, sexual intercourse is the connection (contact) of male and female genital organs (coitus), i.e. insertion of the male sexual organ into the female genital organs, regardless of the depth of penetration and physiological completion of sexual intercourse.

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 .

If the perpetrator committed rape and sexual assault in any sequence against the same victim, the act should be classified as a set of crimes under Art. 131 and 132 of the Criminal Code of the Russian Federation, regardless of whether there was a time gap between rape and violent acts of a sexual nature (clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16).

Tips for men if they have been raped by a woman

Article 132 of the Criminal Code of the Russian Federation does not formally distinguish between criminal penalties for male and female criminals, so bringing a woman to justice will follow the general rules. Although public opinion is skeptical about cases of rape of men by women, law enforcement officials will be required to investigate these criminal cases at the request of the victim.

The victim's action algorithm will look like this:

immediately after the fact of violent sexual acts, you must contact law enforcement agencies;
an appeal to the police must be made in the form of a statement, and to draw it up it is advisable to contact an experienced lawyer;
the application must be registered in the crime reporting book, and the man must be given an incoming registration number;
to confirm the fact of violent sexual acts, police officers will issue a referral for a medical examination;
If the facts stated in the statement are confirmed, a criminal case is initiated, and the man is recognized as a victim.

Proving guilt and all the circumstances of the crime is the responsibility of the investigative authorities. The victim, along with the accused person, has the right to defense by a lawyer. It is advisable to contact a lawyer in the early stages of the investigation of the case in order to avoid an unreasonable refusal to accept an application or a delay in the investigation.

The application must indicate the following points:

the name of the territorial body of the Ministry of Internal Affairs to which the victim applies;
information about the applicant, as well as about the potential criminal (if the woman’s identity is known to the victim);
circumstances of violence - form of sexual contact or action; the nature and form of the threat or use of physical force; time and place of crime;
the presence and nature of damage to health (the exact list of injuries and health consequences will be determined during medical examinations and examinations);
information about eyewitnesses who may know the circumstances of the crime.

The more detailed the statement is, the more opportunities law enforcement agencies will have to investigate the crime without delay.

Use of violence and threat of violence during rape

Rape is a crime committed with the use or threat of violence.

The concept of violence covers both physical and mental 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 not required in these cases.

The threat of violence (psychological violence) refers to such actions of the perpetrator that indicate his intention to immediately use the above-mentioned physical violence, are perceived by the victim as real, regardless of the person’s intention to actually carry out such a threat, and this threat is a means of overcoming the victim’s resistance. Such a threat can be expressed in words, gestures, and actions.

Physical violence or the threat of its use can occur in relation not only to the victim, but also to other persons , who may be her relatives, loved ones, or other persons whose fate is not indifferent to her, for whose sake the woman is forced to agree to sexual intercourse, for example, school student, kindergarten student, ward, etc. Within the meaning of Art. 17 of the Criminal Code of the Russian Federation, such actions require additional qualification under other articles of the Special Part of the Criminal Code (clause 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16).

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.

The threat of damage or destruction of property, dissemination of information disgracing the victim, as well as forcing a woman to have sexual intercourse is not considered as a sign of the objective side, since it is not associated with the possible use of physical violence, but only represents a certain pressure on the psyche of the victim in order to induce sexual intercourse .

Threats via telephone and Internet

Non-violent threats to force sexual intercourse can be made in any form - verbally in a meeting or by telephone, in the form of a written message or via the Internet. Punishment will be applied according to the same rules in any of the specified options of coercion.

To prove the facts of threats, you need to take into account the following nuances:

at the first threat, you need to contact an experienced lawyer to file a statement with the police;
the statement should indicate all the circumstances of the threat - time and place, method of forcing sexual contact;
You need to provide evidence to the police - written documents, recordings of telephone conversations, extracts from correspondence on the Internet, etc.

Note! The threat expressed by the criminal may not necessarily be associated with actual information about the victim or property belonging to the victim. The criminal may be mistaken about the rights to property, or about the reliable nature of the disgraceful information, but the fact of forced sexual intercourse will be confirmed.

Upon application, law enforcement agencies are required to conduct an investigation. If the identity of the criminal is not established, a check will be carried out using phone number, IP data, etc.

Rape by deception

Actions not specified in the law, for example, a person committing sexual intercourse with a woman by deception, for example, promises to marry, present any material benefits or help get rid of debts in the future, etc., cannot be considered as rape.

However, it is not excluded that deception on the part of the perpetrator is recognized as a fact of rape, when in this way the victim is misled regarding the actual circumstances. For example, a woman is deceived in identity by mistaking the guilty person for another twin brother with whom she wanted to have sexual intercourse and believed that she was doing it with him. Such deception can be equated to the helpless state of a woman, since she is deprived of the ability to resist.

What to do if accused of rape

Judicial practice shows that rape cases are replete with many nuances, and accusations of rape are not always justified. In some cases, such accusations are false (for example, for the purpose of revenge or illegal enrichment), in others there are no circumstances that give grounds to qualify sexual intercourse as rape.

If you have been accused of rape, and you consider this accusation to be unfounded, you need to defend your rights. We advise you to contact a lawyer on our website who has extensive experience in such cases. With its help, you can build an effective strategy to protect your interests and achieve a positive outcome.

Causing grievous and other harm to health during rape

In case of intentional infliction of grievous harm to the health of the victim during rape, the actions of the perpetrator are qualified under the totality of Art. 131 from Art. 111 of the Criminal Code of the Russian Federation. Careless infliction of such harm to the victim’s health excludes the specified totality.

If the intentional infliction of grievous bodily harm negligently resulted in the death of the victim, then in the absence of other qualifying features, rape is qualified under the totality of Part 1 of Art. 131 and part 4 of Art. 111 of the Criminal Code of the Russian Federation (clause 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16).

If during rape there was a threat of murder or causing grievous harm to health , then the actions of the guilty person are qualified under Part 2 of Art. 131 of the Criminal Code of the Russian Federation.

Deliberate infliction of harm to health before the commencement of these actions or in the process of their commission in order to overcome the resistance of the victim, prevent it, as well as to suppress her will is recognized as associated with rape, since in such circumstances the use of violence is fully covered by Article 131 of the Criminal Code of the Russian Federation.

If harm to health is caused after rape, then there is a set of crimes. For example, causing harm to health after committing rape can be qualified as a real set of crimes provided for in Art. 131 of the Criminal Code of the Russian Federation and Art. 115 of the Criminal Code of the Russian Federation.

Criminal liability for rape

The investigation of rape is carried out within the framework of criminal cases, which are initiated at the request of victims or at the initiative of the competent authorities, for example, if the rape was accompanied by the murder of the victim. About how much they give for rape is stated in Art. 131 of the Criminal Code of the Russian Federation. According to its provisions, criminal liability for rape provides for a term of imprisonment from 3 to 6 years, if the crime occurred without circumstances aggravating the guilt of the rapist (Part 1 of Article 131).

A much more severe punishment awaits the rapist if the rape involved aggravating circumstances:

imprisonment from 12 to 20 years with or without deprivation of the right to hold certain positions for up to 20 years and with restriction of freedom for up to 2 years in case of rape of a minor under 14 years of age or resulting in the death of the victim due to negligence (Part 4 Art. 131);
imprisonment from 15 to 20 years with deprivation of the right to hold certain positions for up to 20 years or life imprisonment in case of rape of a minor under 14 years old, if he had previously been convicted of a crime against the sexual integrity of a minor (Part 5 of Art. 131).

Attempted rape

Forcing a girl to have sexual intercourse against her will, attempting to rape a minor, in which the crimes are not completed (do not end with sexual intercourse), will fall under Articles 29 and 30 of the Criminal Code of the Russian Federation. According to the provisions of Art. 29, an unfinished crime, that is, an attempt at a crime is preparation for it and an attempt to commit a crime (Part 2), and criminal liability for it comes under the same article as for a completed crime (Part 3).

Criminal liability for an attempted crime occurs only for serious and especially serious crimes (Part 2 of Article 30 of the Criminal Code of the Russian Federation), and this specifically includes rape. Therefore, the term for attempted rape will be determined by the relevant part of Art. 131 of the Criminal Code of the Russian Federation.

Threat of violence

The Criminal Code of the Russian Federation does not establish special liability for the threat of rape. If such a threat can be qualified as preparation for rape and attempted rape, then the person making the threat can be prosecuted under Art. 131 of the Criminal Code of the Russian Federation. To do this, it will be necessary to establish how real the threat of rape was, what the actual intentions of the threat of violence were, and whether he proceeded to specific actions (for example, holding and undressing the victim).

The threat of rape, even if the actions of the threatening person do not show signs of preparation for a crime or an attempt on it (for example, everything is limited only to words and/or gestures), can be considered as deliberate intimidation of the victim in order to achieve some goals. This may be regarded as, for example, causing moral damage, and, accordingly, is subject to compensation in court.

Rape of minors

Rape of young children and minors is a circumstance that aggravates the guilt of rapists. Responsibility for this crime is provided for in Part 3 of Article 131 for rape of minors.

The term for rape of a minor girl is from 8 to 15 years of imprisonment with or without deprivation of the right to hold certain positions for up to 20 years and with restriction of freedom for up to 2 years.

Gang rape

Another aggravating circumstance is rape by a group of persons. For gang rape, Article 131 of the Criminal Code of the Russian Federation (Part 2) provides for imprisonment from 4 to 10 years with or without restriction of freedom for up to 2 years.

Rape using the helpless state of the victim

Rape should be understood as committed using the helpless state of the victim in cases where she, due to her physical or mental condition (dementia or other mental disorder, physical disabilities, other painful or unconscious state, young or old age or other circumstances), could not understand the character and the meaning of the actions performed with her or to resist the perpetrator, and the latter, when entering into sexual intercourse, realized that the victim was in a helpless state.

such intoxication caused by the use of alcohol, narcotic drugs or other intoxicating (psychoactive) substances that deprived her of the opportunity to understand the nature and significance of the actions being performed on her or to resist the perpetrator can be regarded as a helpless state. It does not matter whether the victim was brought into such a state by the perpetrator or was in a helpless state regardless of his actions (clauses 5 and 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16).

If the use of narcotic drugs, potent or toxic substances, any medicinal or other preparations while bringing the victim into a helpless state causes harm to her health, which must be established by an expert’s opinion, then liability arises for both physical violence and the use of a helpless state.

A helpless state is excluded if the victim is conscious, understands what is happening to her, but does not resist due to the fact that her will is suppressed by the use of violence.

According to the note to Article 131 of the Criminal Code of the Russian Federation, a victim who has not reached the age of 12 is, due to her age, in a helpless state , i.e. cannot understand the nature and significance of the actions performed on her.

If the victim has reached the age of 12, but has not reached the age of 14, in order to recognize a helpless state, it is necessary to establish that the victim could not understand the nature and meaning of the actions performed on her, which must be understood by the person and used by him to commit a crime.

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

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.

0.5

Attempted rape

Attempted rape is the commission by a guilty person of actions directly aimed at sexual intercourse with the victim against her will, if they were not completed due to circumstances beyond his control.

Attempted rape should be distinguished from other crimes related to actions of a sexual nature (Articles 132 - 135 of the Criminal Code of the Russian Federation), affecting honor, dignity, personal integrity (for example, insult by action, causing harm to health, etc.), the distinction between which is made according to content of objective and subjective characteristics.

Voluntary refusal to rape

Voluntary renunciation of rape, excluding criminal liability, in accordance with Art. 31 of the Criminal Code of the Russian Federation is possible only at the stage of preparation and the stage of attempt, i.e. before the start of sexual intercourse, when the person voluntarily and finally stops his actions, realizing the possibility of bringing the crime to an end.

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).

The motives for voluntary refusal have no legal significance; they may be fear of responsibility, fear of contracting some venereal disease, manifestation of pity, disgust, etc. In this case, a person who voluntarily refused to carry out rape to the end is subject to criminal liability if in fact the act he committed contains another crime, for example, causing harm to health, indecent assault.

Qualification of rape according to the totality of crimes

When a guilty person commits attempted rape in one case, and completed rape in another, his actions in each of the episodes are qualified independently. In accordance with the requirements of Art. 17 of the Criminal Code of the Russian Federation are subject to independent qualification in cases where two or more rapes fall under the characteristics of different parts of Art. 131 of the Criminal Code of the Russian Federation and when violent sexual acts are committed with several victims.

However, the commission of one crime by a person with qualifying characteristics provided for by different parts of one article does not form a totality.

In cases where several rapes or several violent acts of a sexual nature were committed over a short period of time against the same victim and the circumstances of their commission indicated a single intent of the guilty person to commit these identical actions, the act should be considered as a single continuing crime, subject to qualification under the relevant parts of Art. 131 of the Criminal Code (clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16).

The subjective side of rape is characterized only by direct intent. The guilty person realizes that, contrary to the will of the victim, he is having sexual intercourse with her using violence or the threat of using it against the victim or other persons, or taking advantage of her helpless state, and desires this.

The motives for a crime can be different, for example, satisfaction of sexual needs, for hire, out of revenge, forced marriage, etc., which do not matter for the qualification of a crime, but can be taken into account when assigning punishment.

The subject of the crime is a special, only sane male person who has reached the age of 14.

A female person can also be recognized as a co-perpetrator In such cases, part of the objective side of rape takes place, which is of a complex, structural nature, and the gender of the perpetrator has no legal significance.

How to mitigate the punishment when pleading guilty to rape?

In the case where a person admits his guilt, this fact in itself is a mitigating circumstance when imposing a punishment.

If the sanction of part of the article provides for a maximum penalty of up to 10 years of imprisonment, then the accused may declare the case to be considered in a special manner, and if the victim agrees to this, the maximum penalty should not exceed 2/3 of the maximum sentence.

In addition, you can try to reconcile with the victim and make amends for the moral damage caused by making a payment of funds. Taken together, all of the above points will help mitigate the punishment, unless, of course, the injured party is inclined to impose the maximum punishment on the defendant.

USEFUL : watch the video with additional tips regarding collecting characterization material on the accused, which will help mitigate the punishment for rape

Qualifying signs of rape

Rape committed by a group of persons, a group of persons by prior conspiracy or an organized group (clause “a”, part 2 of article 131 of the Criminal Code of the Russian Federation).

The concept of “group of persons” is defined in Art. 35 of the Criminal Code of the Russian Federation.

Rape should be 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 threatening to use violence against several victims, then commit forced sexual intercourse with each or at least one of them.

Rape committed by a group of persons (a group of persons by prior conspiracy, an organized group) must recognize not only the actions of the persons who directly committed forced sexual intercourse, but also the actions of the persons who assisted them by using physical or mental violence against the victim or other persons. At the same time, the actions of persons who do not personally participate in the commission of forced sexual intercourse, but who, through the use of violence or threats, assisted other persons in committing a crime, should be qualified as co-perpetrator in the commission of rape (clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16) .

However, if forced sexual acts were committed on the victim by several persons who did not provide any assistance to each other, for example, one raped, informed the other person about it, indicated where the victim was, and the other took advantage of this situation, went there and also raped her, then rape is not recognized as a group rape, the actions of each of them are qualified in the absence of other aggravating circumstances under Part 1 of Art. 131 of the Criminal Code of the Russian Federation.

Conspiracy in gang rape differs from complicity in the commission of this crime in that the organizer, instigator or accomplice does not commit the objective side of the crime (or part thereof). The organizer only organizes the commission of rape or directs the execution, the instigator induces a person to commit rape, the accomplice facilitates the commission of rape with advice, instructions, etc. If the accomplice does not provide any assistance to the perpetrator during the rape, he is not recognized as a co-perpetrator.

The commission of rape by a group of persons by prior conspiracy means that at least two persons took part in the commission of the crime, who agreed on this in advance, before the rape began.

The commission of rape by an organized group of persons is characterized by the fact that the crime is committed by a stable group of persons who have united in advance to commit one or more rapes, which can be manifested in the presence of constant and long-term connections between them, structure, leader, specific methods of organizing the group, methods of preparing to commit rape, distribution of roles, etc.

The actions of the guilty person in the specified forms of participation in gang rape are qualified under paragraph “a” of Part 2 of Art. 131 of the Criminal Code of the Russian Federation, regardless of the fact that other persons, on the grounds provided by law, cannot be brought to criminal liability, for example, due to insanity, or not reaching the age of criminal responsibility.

Rape coupled with the threat of murder or causing grievous harm to health, as well as committed with particular cruelty towards the victim or other persons (clause “b”, part 2 of article 131 of the Criminal Code of the Russian Federation).

The threat of murder or infliction of grievous bodily harm should be understood not only as direct statements that expressed the intention to use physical violence against the victim or other persons, but also such threatening actions of the perpetrator, such as, for example, demonstration of weapons or objects that can be used as weapons (clause 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16).

The specified threat must precede sexual intercourse, serve as a means of overcoming the resistance of the victim, when she had reason to fear that the perpetrator would carry out the threat, when she realizes that the threat can be carried out immediately, and therefore she does not resist.

If a threat of murder or grievous bodily harm was made after rape, for example, so that the victim would not tell anyone about what had been done and if the victim had reason to fear that this threat would be carried out, then a real set of crimes has taken place, the actions of the guilty person are subject to qualification under the relevant part of Art. 131 and under Art. 119 of the Criminal Code of the Russian Federation.

Rape is considered committed with particular cruelty if, in the process of committing it, the victim or other persons are intentionally inflicted with physical or moral torture and suffering.

Particular cruelty is associated both with the method of committing rape and with other circumstances indicating the manifestation of special cruelty by the perpetrator. In this case, it is necessary to establish that the intention of the perpetrator included committing a crime with particular cruelty. Particular cruelty can be expressed, in particular, in torture, torture, mockery of the victim, causing her special suffering in the process of committing rape, in committing a crime in the presence of her relatives, as well as in a method of suppressing resistance that causes severe physical or moral suffering to the victim herself or other persons (clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 4, 2014 N 16).

If the perpetrator showed particular cruelty after rape, then such actions form a real set of crimes and are additionally qualified as attacks on the life or health of the victim.

Rape resulting in infection of the victim with a venereal disease (clause “c” of Part 2 of Article 131 of the Criminal Code of the Russian Federation).

For rape that results in the victim becoming infected with a sexually transmitted disease, liability occurs only when it is established that it is as a result of forced sexual intercourse that the woman is actually infected with any sexually transmitted infection (syphilis, gonorrhea, chancroid, inguinal lymphogranulomatosis, etc.). If the existence of a direct causal connection between rape and infection with a sexually transmitted disease is not established, liability is excluded. In addition, liability for such rape occurs only if the perpetrator knew about the presence of such a sexually transmitted disease. Additional qualifications under Art. 121 of the Criminal Code of the Russian Federation is not required. Guilt can be either intentional or careless.

If the victim’s infection with a venereal disease led to the onset of grievous harm to health, then the actions of the guilty person are qualified under paragraph “b” of Part 3 of Art. 131 of the Criminal Code of the Russian Federation.

Statute of limitations for criminal prosecution

The statute of limitations for bringing to criminal liability for the elements of the crime provided for in parts one and two is 10 years from the date of commission. For acts provided for in parts 3 and 4 (especially serious crimes) – 15 years.

Thus, even long after the crime has been committed, it is possible to bring the perpetrator to criminal liability. However, one should take into account the fact that as time passes, it is more difficult to initiate a criminal case, since there will not be sufficient evidence of guilt.

Eg. N., having the intent to commit violent acts against P., came to her home. Using physical violence and threatening to kill, the latter committed sexual intercourse with the victim, after which he threatened to kill her if she reported this to the police. Fearing for her life, P. did not tell anyone about what had happened for a long time. A year and a half later, P. learned that N. was in prison for committing robbery. Realizing that the suspect would not be able to carry out his threats, she filed a complaint with the police to bring him to criminal responsibility for committing violent acts that took place more than a year ago. After conducting a procedural check, the investigator decided not to initiate a criminal case, since apart from the testimony of the victim herself, the fact of violent actions was not confirmed by anything.