General characteristics, concept and types of sexual crimes

The “sexual revolution” in developed Western countries manifested itself rapidly in the 60s. XX century Although in the 80s. and it was argued that in our country there is “no sex,” however, the “sexual revolution” did not escape Russia either. So, if in the 60s, according to surveys of 25 students under the age of 18, 29% of boys and 9% of girls had sexual intercourse, in the 70s. - 50 and 25%, respectively, then in the 80s. — 70% of high school students have had sexual intercourse. And an anonymous survey of a number of Moscow schools showed that 50% of the girls surveyed had their first sexual intercourse at the age of 13-14, and for 9% even earlier*(249). If you look at the statistics of the most common sexual crimes, such as rape (about 80%), you may get the erroneous impression that the sexual activity of the population (more precisely, the criminogenic part of it) has decreased somewhat in recent years. Thus, in 1987, 10,902 rapes and attempted rapes were committed, in 1990 - 15,010, in 1998 - 9,014 * (250). Some processes in recent years, even negative ones, of course, restrain the growth of these crimes (liberalization of the sexual sphere, making sexual contacts more accessible, the actual legalization of prostitution, the spread of HIV infection, etc.). However, the actual state of affairs is far from statistical prosperity. Destabilization of the situation in the country, an increase in crime (in 1987, 1,185,914 crimes were committed in Russia, in 1998 - 2,581,940, which amounted to 217.7% * (251)), escalation of various forms of violence, high level of serious violent crimes, weakening of the fight against “background” crimes (hooliganism, causing harm to health, illegal possession and carrying of weapons), an increase in the number of drug-related crimes, impunity for many crimes, indicating the ineffectiveness of victims’ appeals to law enforcement agencies, fear of retaliation from on the part of the criminals - all this indicates that the real number of the most serious sexual crimes, such as rape, is two to three times higher than officially registered. This is also evidenced by a significant decrease in cases of attempted rape - the most latent violent sexual crimes. In 1985, such cases accounted for 35% of the total number of rape cases, and in 1995 - 14.1%. The high latency of rape is not unique to Russia. For comparison, it can be noted that in the United States, where the level of officially registered rapes is much higher than ours (94,504 rapes were registered there in 1989), according to published data, 25% of American women have been raped at least once in their lives, but less than 10% of them reported this to the relevant authorities.

The legal literature provides various definitions of sexual crimes. Thus, Y.M. Yakovlev defined sexual crimes as socially dangerous acts provided for by criminal law, encroaching on sexual relations, inherent in the sexual structure that has developed in society, consisting in the deliberate commission of sexual actions in order to satisfy the sexual needs of the subject or other specific person, violating sexual interests the victim or sexual relations between persons of different sexes that are normal for this way of life * (252). Similarly, B.V. Danielbek defines a sexual crime as a socially dangerous act provided for by criminal law, of a sexual nature, encroaching on the normal structure of sexual relations in society, committed to satisfy one’s own or someone else’s needs * (253). A.N. Ignatov, criticizing these definitions of sexual crimes, writes that in these definitions, firstly, the characteristics of the act are divorced from sexual morality as the main regulator of sexual relations and, secondly, the possibility of recognizing socially dangerous actions committed as a sexual crime is excluded not for sexual reasons * (254). It can be added to the criticism of A.N. Ignatov that, taking into account the criminalization of forced sodomy and lesbianism, it is unnecessary to indicate that sexual crimes encroach on sexual relations between persons of different sexes.

Fairly considering that in relation to the field of criminal law, any crime is immoral behavior, but only some crimes violate the norms of sexual morality, A.N. Ignatov defines sexual relations as socially dangerous acts that grossly violate the established way of sexual relations in society and the basic principles of sexual morality aimed at satisfying the sexual needs of the perpetrator himself or other persons. While generally agreeing with the definition of sexual crimes given by A.N. Ignatov, it should be noted that, since the number of sexual crimes includes indecent acts against minors, this definition needs to be supplemented: “as well as deliberate actions directed against the moral and physical development of persons under 14 years of age.” The specific object of sexual crimes is sexual integrity and sexual freedom of the individual. As A.V. Korneeva writes, “the specific (group) object of these (sexual) crimes is the totality of social relations that ensure sexual integrity and sexual freedom of the individual” * (255). N.K. Semerneva, similarly defining the object of sexual crimes, adds that in Art. 134, 135, as well as in paragraph “e”, part 2 of Art. 131, paragraph “c”, part 3, art. 131, paragraph “e”, part 2, art. 132, paragraph “c”, part 3, art. 132 of the Criminal Code, an additional object is the physical and moral development of children and adolescents * (256). One can hardly agree that in Art. 135 of the Criminal Code (depraved acts), the physical and moral development of children and adolescents is an additional object. In depraved acts this is the main object, not an additional one. Sexual integrity and sexual freedom of the individual in depraved acts are neither the main nor an additional object. The specific object of the crimes included in Chapter. 18 of the Criminal Code, wider than indicated in the title of the chapter. The specific object of these crimes is the personality and the way of sexual relations, based on the norms of sexual morality. What is common to all sexual crimes is that their objective side is expressed in active actions through which harm is caused or a threat of harm is created to the sexual interests of the individual. According to the legislative structure, according to A.V. Korneeva, sexual crimes are of a formal nature, with the exception of qualified types of rape. N.K. Semerneva takes a similar position, arguing that the elements of sexual crimes (main) are formal. It seems to us that these statements are inaccurate, because not only the basic compositions are formal, but also some qualified compositions that do not provide for the occurrence of any consequences as a mandatory feature. For example, rape committed repeatedly or by a person who has previously committed violent acts of a sexual nature (clause “a”, part 2 of article 131 of the Criminal Code). All sexual crimes are committed only with direct intent. A sexual motive is not a mandatory feature, since rape is possible, for example, out of hooligan motives, out of revenge, in order to obtain the victim’s consent to marriage, and when a person is forced to commit an act of a sexual nature with a third party, selfish or careerist motives are possible and goals. Arguing that sexual goals are not specific only to sexual crimes and therefore cannot be used as the basis for delimiting these crimes from others, M.D. Shargorodsky wrote about the possibility of a sexual goal when committing other (and not just sexual) crimes (for example, murder sexual psychopaths with sadistic tendencies; exhibition in a public place, grossly violating public order and expressing clear disrespect for society; theft of women's toiletries by fetishists) * (257). Sexual impulses are also possible when committing not only sadistic, but also masochistic actions. Thus, Anton Neumayr writes that Hitler asked his mistresses to trample him with their feet, which greatly excited him. “To obtain complete sexual satisfaction, Hitler needed a woman to squat over his head and urinate on his face” * (258). Such actions, obviously, did not pass without leaving a mark on the psyche of women. It is no coincidence that many women close to Hitler committed suicide (including the famous film actress Renata Müller) or attempted suicide (Eva Braun twice tried to commit suicide) * (259). The subject of sexual crimes can be sane persons who, depending on the composition, have reached 14, 16 and 18 years of age. Sexual crimes are classified on various grounds. Thus, N.G. Ivanov and Yu.I. Lyapunov, basing the classification on the characteristic features of the method of committing the act, divided sexual crimes into four groups: 1) combined with sexual intercourse (with rape) - Art. 131 CC; 2) not connected with sexual intercourse (not being rape) - Art. 132 CC; 3) depraved actions that have their own specific characteristics - Art. 135 CC; 4) acts of a universal nature - sexual intercourse and other actions of a sexual nature with a person under 16 years of age - Art. 134 of the Criminal Code (as amended before the adoption of the Federal Law of June 25, 1998 * (260) This classification is unlikely to be successful. The group of crimes associated with sexual intercourse includes not only rape, but also crimes provided for in Article 133, 134 of the Criminal Code, and in the group of crimes not associated with sexual intercourse - crimes established by Articles 132 and 135 of the Criminal Code. Based on their own specifics, then when classifying any crimes, each of them should be allocated to a separate group. Finally, an indication of the universal character is too general and does not define any characteristics of the crime included in this group. Most authors classify sexual crimes based on the direct object. Thus, A.V. Korneeva divided sexual crimes into two groups: 1) attacks on sexual freedom and sexual inviolability of the person : rape (Article 131 of the Criminal Code), violent acts of a sexual nature (Article 132 of the Criminal Code), coercion to perform acts of a sexual nature (Article 133 CC); 2) attacks on sexual freedom, sexual integrity, moral and physical health of minors: sexual intercourse and other actions of a sexual nature with a person under 16 years of age (Article 134 of the Criminal Code as amended), indecent acts (Article 135 of the Criminal Code)*( 261). Obviously, one cannot talk about sexual freedom in relation to minors, and about sexual integrity in relation to an adult woman. In our opinion, there is no encroachment on either sexual freedom or sexual integrity when committing criminal acts of a sexual nature. For the victim, such actions are an outrage against his person, and not sexual intercourse. It is typical that in places of deprivation of liberty, when they want to humiliate a person, to “put him down”, violent acts of a sexual nature are committed against him. These actions are considered a sexual crime when viewed from the perspective of the perpetrator. Based on this, all sexual crimes based on the direct object can be divided into three groups. These are crimes the direct object of which is: 1) sexual freedom, health and honor of an adult: rape (Article 131 of the Criminal Code), compulsion to have sexual intercourse (Article 133 of the Criminal Code); 2) sexual integrity and normal physical, mental and moral development of minors: rape of minors and minors (clause “d” part 2 and clause “c” part 3 of article 131 of the Criminal Code), sexual intercourse and other actions of a sexual nature with by a person under 14 years of age (Article 134 of the Criminal Code), indecent acts against minors (Article 135 of the Criminal Code); 3) relationships involving harm to the health, honor and dignity of an individual: violent acts of a sexual nature (Article 132 of the Criminal Code), compulsion to commit sodomy, lesbianism or commit other acts of a sexual nature (Article 133 of the Criminal Code).

Horrifying statistics

The majority of persons, more than 2/3, who are guilty of sexual crimes, the share of which in the total mass of unlawful acts remains at a stable level and amounts annually in our country from 0.18% to 0.20%, were diagnosed with psychosis during a psychiatric examination, appearing in childhood or adolescence, and for the majority it is caused by violence committed against them, with personal complicity or in their presence. The rest of the mass of sexual abusers perform similar actions for one of the following reasons or a combination of them:

curiosity and desire for dominance;
insanity due to heavy drinking of alcohol or other substances;
participation in the group;
provocation on the part of the “victim”, aimed at the basis for slander and blackmail;
revenge from a former partner or for other reasons.

Now, knowing about the causes of sexual (sexual) crimes, let's consider the types of such atrocities.

Investigation methodology

Procedures for confirming the fact of an offense against the freedom of choice of a sexual partner or sexual inaccessibility require careful consideration of the circumstances and proof of the fact of the commission of an illegal offense, which should not be limited to the statement of the injured person, since it may be false or slander.

That is why the priority for proving guilt is to establish the location of bodily fluids (saliva, semen, blood) or particles of skin and hair of the rapist on the body of the injured subject, in particular on the genitals . This allows for unambiguous evidence of intimate contact, as well as scratches or other injuries on the attacker’s body that match the victim’s nails or teeth.

Witness testimony can help establish the fact that the victim and the rapist knew each other or confirm the violence that occurred if they became its unwitting participants, but their testimony requires verification, and the person should not be interested.