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.
Is it possible to avoid being falsely accused of rape?
To avoid being falsely accused of sexual assault, you need to be extremely careful about casual sex, especially with strangers. However, even this is not a guaranteed option to eliminate all risks, because cases are often investigated in which the wife accused her husband of rape due to personal hostility or other motives.
What may indicate potential danger when entering into an intimate relationship? You should be wary under the following circumstances:
- an unfamiliar partner unnaturally easily agrees to sexual contact, or by her behavior actively provokes a man into an intimate relationship;
- if during sexual contact a woman behaves in an unnatural way that does not correspond to the situation - she demonstratively tears clothes, provokes minor injuries to the body, etc.;
- if before sexual intercourse or during contact a woman repeatedly and pointedly expresses disagreement with an intimate relationship, but continues provocative actions with her behavior.
However, even explicit consent to sexual intercourse or adequate behavior by a woman cannot guarantee that a police report will not be filed. Often the motive for accusation is formed spontaneously and can be caused by the behavior of a man after an intimate relationship. For example, refusing to continue a relationship may lead to feelings of revenge or jealousy, and a false accusation of rape may be based on actual sexual intercourse.
If a woman accuses her partner of rape, she must not only file a police report, but also undergo a medical examination. As a result of the examination, the fact of sexual contact will be established, traces of physical damage will be identified on the victim’s body, etc. If the application identifies a specific man as a suspect, he will also have to undergo a medical examination.
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.
How to remove false accusations?
The simplest and most obvious option to eliminate any charge of rape is to prove that there was no sexual contact with the victim. This can be confirmed in various ways - from providing an alibi with the help of witnesses to the results of a medical examination of the victim. It is advisable to present this evidence at the pre-investigation stage in order to avoid the initiation of a criminal case.
If the fact of an intimate relationship is confirmed by the result of a medical examination, it is necessary to prove the absence of the mandatory signs of rape:
- the fact of voluntary consent to sexual contact can be confirmed by the situation or witnesses (for example, when the suspect and the victim were in company until the moment of solitude);
- the absence of signs of struggle, bodily injuries or cries for help may indicate the woman’s voluntary consent to intimate relations;
- If the man's threat was non-violent, a rape charge cannot be brought. For example, if compulsion to have sexual intercourse was accompanied by the threat of destruction of property or blackmail, punishment will follow under Art. 133 of the Criminal Code of the Russian Federation).
At the same time, when checking the victim’s statement, it is necessary to pay attention to the possible reasons and grounds for the man’s slander. For example, if a woman’s immoral behavior is known to law enforcement agencies or witnesses, denunciation of rape may be intended to improve her financial situation.
In any case, if you are groundlessly accused of rape, with the help of a lawyer you need to establish possible motives for slander and false denunciation. All arguments of the defense attorney and the accused are required to be verified by the investigative authorities and the court.
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.
When is it applied and what is the punishment for violating Article 131 of the Criminal Code of the Russian Federation
cover the topic of sexual integrity, including for minors. Our editorial lawyers advise you to familiarize yourself with.
Art.
131 distinguishes between acts against minors and juveniles.
Minors include children under 14 years of age. Minors - those under 18 years of age. Committing an act against persons under 14 years of age carries the most severe penalties, as well as a ban on working in certain positions.
If a similar act was committed repeatedly, the severity of the punishment increases.
The minimum term for rape is 3 years in prison.
Sources
- Law and Economics No. 06/2012 / Absent. - M.: Justitsinform, 2012. - 145 p.
- Timofey, Nikolaevich Radko Theory of state and law in schemes and definitions / Timofey Nikolaevich Radko. - M.: Prospekt, 1981. - 403 p.
- Law and Economics No. 12/2011 / Absent. - M.: Justitsinform, 2011. - 964 p.
- Law and Economics No. 09/2011 / Absent. - M.: Justitsinform, 2011. - 357 p.
- Rules for recreational fishing in reservoirs of fishery importance in the Tver region. Reference publication / Team of authors. - M.: Publishing solutions, 2015. - 206 p.
Rape Lawyer - Rape Help, Rape Lawyer
Rape lawyer (499) 340-14-80
It is not without reason that crimes against sexual integrity are among the most serious and condemned illegal actions in jurisprudence. Rape victims suffer severe harm of various types: moral damage, physical injury, psychological shock and violence. But, despite such consequences, many crimes of this nature remain hidden from justice, since the victims are not able to withstand the complex of investigative actions and lengthy court hearings. Also, victims do not always have faith in the reliability of the judicial system and are afraid of social censure or publicity.
Qualified assistance for rape
Every person who has suffered from violence requires the qualified assistance of a criminal lawyer. Working with a psychologist provides only moral support, and legal assistance in case of rape leads to satisfaction, restoration of justice and peace of mind! After all, it is impossible to live in constant fear, and the knowledge that the criminal is isolated and will not cause further harm allows you to find peace of mind.
A rape lawyer specializes in such situations, knows how to prove rape, and is a good psychologist. He will be able, without injuring or irritating, to find out the main details of a difficult event and formulate a plan for further action. Therefore, if you or your loved ones need help after rape, the best solution would be to contact a specialist.
What to do after rape
If this happens, the victim, first of all, needs professional support and medical assistance for rape. But before that you need to contact the police and undergo an expert examination. The main evidence of a crime is biological material, bruises and abrasions, so you need to make every effort and collect maximum evidence confirming rape.
A lawyer who can provide professional assistance after a rape should be hired as quickly as possible. It is best if a rape lawyer accompanies the victim in all investigative and judicial activities from the very beginning.
How to prove rape or attempted crime
Every person is sure that he will never need a rape lawyer. But in life, anything happens, and in such situations it is better to be informed about how to prove attempted rape or what to do after rape to optimally resolve the situation.
1. How to prove attempted rape
There is an article for such a situation, but only an experienced criminal lawyer specializing in this area knows how to prove attempted rape. If there were no witnesses, video recordings or other clear evidence, then it will be extremely difficult to prove criminal intent, something only a truly successful rape lawyer can do.
2. How to prove rape
In this case, too, a rape lawyer will become the best adviser and assistant. The difficulty lies not only in collecting evidence, but also in the psychological aspect of the case. Almost no victim will be able to find out how to prove rape and organize the process on their own. Therefore, even when contacting the police, the victim must obtain the help of a rape lawyer, who is provided free of charge.
But more effective solutions will be achieved by a rape lawyer hired from a reliable company.
Rape lawyer - how to find such a specialist
This is not the most popular area in jurisprudence, but one of the most important. Assistance in cases of rape should be provided by an experienced and competent specialist who is familiar with judicial practice on this issue. You should look for such a lawyer in a legal office, where real legal professionals gather.
A lawyer from the legal center will provide the victim with qualified assistance after rape, collect the maximum possible amount of evidence, help restore justice and achieve legal punishment for the criminal.
