The sexual integrity of children is protected by Russian legislation. Activities of a sexual nature involving a child under sixteen years of age are prohibited by law. Their commission is subject to criminal punishment.
The Criminal Code of the Russian Federation contains more than one article, which provides for strict punishment both for direct sexual contact with a minor, and for any actions towards a child that were of a sexual nature, but did not lead to sexual contact. All of the above actions can have an impact on how the teenager's psyche will develop in the future.
Violation of the sexual integrity of a minor is punishable to the fullest extent of the law. Criminals who committed such a crime through violent acts are judged most severely.
Basic Concepts
In accordance with the norms of criminal law, rape is the carrying out of sexual acts against the will of a woman using violence or under the threat of its use against the victim or other persons.
But an attempt at violent action will constitute an unfinished crime, which will be expressed in preliminary preparation for a crime and an attempt to commit unlawful actions. As practice shows, if violence does not take place, it is extremely difficult to prove the fact of an attempt, since often no obvious traces remain. In such a situation, it is better to immediately contact the police, inform close relatives about the incident and bring on your side a qualified lawyer who will help you draw up the right strategy to bring the culprit to justice.
All acts related to the sexual influence of one person on another are unacceptable, since they neglect the freedom of the victim, his right to self-determination and choice. At the same time, rape is characterized by a special degree of severity, since such actions are often accompanied by violence and harshness on the part of men against the fairer sex.
Corruption of minors, Criminal Code of the Russian Federation
A child under the age of twelve is considered a minor. Young children are most protected by law, and therefore the Criminal Code of Russia provides for the most severe punishment for seduction of minors. In Russia, criminals are tried for pedophilia - the crime of seducing a minor is determined by Article 134 of the Criminal Code, if the victim is under 16 years of age. This article states what responsibility a criminal will bear for sexual contact with a child if the action was not violent.
In this case, the object of the crime is the natural physiological and mental development of the child. A minor of any gender is considered a victim of seduction. The crime is defined as rape if the sexual intercourse was forcible. A child who, due to his small age, does not yet understand what exactly is happening to him will also be considered raped.
Rape: corpus delicti
In Art. 131 of the Criminal Code of the Russian Federation determines that sexual intercourse with the use of violence or threats will be recognized as rape. At the same time, it is worth noting that a woman will be recognized as a victim in an attempted rape. In the event that a man is raped by another man, or forced to have intercourse by a woman, then this act will be interpreted as violent acts of a sexual nature.
The legislation states that attempted violence is characterized by awareness on the part of the perpetrator of his actions and their consequences. And in order to classify the crime of rape, the following signs must be present:
- There is a fact of committing an unlawful act, as well as a statement from the victim about rape or attempted rape;
- The person who committed the rape or planned it has been identified. At the same time, the offender must be over 14 years old to be held fully accountable under current legislation;
- To achieve his goal, the criminal used violence in any form, in particular, driving him into a state of insanity with the help of drugs or alcohol, threats and blackmail against the victim, or depriving a person of the opportunity to move freely.
In general, the classification of rape will be as follows:
- A certain amount of physical force was applied to the victim, accompanied by beatings, beatings and keeping her in a sedentary state.
- The victim was influenced with the help of special psychotropic substances, narcotic or alcoholic drugs and special libido stimulants, which caused an unreasonable aggravation of sexual desire.
- The victim was forced to perform sexual acts against her will through moral pressure and threats. In particular, they may relate to certain information, the disclosure of which is undesirable for the victim, threats to disseminate false information, intimidation of physical violence against the victim or her loved ones.
We also note the fact that the crime cannot be determined in situations where a woman agrees to sexual contact in exchange for a certain material reward, a promise of marriage or various material benefits. If certain circumstances related to communications of material well-being are established, then in this case the absence of the fact of rape will be confirmed, and the accused will be able to avoid responsibility on the basis of the law.
How to prove mutual consent to sexual intercourse?
Rape does not always actually occur because the sexual intercourse was consensual. How can such consent be proven if the victim claims rape? Let's consider several options for evidence before initiating a case, since most often the prosecution supports the victim and does not take into account the words of the defendant:
- Availability of objective evidence . If there is any correspondence related to the meeting between the accused and the victim, the purpose of which was to jointly satisfy their needs for sex, then such correspondence must be provided to the investigator. Also, evidence includes photographs, videos, audio files
- Availability of witnesses . If there are witnesses who could, even indirectly, confirm the relationship between the accused and the victim, their joint desire to have sex, their behavior after the act, then such witnesses should be questioned according to the circumstances of the case.
- The behavior of the victim . In a situation where the victim blackmails her partner after sexual intercourse, extorting money, this fact must be recorded using audio recordings, video recordings, witness statements, etc. In this case, it is necessary to record the fact of blackmail as much as possible, play for time, “playing along” with the alleged victim, while simultaneously turning to law enforcement agencies for help in order to carry out activities related to recording the fact of extortion on the part of the victim.
At the same time, “playing along” with the victim should not involve consent to commit a rape that did not occur. In this matter, it is better to first consult with a lawyer and jointly decide on the tactics of action.
Attempted violence
In accordance with the provisions specified in Article 131 of the Criminal Code of the Russian Federation, all actions that precede direct sexual contact can be classified according to a variety of criteria:
- Attempted violent acts that are aimed at interfering with a woman’s freedom of choice of a sexual partner;
- a specific attempt that did not result in sexual contact due to the victim’s escape, or other circumstances that prevented the offender from fulfilling his plans;
- Attempted rape , which did not take place due to the voluntary refusal of the offender due to persuasion, statements or requests of the potential victim.
Statute of limitations for criminal prosecution
The rapist may be released from liability after the statute of limitations for the crime committed has expired (Article 78 of the Criminal Code of the Russian Federation). Rape is a grave and especially grave crime; the statute of limitations under Article 131 of the Criminal Code of the Russian Federation is:
- 10 years for parts 1 and 2 (“ordinary” and gang rape);
- 15 years for parts 3, 4 and 5 (rape of a minor, rape resulting in negligence inflicting grievous bodily harm or death of the victim, infecting her with AIDS or other grave consequences).
Criminal liability for attempted rape
Attempted rape, in contrast to preparation for committing an act, consists of committing certain acts aimed at unlawful sexual contact, but not committing it due to certain circumstances that prevented the attacker from finishing what he started. It is worth noting that such situations are characterized by particular complexity, since it can be extremely difficult to prove an attack on sexual freedom. However, it will not be possible to avoid punishment if the injured party prepares an evidence base. The only question will be how much they give for the attempt in accordance with the law.
The Plenum of the Supreme Court on June 15, 2004 determined that an attempt to commit violence related to the violation of human rights to sexual freedom of choice will be qualified according to two standards at once - Part 3 of Article 30 of the Criminal Code of the Russian Federation and Part 1 of Article 131 of the Criminal Code of the Russian Federation . However, it is worth noting that cases regarding rape or attempted rape have many features, and therefore specific measures will be established in accordance with the facts that were presented to the court, as well as through the evidence base that will be prepared by the injured party and its defenders.
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Dmitry Leonov
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Cases of false accusations of rape
There is a lot of talk about this. The accusation of rape becomes a tool of revenge, manipulation, and blackmail. When the deception is revealed, the slanderer receives no more than 1 year probation. Despite the fact that a man on a false accusation can spend six months in a pre-trial detention center, if not more.
Case 1.
The guy and the girl had a fight. She left his house, and then returned with two other friends, who broke the windows of the unwanted man. The next day he reported this to the police, and the girl, in retaliation, wrote a statement of rape.
That time everything ended well, because the avenger’s conscience spoke and she withdrew the statement. The young man was not put in a pre-trial detention center, and the case did not go to trial.
Case 2.
A man had an argument on the street with another man, clearly an alcoholic. His partner stood up for the latter. The man pushed her away and she fell. The next day she accused him of rape, and explained the minor abrasions received during the fall as violence. It later turned out that this was slander.
That man was kept in a cell for 4 months. 4 months for slandering a completely innocent person.
Case 3.
A minor accused her boyfriend of rape. He was charged under Part 3 of Article 131 of the Criminal Code of the Russian Federation “Rape”; the young man faced a sentence of 8 to 15 years in prison. The case went to court.
But fortunately, the truth was revealed at the trial. It turned out that the girl had another “main” young man, and this one was an “additional” one. And so that the truth about the relationship with the “additional” would not come out, she slandered him. The young man spent a year in a pre-trial detention center.
Case 4. The conviction remained in force even after the denunciation was found to be false.
6 men were convicted in the Meshchansky Court of Moscow for gang rape. Despite the fact that the “victim” herself did not even slander anyone. A bureaucratic error occurred, and six men were sent to pre-trial detention, despite the fact that the “victim” contacted the police with a statement that there was no rape.
There was no rape, but there was a trial. And the verdict was guilty.
It is important to know: the last case seems impossible, unthinkable. But all this really happened in Moscow in 2011. The punitive machine is designed in such a way that it needs to imprison someone. It would seem, how could such cases pass through the investigator, prosecutor and judge and not fall apart? But no one seemed to care. Therefore, you need an experienced criminal lawyer - a defender who knows the techniques of legal struggle.
Punishment for child molestation
For indecent acts with a minor (Article 135 of the Criminal Code of the Russian Federation), the offender will receive from 3 to 5 years in prison or 440 hours of forced labor. Separately, it should be noted the presence of certain circumstances in the case and the punishment for them:
- crime against a minor (child under 12 years of age) – sentence 8 years;
- indecent acts with several children at once - 8-12 years in prison;
- the crime was committed by a group of people - 15 years of strict regime.
It is important to note that criminal liability for the offender will occur if he was 18 years old at the time of the crime, the victim was under 16, and he was immature.
Help from a rape lawyer in Yekaterinburg
In addition to the circumstances listed above, it is also necessary to take into account the fact that both the court and law enforcement agencies take the position of victims in advance in this category of cases, and an equally important factor is public opinion. And a situation arises where the suspect, accused or defendant, accused under Article 131 of the Criminal Code of the Russian Federation, is guilty in the eyes of others and is forced to take the position of an acquittor, which is a rather difficult task. This is where a rape lawyer can help you.
Paying attention to the public's attitude towards men accused of rape, a lawyer will help you stop illegal actions on the part of the pre-trial detention center administration and other inmates through a timely complaint.
The rape lawyer of the Law Office “Katsailidi and Partners” will study the evidence already collected by the investigation, hold a meeting with you in order to find out the circumstances of the case from you, listen to you on the circumstances of the case, develop together with you a line of defense and a position on the case, if necessary on our part, we will ensure that a lawyer travels to a pre-trial detention center or other place of detention of the accused (suspect) of a crime
Commentary on Article 131 of the Criminal Code of the Russian Federation
1. The victim of a crime can only be a female person, regardless of her relationship with the perpetrator (husband, cohabitant, etc.).
2. The criminal law establishes three forms of rape: 1) sexual intercourse with the use of force; 2) sexual intercourse with the threat of violence; 3) sexual intercourse using the helpless state of the victim.
3. Rape should be understood only as natural sexual intercourse, when the perpetrator is a man and the victim is a woman. All other violent acts of a sexual nature, including natural sexual intercourse, when the perpetrator is a woman and the victim is a man, are qualified under Art. 132 of the Criminal Code.
4. The first and second forms of the act involve sexual intercourse with a woman against her will and consent. The act has a complex structure and consists of two mandatory actions: physical or mental impact and sexual intercourse.
The actions of a person who induces a woman to commit sexual intercourse through deception or abuse of trust, for example, a knowingly false promise to marry her, cannot be considered rape.
Violence should be understood as physical coercion used as a means of suppressing the victim’s resistance. It may consist of holding, binding; causing beatings, minor or moderate harm to health. If, during rape, grievous harm to health is intentionally caused, the actions of the perpetrator are qualified under the relevant part of Art. 131 and in conjunction with the crime provided for in Art. 111 of the Criminal Code. The actions of a person who intentionally caused serious harm to the health of the victim during the process of rape, resulting in her death through negligence, in the absence of other aggravating circumstances, should 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.
The threat of violence is understood as intimidation of the victim, the commission of such actions that indicate the intention to immediately use physical violence, up to and including causing moderate harm to health. Thus, in Part 1 of Art. 131 we are talking about the threat of beatings, minor and moderate harm to health; the threat of murder and infliction of grievous bodily harm is covered by paragraph “b” of Part 2 of Art. 131.
Violence and the threat of its use can be applied both to the victim and to other persons in whose fate the victim is interested, for example, to her pupils.
5. The third form of rape involves the victim being in a helpless state, i.e. in which she: a) due to her physical or mental condition (young age, physical disabilities, mental disorder or other painful or unconscious state) could not understand the nature and meaning of the actions performed on her; b) understood the nature and significance of the actions being performed on her, but could not resist the perpetrator.
In both cases, the perpetrator must be aware that the victim is in such a state.
Rape of a victim who is in a state of alcoholic intoxication can be considered committed using a helpless state only if there is such a degree that it deprived the victim of the opportunity to resist the perpetrator. It does not matter whether the perpetrator himself brought the victim into such a state (for example, gave her alcohol, offered drugs) or took advantage of the fact that she was in such a state regardless of his actions.
6. The crime is considered completed from the moment the sexual intercourse begins. If violence was used, but sexual intercourse itself was not initiated for reasons beyond the control of the perpetrator, then the act should be considered as attempted rape.
7. The subjective side is characterized by direct intent. The motives for the crime can be different: satisfaction of sexual passion, revenge, the desire to force the victim to marry, etc.
8. A special subject of a crime is a male person who has reached the age of 14 years. The co-perpetrator of the crime may be a woman.
9. Rape committed by a group of persons (clause “a”, part 2) should be understood as cases where the perpetrators who took part in the rape acted in concert against the victim. The actions of not only those who committed a violent sexual act, but also those who contributed to this by using violence against the victim should be qualified as gang rape.
Persons who assisted the perpetrator in other ways, such as by providing premises or weapons of intimidation, are held liable for aiding and abetting rape.
10. Rape should be recognized as committed with particular cruelty if, in the process of committing it, the victim or other persons were deliberately inflicted with physical or moral torture and suffering. Particular cruelty can be expressed in mockery and mockery of the victim, torture during rape, infliction of bodily harm, committing a crime in the presence of her relatives or friends, as well as a method of suppressing resistance that causes severe physical or moral torture and suffering to the victim herself or other persons.
11. Particular cruelty shown after rape requires independent classification as an attack on life or health.
12. Rape resulting in infection of the victim with a sexually transmitted disease (clause “c” of Part 2) is recognized as sexual intercourse, as a result of which the woman is infected with a sexually transmitted infection: syphilis, gonorrhea, etc. Responsibility for the type of rape in question can occur when when the perpetrator knew that he had such a disease.
13. A minor (clause “a”, part 3) means a victim who has reached the age of 14, but has not reached the age of majority. The sexual maturity of the victim of violence is not important for the legal assessment of the act.
14. Other serious consequences (clause “b”, part 3) are any other consequences of this type that are not attributable to serious harm to health and HIV infection. This concept is evaluative. However, it must be borne in mind that the specified harm must occur directly from rape or attempted rape.
15. Rape, which through negligence resulted in the death of the victim, is covered by paragraph “a” of Part 4 of Art. 131. Death can be either a consequence of the actions of the perpetrator or the victim herself, who, due to the prevailing circumstances, trying to avoid rape, commits actions that entail the indicated consequences, or, being in a state of stress, commits suicide. If the death of the victim did not occur as a result of rape, but as a result of leaving her in danger, the crime constitutes a set of crimes classified under Part 1 of Art. 131 and art. 125 of the Criminal Code.
The subjective side of this crime is characterized by negligence.
16. In paragraph “b”, part 4, art. 131 identifies a qualifying feature related to the age of the victim: rape of a victim under 14 years of age. In cases where first there was rape of a minor, and then sexual intercourse with her without violence, the actions of the perpetrator are subject to qualification according to the totality of crimes (Articles 131 and 134 of the Criminal Code). Non-violent sexual intercourse with a person over 16 years of age does not constitute a crime.
17. Federal Law of February 29, 2012 No. 14-FZ Art. 131 has been supplemented with Part 5, which provides for increased criminal liability for committing the act specified in paragraph “b” of Part 4 by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor (Articles 131 - 135, 240 - 242.2 of the Criminal Code).
