Threat of violence article

1. Robbery as a form of theft meets all its objective and subjective characteristics (see commentary to Article 158). The peculiarity underlying the separation of robbery into an independent structure is the open method of confiscating someone else's property.

2. To recognize the theft as open, it is required that the seizure of property occurs in the presence of the owner, legal owner or third parties who are aware of the illegal nature of the actions of the perpetrator. If the persons present during the seizure of property are not aware of its criminal nature, the act is not robbery, but theft (see commentary to Article 158).

3. To recognize an act as robbery, it is necessary that the culprit himself is aware of the open nature of the theft and understands that his actions are observed by strangers, whose reaction he neglects.

If the culprit intended to commit theft secretly, but, having been caught in the act, proceeded to open action, the crime committed should be considered robbery. Such escalation of theft into robbery is possible before complete possession of the property.

4. A typical robbery is a snatch, i.e. a sudden seizure of someone else's property, carried out without the intention of exerting physical pressure on the victim.

5. Robbery is considered completed from the moment of taking possession of someone else’s property and gaining the opportunity to dispose of it at one’s own discretion. A failed attempt to take possession of property openly is considered an attempted robbery.

6. Open actions aimed at taking possession of someone else’s property for the purpose of its destruction, committed for hooligan motives or for the purpose of its temporary use or in connection with an actual or alleged right to this property do not constitute robbery. Depending on the circumstances of the case, such actions must be qualified under Art. Art. 167, 213, 330, etc.

7. The qualifying features of robbery in Part 2 and Part 3 of this article coincide with the qualifying features of theft (see commentary to Article 158). A qualifying feature specific to robbery is the use of violence that is not dangerous to life or health, or the threat of using such violence (clause g, part 2, article 161).

8. By highlighting violent robbery as a qualified element, the legislator proceeds from the increased social danger of the actions of the perpetrator, who, in order to take possession of someone else’s property, chooses a method expressed in an attack on the person. The fact of the use of violence changes the legal essence of robbery. Under such circumstances, in addition to property relations, harm is caused or a threat of harm is created to the health of citizens or personal freedom.

9. Violence that is not dangerous to the life or health of the victim includes the infliction of minor harm to health, which does not cause short-term health disorder or minor permanent loss of ability to work. These are superficial injuries in the form of small wounds, bruises, abrasions, etc. The category of such violence also includes beatings and other violent actions associated with causing only physical pain to the victim, but not entailing the consequences specified in Art. 115 of this Code. This also includes minor short-term consequences that lasted no more than 6 days, mild ailments that did not leave visible traces.

10. The concept of violence that is not dangerous to health also includes the deprivation or restriction of the freedom of the victim, if these actions are aimed at depriving him of the opportunity to prevent the seizure of property.

11. An important element in the robbery is an indication of the threat of violence that is not dangerous to life or health. Of course, mental violence used in attacks is usually expressed in extreme forms of intimidation. At the same time, cases of threats of violence that clearly do not pose a danger to the health of the victim cannot be excluded. In practice, establishing the nature of the threat presents certain difficulties, since we have to deal not with actually caused harm, but with probable, assumed harm. This issue must be resolved taking into account the location of the crime, the number of criminals, the inability to call for help, etc.

12. Robbery is violent only if the violence used served as a means of taking possession of property or as a means of retaining it immediately after detention. Therefore, the violence that the perpetrator uses in order to avoid arrest after the end of the theft cannot turn it into robbery.

World of violence

The World Health Organization (WHO) states that every third woman in the world has experienced physical or sexual violence at least once in her life. In most cases, the source of violence was not a random person, but an intimate partner or acquaintance.

It may seem that sexual violence is primarily a third world problem. But this is a fallacy.

According to the World Population Review website, the five countries with the highest rape rates (per 100 thousand population) are as follows:

Botswana (92.93),
Australia (91.92),
Lesotho (82.68),
South Africa (72.10),
Bermuda (67.29).

As we can see, fairly prosperous Australia is in second place. And following the top five is seemingly quiet Sweden. Belgium and the USA occupy 12th and 13th places, respectively. But in many Asian countries, rape rates are low.

I must say that Russia looks relatively decent on this list - 72nd place. But here we must take into account that the statistics included only data from law enforcement agencies. In any given country, to what extent are people who have suffered sexual violence prepared to report it to the police? This also depends on social attitudes: some are afraid of disgracing themselves, others are afraid of being told that “it’s their own fault.” Many are afraid of the revenge of criminals, afraid of finding themselves in a difficult situation (without finances, home, work), and so on. A big role is played by the victim’s belief or disbelief that the state and society will be able to protect him.

For these reasons, the most frightening numbers may not be where the situation is most critical, but where it is monitored not only by the state, but also by public organizations. Here's the picture the US National Sexual Violence Resource Center paints:

One in five women in the United States will experience rape or attempted rape in their lifetime;
About a quarter (24.8%) of American men have experienced some form of contact sexual violence during their lifetime;
81% of American women and 43% of Americans reported experiencing some form of sexual harassment and/or assault in their lifetime;
every third woman who is a victim of rape or attempted rape experienced it for the first time between the ages of 11 and 17;
about half (51.1%) of women reported that they were raped by an intimate partner, and 40.8% indicated that they were raped by an acquaintance.

What about in Russia?

Despite the fact that our country, fortunately, is not a leader in sexual violence, the situation can hardly be called prosperous.

Statistics from the Ministry of Internal Affairs for 2021 state: during the period of lockdowns, the number of rapes increased in the country. Thus, from March to May 2020, 36% more crimes of a sexual nature were committed. True, Russia in this sense is no exception. WHO experts have noted similar outbreaks of violence during the pandemic almost everywhere where restrictive measures were introduced.

Government policy also raises concerns. Thus, public organizations that defend women's rights are included in the register of NGOs - “foreign agents”. For example, “No Violence”, one of the country’s leading public organizations helping women victims of violence, has the status of “foreign agent”.

Legislative changes are also causing concern: the State Duma abolished criminal penalties for light battery. However, physical violence - even in mild form - is a frequent accompaniment of sexual violence.

How to help yourself and your loved ones in such a situation?

After violence, you need to seek medical help as quickly as possible, even if it seems to you that there are no serious injuries - in a state of shock it is very easy to underestimate the seriousness of the injuries received. And no matter how much you want it, you cannot shower, wash, use antiseptics, wet wipes, and so on before the medical examination. Hygiene procedures alone do not reduce the risk of transmitting sexually transmitted infections, and any biological material from the criminal remaining on the victim’s body will be valuable evidence in further investigations. And we’re not just talking about sperm: in addition to it, traces of sweat, skin flakes, hair or the blood of the criminal may remain on the victim’s body. You should also not wash your hands, since biological material from the rapist often remains under the nails. The clothes the victim was wearing at the time of the rape must be placed in clean plastic bags and subsequently handed over to the police. During a medical examination, you need to draw the doctor’s attention to those areas of the body where biological traces of the rapist could remain, so that the doctor makes swabs and scrapings for further examination.

How the world fights sexual violence

Systematic assistance to victims of sexual violence began in the 1970s. Now government and public organizations, hotlines for consultation, and psychological support centers are working with those who survived this tragedy. There are even organizations in this area that interact with specific groups or cases: there are centers for helping minors, students, victims of incest or slavery. There are organizations in the United States that work with African Americans.

But the main task is the prevention of sexual crimes. In 2021, the UN and WHO, with the support of other organizations, developed a concept for preventing violence against women. It was called RESPECT women. RESPECT is an acronym that represents seven strategies:

Relationship skills strengthening - improving relationship skills; Empowerment of women - empowerment of women);
Services ensured - ensuring the provision of services;
Poverty reduced - poverty reduction;
Enabling environments created - creation of favorable conditions (in educational institutions, at work, in public places);
Child and adolescent abuse prevented - prevention of abuse of children and adolescents;
Transformed attitudes, beliefs and norms - transformation of behavior, beliefs and norms).

Measures are also taken against the criminals themselves - and sometimes harsh ones. In the US, for example, the Department of Justice hosts the National Sex Offenders Website. This is a public database of sex offenders in the United States. It can be used to “check” a person to find out whether he has been prosecuted for actions of this kind.

What influences sexual violence?

WHO experts identify a number of reasons that provoke sexual violence:

low level of education. Not only in rapists, but also in victims who are afraid to seek help and therefore may be put in danger again;
dysfunctional family atmosphere also influences the behavior of both perpetrators and victims;
antisocial personality disorders;
alcohol and drug use;
social and cultural norms and stereotypes that condone violence or particular patterns of behavior (eg, men and women, parents and children, adults and minors);
limited opportunities to realize themselves in society (mainly for women);
low level of gender equality;
existing experience of violence.

If a tragedy happened

Sexual violence is the greatest stress for any person. The reaction to this can be very different - from hysteria to stupor and complete denial of what happened. Being in such a state, a person who has experienced violence cannot always adequately take care of his health and safety.

The consequences of sexual violence can be roughly grouped into several groups, each of which requires separate attention:

various physical injuries and damages,
risk of transmission of sexually transmitted infections and HIV,
risk of pregnancy,
psychological trauma.