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 to five and parts two to 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.
Commentary to Art. 131 of the Criminal Code of the Russian Federation
1. According to Part 1 of Art. 22 of the Constitution, everyone has the right to freedom and personal security.
The problem of eliminating violence against women, including in the sphere of sexual relations, is given attention in the UN General Assembly Resolutions 61/143 of December 19, 2006, 62/133 of December 18, 2007 “On intensifying efforts to eradicate all forms of violence against women” and 62/134 of December 18, 2007 “On the eradication of rape and other forms of sexual violence in all their manifestations, including during conflicts and related situations.” The Declaration of the Rights of the Child of November 20, 1959 and the Convention on the Rights of the Child of November 20, 1989 are dedicated to the protection of children, including from all forms of sexual exploitation and sexual abuse.
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International protection of human rights and freedoms: Sat. doc. M.: Legal literature, 1990. pp. 385 - 388.
Collection of international treaties of the USSR. 1993. Vol. XLVI.
2. The main object of the crime is, when an adult (adult woman) is raped, her sexual freedom (a woman’s right to make an independent decision about having sexual intercourse with a man, about choosing a sexual partner, forms, without physical or mental coercion), and when a minor is raped, for a minor or in a helpless state - sexual integrity (protection from violent sexual assault). At the same time, a violation of sexual integrity always means a violation of sexual freedom as a component.
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.
3. The victim of rape can only be a female person. For criminal prosecution, the previously established relationship between the victim and the perpetrator or the previous behavior of the victim (being in a registered or civil marriage, prostitution, immoral behavior, etc.) does not matter.
4. The objective side of rape has a complex, structural nature, consisting of mandatory actions: 1) sexual intercourse and 2) violence or the threat of its use or exploitation of the victim’s helpless state.
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. Art. 133 or 134 of the Criminal Code (see commentary to them).
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.
5. The term “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 in the insertion of the male penis into the woman’s vagina.
Other violent acts of a sexual nature cannot be considered rape and are qualified under Art. 132 of the Criminal Code. If the perpetrator commits rape of the victim and in relation to her acts of a sexual nature, then the act constitutes a set of crimes and is qualified under the commented article and Art. 132 of the Criminal Code.
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BVS RF. 2003. N 3. P. 8.
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.
6. The use of violence means physical violence in the form of beatings or the commission of violent acts that cause physical pain (for example, tying up, seizing, holding, etc.), mild or moderate harm to health, and additional qualifications under articles on crimes against personality is not required (see paragraph 15 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 15, 2004 N 11).
The threat of violence refers to such actions of the perpetrator that indicate his intention to immediately use the above-mentioned physical violence and are perceived by the victim as real, regardless of the person’s intention to actually carry out such a threat. Such a threat can be expressed in words, gestures, and actions.
If the threat is of a future nature, then it cannot be considered as a threat of violence against the victim, since in this case the victim has a real opportunity to seek help. 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 .
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, a student school, kindergarten student, ward, etc.
7. In case of intentional infliction of grievous harm to the health of the victim during rape, the actions of the perpetrator are qualified according to the totality of the commented article with Art. 111 of the Criminal Code. Careless infliction of such harm to the victim’s health excludes the specified totality. If the intentional infliction of grievous bodily harm resulted through negligence in the death of the victim, then in the absence of other qualifying signs, rape is qualified under the totality of Part 1 of the commented article and (see paragraph 15 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of June 15, 2004 N 11).
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 the commented article.
8. 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 the commented article. If the harm is caused afterward, then there is a cumulative crime. For example, in the case of D., it was recognized that causing harm to health after committing rape qualifies as a real set of crimes provided for in Art. 131 of the Criminal Code, and the corresponding crime against the person.
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BVS RF. 2003. N 3. P. 8.
9. Rape using the helpless state of the victim is recognized 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, etc.) could not understand the nature and significance of the actions performed with her or resist the perpetrator, and the latter, when entering into sexual intercourse, realized that the victim was in such a state (see paragraphs 3, 4 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 15, 2004 N 11) .
The presence of the victim in such a degree of intoxication (alcohol, drugs, etc.) that deprived her of the opportunity to resist the perpetrator can be regarded as a helpless state. It does not matter whether the woman brought herself into such a state, and the guilty person only took advantage of it, or whether the guilty person himself brought her to such a state, for example, he suggested using alcoholic beverages, drugs, toxic or other intoxicating substances, medications, provided them to the victim, etc. For example, in the case of S., it was recognized that the minor victim was in a helpless state due to severe alcohol intoxication, that due to memory loss after drinking, she did not remember further events, she woke up in the morning, that the lack of habit of drinking alcohol could aggravate her indecisiveness and passivity in situations of rape.
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BVS RF. 1997. N 9. P. 17.
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. For example, in the case of E., it was recognized that the qualifying feature of rape was erroneously attributed to “exploitation of the victim’s helpless state,” since it was established that the victim did not lose consciousness, understood everything that was happening, did not resist, since her will was suppressed by threats and beatings, and was afraid of the convicted person and did not resist, and not because she was physically unable to resist.
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BVS RF. 1995. N 4. P. 13.
According to the note. to the commented article, the victim, who has not reached the age of 12, due to her age is in a helpless state, i.e. cannot understand the nature and significance of the actions performed on her.
10. 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. In K.’s case, it was established that he told the victim that he would rape her, she asked not to do this, however, overcoming the resistance of the victim, he tried to commit sexual intercourse with her, but he could not complete the intent, since he was detained by police officers.
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BVS RF. 2002. N 11. P. 10.
Attempted rape should be distinguished from other crimes related to actions of a sexual nature (Articles 132 - 135 of the Criminal Code), affecting honor, dignity, personal integrity (for example, insult by action, causing harm to health, etc.), a distinction is made between which according to the content of objective and subjective characteristics.
11. Voluntary renunciation of rape, excluding criminal liability, in accordance with Art. 31 of the Criminal Code 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. If a person objectively could not commit the crime he had begun, for example, for physiological reasons, for fear of being detained when strangers appeared, then the refusal cannot be considered voluntary. The motives for voluntary refusal have no legal significance; they may be fear of responsibility, fear of contracting any 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 the act actually committed by him contains a different corpus delicti, for example, for causing harm to health, indecent acts.
12. If the 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 are subject to independent qualification in cases where two or more rapes fall under the characteristics of different parts of the commented article, and when forced sexual acts are committed with several victims.
However, the commission of one crime by a person with qualifying features of different parts of one article does not form a totality.
Also, in cases where several sexual acts were not interrupted or were interrupted for a short time and the circumstances of the commission of rape testified to the single intent of the guilty person to commit these identical actions, the act should be considered as a single ongoing crime (see paragraph 8 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 06/15/2004 N 11).
13. 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 and others, which are not important for the qualification of a crime, but can be taken into account when assigning punishment.
14. 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 when, for example, a woman uses violence or threatens to use violence against the victim or other persons and puts the victim in a helpless state so that a man can have sexual intercourse. 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. For example, F. was recognized as a co-perpetrator in the commission of rape by a group of persons, since it was established that she was the initiator of the crime, actively assisted the person convicted in the case of X., undressed the victim S., held her down, covered her mouth so that she could not scream and call for help . F.'s intent to commit acts against the victim S. that violate the sexual integrity of the person is also evidenced by the fact that immediately after the rape F. committed violent acts of a sexual nature against S.
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BVS RF. 2008. N 5. P. 10.
15. Part 2 of the commented article provides for the qualifying signs of 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.
The qualifying characteristics specified in paragraph “a” of part 2 of the commented article are defined in Art. 35 of the Criminal Code.
Gang rape recognizes not only the actions of persons who directly committed a violent sexual act, but also the actions of persons who assisted them by using physical or mental violence against the victim. The actions of persons who did not personally commit forced sexual intercourse, but who through the use of violence assisted others in raping the victim, should be qualified as co-perpetrators of gang rape (clause 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of June 15, 2004 N 11).
Group rape is recognized as cases where the perpetrators act in concert, use physical violence or threats against several women, but then each commits sexual intercourse with only one of the victims, for example, in different rooms of the same apartment, as well as cases when one person joins to another during the commission of rape.
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 the commented article.
16. 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. In the case of M. and G., it was established that M., against the will of the victim, pushed her into a dilapidated house, where she was raped by G., to whom M. did not provide any assistance in overcoming the victim’s resistance, did not use violence against her, but created conditions for rape. In this regard, G.’s actions were reclassified under Part 1 of Art. 131 of the Criminal Code, and M.’s actions as an accomplice under Part 5 of Art. 33, part 1 art. 131 CC.
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BVS RF. 1997. N 5. P. 16.
At the same time, if a person did not assist in the commission of rape by giving advice, instructions, providing means or removing obstacles, he cannot be recognized as an accomplice. For example, the case was dismissed under paragraph “a” of Part 2 of Art. 131 of the Criminal Code in relation to T., who during the commission of rape by other persons was only nearby, but did not monitor the situation.
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BVS RF. 1997. N 8. P. 9.
17. 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.
18. The actions of the guilty person in the specified forms of participation in gang rape are qualified under paragraph “a” of part 2 of the commented article, regardless of the fact that other persons, on the grounds provided by law, cannot be brought to criminal liability, for example due to insanity, not reaching the age of criminal responsibility.
19. Paragraph “b” of Part 2 of the commented article provides for liability for rape 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.
The threat of murder or infliction of grievous bodily harm should be understood as direct verbal threats that expressed the intention of immediate use of physical violence against the victim herself, her children, close relatives or other persons, but also, taking into account the circumstances of the case, such threatening actions as, for example, demonstration of weapons (gun, knife, razor, etc.). These actions do not require additional qualifications according to (clause 11 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of June 15, 2004 N 11).
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 perpetrator are subject to qualification according to the relevant part of the commented articles and under Art. 119 CC.
20. Rape is considered committed with particular cruelty if, in the process of its commission, the victim or other persons are intentionally 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, in the commission of a crime in the presence of her relatives or friends, as well as in a method of suppressing resistance that causes severe physical or moral torture and suffering to the victim herself or others persons In this case, it is necessary to establish the intent of the guilty person to cause special torment and suffering (clause 12 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 15, 2004 N 11).
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.
21. For the rape specified in paragraph “c” of Part 2 of the commented article, which resulted in the victim becoming infected with a sexually transmitted disease, responsibility 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 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 is not required. Guilt can be either intentional or careless.
If the victim’s infection with a sexually transmitted disease has resulted in serious harm to health, then the actions of the guilty person are qualified under clause “b”, part 3 of the commented article.
22. Part 3 of the commented article provides for liability for rape of: a) a minor; b) resulting through negligence in causing serious harm to the health of the victim, infecting her with HIV infection or other grave consequences.
According to Art. 1 of the Federal Law of June 24, 1999 N 120-FZ “On the fundamentals of the system for preventing neglect and delinquency of minors” (as amended on July 7, 2003), a minor is a person under the age of 18 years.
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NW RF. 2003. N 28. Art. 2880.
Criminal liability for rape of a minor occurs only when the perpetrator realizes or admits that he is committing rape of a minor. He may know about the age of the victim in connection with various circumstances, for example, by the victim herself reporting that she is a minor, by her appearance, in connection with kinship, acquaintance, etc. If the guilty person was in good faith mistaken about the age of the victim, mistakenly believing that she was an adult, then liability for this qualifying criterion is excluded.
For example, in the case of K., it was admitted that he did not know about the minor age of the victim F., who upon meeting said that she was 18 years old, and informed the convicted person about her minority only after committing acts of a sexual nature with her, the court’s conclusion was that that the victim is a minor is not supported by evidence. In this connection, the actions of the convicted person were qualified under Part 1 of Art. 131 CC.
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BVS RF. 2002. N 11. P. 10.
The sexual maturity of the rape victim is not important for qualification.
23. Rape, which through negligence resulted in the infliction of grievous harm to the health of the victim, is recognized when such harm occurs both from the direct actions of the guilty person, for example, pushing the victim, causing her to hit her head on a lying hard object when falling, resulting in injury, and and from the actions of the victim herself, who tried to avoid rape, for example, she ran out onto the roadway and was hit by a passing vehicle.
For example, in the case of N., found guilty under clauses “g”, “k”, part 2 of Art. 105, paragraph “b”, part 3, art. 132 of the Criminal Code, the actions of the convicted person were reclassified from paragraph “b” of Part 3 of Art. 132 of the Criminal Code on Part 1 of Art. 132 of the Criminal Code and stated that the court erroneously qualified his actions as violent acts of a sexual nature, which negligently resulted in the infliction of grievous harm to the health of the victim, since N. continued his deliberate actions aimed at causing physical harm to the health of the victim and the latter even after committing violent acts of sexual character, i.e. committed murder involving violent acts of a sexual nature.
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BVS RF. 2007. N 8. P. 15.
For rape that results in the victim becoming infected with HIV, liability is imposed in the same way as for infection with a sexually transmitted disease, when it is established that it was during rape that the victim was actually infected with such an infection and if the perpetrator knew that he had it.
Other grave consequences, which are an evaluative concept, are recognized as equivalent to grave harm to health or HIV infection, for example, suicide of the victim, pregnancy, mental illness, etc., resulting directly from rape. However, if the consequences occur in the distant future, for example, the victim committed suicide due to the fact that the perpetrator promised to marry after the rape, but after a few months he did not fulfill his promise and ended his relationship with the victim, then such consequences cannot be considered other serious.
24. Part 4 of the commented article provides for liability for rape: a) resulting in the death of the victim through negligence; b) a victim under 14 years of age.
Rape, which through negligence resulted in the death of the victim, is recognized when death occurs from the direct careless actions of the perpetrator (for example, during the rape the victim’s airways were closed), or from the actions of the victim herself, trying to avoid rape.
For example, in the case of F., convicted of attempted rape, which negligently resulted in the death of the victim Zh., it was recognized that the victim, realizing the inevitability of gang rape, trying to escape, climbed onto the balcony, but, unable to resist, fell on the asphalt and died.
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BVS RF. 1998. N 8. P. 5.
If the death of the victim occurs not as a result of rape, but as a result of leaving her in danger, then the actions of the guilty person are qualified according to the totality of crimes of the corresponding part of the commented article and art. 125 of the Criminal Code.
25. Criminal liability for committing rape of a victim under 14 years of age occurs only in the case when the guilty person realizes or admits that he is committing rape of such a victim. If the guilty person was in good faith mistaken in age, believed that the victim had reached the age of 14, then his actions, according to the rules of error, are subject to qualification under paragraph “a” of part 3 of the commented article as rape of a minor.
For example, in the case of S., it was recognized that when qualifying the rape of a victim under 14 years of age, under paragraph “b” of Part 4 of Art. 131 of the Criminal Code (as amended by Federal Law No. 215-FZ of July 27, 2009) it is necessary to prove the intent of the perpetrator to commit the actions charged to him, including in relation to the age of the victim. The exclusion from the previous version of the instruction on the “knowing” of committing rape of a victim under 14 years of age does not relieve the investigative authorities from the obligation to prove that the perpetrator had intent to commit rape of a person under 14 years of age. Since S. did not reliably know that the victim K. had not reached the age of 14, but knew reliably that she had not reached the age of 18, his actions were correctly reclassified by the court under paragraph “a” of Part 3 of Art. 131 of the Criminal Code as rape of a minor.
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BVS RF. 2011. N 8. P. 30.
According to the note. to the commented article to the crimes provided for in paragraph “b” of Part 4 of Art. 131, as well as paragraph “b” of Part 4 of Art. 132 of the Criminal Code also includes acts that fall under the elements of crimes provided for in Parts 3 - 5 of Art. 134, part 2 - 4 art. 135 of the Criminal Code, committed against a person under 12 years of age, since such a person, due to his age, is in a helpless state, i.e. cannot understand the nature and significance of the actions performed on him.
26. The subjective side of the crimes specified in paragraph “b” of part 3 and paragraph “a” of part 4 of the commented article in terms of causing by negligence grievous harm to the health or death of the victim is characterized by a double form of guilt - intent to rape and negligence regarding the consequences . Infection with HIV infection can be committed through intentional and careless forms of guilt.
27. Cases of non-violent sexual intercourse or other acts of a sexual nature committed after rape by a person who has reached the age of 18 years with a person who has not reached 16 years of age and puberty, or who has reached 12 years of age but has not reached 14 years of age and puberty, form a set of crimes provided for Art. Art. 131, 134 CC.
28. Part 5 art. 131 of the Criminal Code provides for liability for rape of a victim under the age of 14, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor. Such persons should be understood as persons who, at the time of the rape, had an outstanding or unexpunged criminal record for any of the crimes committed against minors, provided for in Parts 3 - 5 of Art. 131, part 3 - 5 art. 132, part 2 art. 133, art. Art. 134, 135 CC.
29. Cases of non-violent sexual intercourse or other acts of a sexual nature committed after rape by a person who has reached the age of 18 with a person who has not reached 16 years or who has reached 12 years but has not reached 14 years and puberty, form a set of crimes provided for in Art. Art. 131, 134 CC.
For such a crime, the penalties are quite significant and, without alternative, consist of imprisonment. It should be understood that not every act is rape. Before labeling, an investigation is carried out, where, according to forensic medical examination data, it is determined whether sexual intercourse took place and what injuries were caused. Having collected all the necessary evidence, the court makes a verdict, but until this moment the person remains a suspect.
Let us consider in more detail the terms of punishment, depending on the type of rape. According to pravo.gov.ru
Part 2 Art. 131 of the Criminal Code of the Russian Federation identifies the following types of rape:
- By a group of persons by prior conspiracy;
- Organized group;
- Associated with a threat to kill or cause grievous bodily harm;
- Resulting in infection of the victim with a sexually transmitted disease;
- Committed with particular cruelty towards the victim or other persons.
This article also states that the punishment will be imprisonment from 4 to 10 years, with or without restriction of freedom for up to two years.
The third part provides for punishment in the form of imprisonment for a term of 8 - 15 years. The offender will receive this term for raping a minor or negligently causing serious harm to the victim’s health, infecting her with HIV, or other serious consequences.
Even more serious is rape that results in the death of the victim through negligence. They also include the rape of a girl under fourteen years of age. In these cases, the penalty is imprisonment from 12 to 20 years. If the person who committed a crime against the sexual integrity of a minor is previously convicted, then he will face a sentence of 15 to 20 years.
Practitioners in the field of criminal law can qualify certain acts as rape. There are times when both aggravating and mitigating factors are revealed when a case is considered in court. If mitigating factors are found, the punishment will be below the limits provided for in the Criminal Code.
Violation of sexual integrity with the use of violence against girls under the age of majority causes not only physical suffering, but also leaves a certain imprint on the emotional state of the victim, disrupting interaction with society. The punishment given for the rape of minors is specified in the sanctions of Article 131 of the Criminal Code of the Russian Federation. The specificity of the investigation of such crimes is due to the unformed psyche of the victim.
What to do in case of rape of minors
There is no special algorithm in case of violence against a minor girl. This can be influenced by many factors:
- the degree of trust between the victim and family members;
- relationship between crime and family members;
- the girl's emotional level.
Each specific case of violence is individual in relation to both the victim and the personality of the perpetrator. For example, if rape was committed by a family member or close relative, the girl will most likely try to hide this fact. The same will happen to someone who is very sensitive and timid by nature. The child may experience shame, fear and other emotions that will not allow the crime to be detected.
But still, if rape becomes known within the first 24 hours after sexual intercourse, you should immediately contact the police and undergo an examination procedure. A medical officer must record all traces of the crime committed (abrasions, bruises, etc.), and a pediatric genital specialist is invited to examine the child to determine the nature of the changes in surfaces.
Important! Regardless of when the rape became known, you need to contact law enforcement agencies. But it should be taken into account that late application helps to reduce the likelihood of proving the fact of violence.
How to prove the existence of an offense
Proof of the fact of rape is approached very thoroughly, since the nature of the marks on the victim’s body allows it to be classified as a crime under Article 131 of the Criminal Code of the Russian Federation.
It is important not only to examine the victim, but also to prevent the development of emotional destabilization of the individual. A criminal, violating sexual integrity, may torture a child or threaten him with violence, and the girl may independently consent to sexual intercourse.
The investigator in the case appoints a number of examinations that can help identify the offender. Thus, medical specialists with appropriate qualifications and experience working with minors are allowed to perform a forensic medical examination. In accordance with the specifics of the crime, a pediatric gynecologist is invited to examine the victim’s body. The nature of the wounds, abrasions and other changes found on the genitals suggests that the girl resisted copulation. The presence of bruises and contusions indicates that force was used along with violent actions.
Before examining the body, a psychologist talks with the child, who allows him to identify the circumstances of the case that help restore the overall picture of the crime.
The sooner parents file a statement about the crime committed, the more traces they will be able to record as a result of examinations.
It is important that the clothes the girl was wearing at the time of the crime be provided for research. Examination of tissue surfaces makes it possible to identify the presence of biological material (saliva or seminal fluid) and establish the identity of the criminal.
In some cases, the examination does not provide a reliable answer to the questions posed, but according to the methodology for investigating such crimes, it is mandatory. For example, if the offender threatened to kill a minor if she did not agree to copulate voluntarily, no special traces (except for the rupture of the hymen) may be found, but the testimony of the girl herself usually clears up the picture of what happened.
In the case when the criminal is identified, the fact of his sanity is also checked by doctors. Having established that at the time of the rape, the man was not himself and was not aware of the actions being taken against the victim, the defense lawyer may raise the question of release from punishment. Such cases are not rare, and criminals go to any lengths to discredit their sanity.
It should be noted that in 2014 the Supreme Court made an important clarification on this category of cases. Starting from the date of entry into force of Resolution No. 16 of December 4, 2014, the guilt of the offender will be subject to criminal punishment only if he knew or admitted that the victim had not reached the age of majority. So, if a girl claims that she is 18 years old, but external signs (makeup, revealing clothes) cannot establish otherwise, then the crime can be reclassified as Part 1 of the article on rape.
Limitation periods
It is necessary to understand that an examination carried out many years later will not show physical grounds to believe that sexual intercourse took place, and if it did, then with which man and under what circumstances.
What responsibilities are provided?
The victim of a crime under Article 131 of the Criminal Code of the Russian Federation is a qualifying feature, that is, an aggravating circumstance that provides for a more severe punishment compared to the general disposition of rape cases. The article of the Criminal Code of the Russian Federation for violence against children and minors contains both the main and additional types of punishment.
The main sentence that a criminal faces varies from 8 to 15 years. They may also give an additional punishment, which is adjacent to the specified sanction and is deprivation of the right to engage in activities or be employed in positions in which interaction with children occurs. This ban exceeds the maximum possible imprisonment of 5 years and is usually imposed in conjunction with a restriction of liberty for 2 years.
In Russia, unlike Ukraine, for example, there is no gradation of age that affects the degree of responsibility. That is, the division into minors and minors was not made. Moreover, rape in Russia is a crime against the sexual integrity of a girl, and in Ukraine the Criminal Code contains the concept of using violence against a boy.
Citizens must engage in sexual relations consciously and voluntarily. If a man forces a woman to have sexual intercourse, this will be considered an illegal act and will entail severe punishment according to the Criminal Code of the Russian Federation. Intercourse with the use of physical violence or threats is rape.
The victims of crime are usually women, but both children and men are abused. Violence may be of a group nature, and then such acts will be classified as aggravating circumstances. When doing this, you should understand that Russian legislation provides for an article for rape.
Punishment for a crime is proportionate to the degree of guilt and the amount of harm caused (physical, moral). In everyday life, any sexual act that is involuntary in nature is usually called rape, but lawyers divide sexual acts into several types.
What does the article of the Criminal Code say?
According to Article 131 of the Criminal Code of the Russian Federation, rape is a crime in which voluntary sexual intercourse between a man and a woman occurred, but the following were applied to the victim:
- violent methods;
- compulsion;
- threats.
The rapist can threaten not only the victim, but also her relatives. Also, the article “rape” includes cases where sexual contact was committed by an adult and a person who does not give an account of his actions, a helpless or a minor citizen.
The object of the crime in such circumstances is sexual freedom, the right to independently choose a partner. Quite often, citizens confuse Articles 131 and 133 of the Criminal Code of the Russian Federation. If the first provides punishment for rape, then the second regulates liability for forced sexual intercourse. The main distinguishing feature of this crime is that the attacker uses not threats or physical pressure to achieve goals, but the dependence of the victim. This often happens at work, where subordinates experience official and material helplessness in front of their boss.
There is also Article 134 in the Criminal Code of the Russian Federation, which provides punishment for sexual contact and actions of a sexual nature against minors. If the victim is more than 12 years old, the case will be classified according to her. In cases where the victim is under the specified age, criminal proceedings will be opened on the basis of Article 131, and the punishment will follow as for committing rape of minors. The main measure of liability is a criminal sentence. The length of stay in prison depends on the crime and other important factors. Rape is punishable by imprisonment for a term of 3 to 25 years.
Crime investigation
Citizens can be prosecuted for rape (Article 131) only in court. Authorized persons must investigate and verify that violence actually occurred. The court will have to study all the materials of the case, the positions of the parties, evidence and independent conclusions. One of the important tools of a rape trial is an examination. Specialists must confirm that as a result of the abuse, a violation of the person’s sexual integrity occurred.
Forensic medical examination can be entrusted to one specialist or group. The examination is carried out by doctors - a gynecologist, a psychologist. They apply various methods, conduct tests and ultimately reach a conclusion. In addition to analyzes and checking the physical condition of the alleged victim, experts examine the victim’s clothing (underwear) for traces of biological fluids.
During the examination, scratches, bruises, abrasions and other signs of struggle may be found on the victim’s body. These circumstances will determine whether sexual intercourse was voluntary. Research results are sometimes unreliable, but they are a necessary component in matters of a sexual nature.
An examination can be ordered not only for the victim. The court is also obliged to ensure the sanity of the rape suspect. If a person does not account for his actions, he may be diagnosed with “sexomania,” in which an experienced lawyer will achieve complete release from criminal liability.
It is important to note that even if a medical examination confirms that the victim had sexual intercourse, this does not mean that the suspect will be immediately convicted. There is another important point when establishing punishment for rape: during the investigation, the guilt of the offender must be proven. The legislation (in particular, Article 131 of the Criminal Code) does not limit the period during which persons can contact law enforcement officers with a statement of rape, but it should be borne in mind that the more time has passed since the rape, the more difficult it is to prove the fact of the crime and to enforce liability.
Consequences of rape
Rape and other similar abuses are punishable extremely strictly according to the norms and provisions of Russian legislation. This is due to the fact that illegal actions and violation of sexual integrity have serious consequences, which can manifest themselves in the form of physical damage or moral harm. Rape victims suffer from post-traumatic stress disorder.
After severe shock, the victim may experience psychological and emotional reactions. The disorder has a lasting effect. In the first hours after rape, a woman may become hysterical or, conversely, withdraw into herself.
Hyperactive behavior and inhibited reactions indicate a state of shock. The acute phase lasts 2–3 weeks, but the expression of moral harm can manifest itself over several years and even life. More often, psycho-emotional disorder occurs as a result of gang rape, when the victim was subjected to violent acts by several people.
At first, the victim may exhibit physical disorders: muscle tension, disturbance of urogenital functions. However, after a week or two, these symptoms disappear, while the emotional suffering continues. The victim may develop a feeling of shame, guilt, and develop distrust of others. Persistent depression often develops, which can result in a suicide attempt.
Is it possible to refute your guilt?
Rape is considered one of the most heinous and dangerous crimes. When a person is accused of violence, it can cost them their family, career and future. Unfortunately, judicial practice shows that women often use accusations of rape (Article 131 of the Criminal Code) as an instrument of revenge, and their words have no legal basis. A citizen of the Russian Federation can receive a penalty for slander, but more often such persons are given a suspended sentence of up to 1 year.
The judicial system is not perfect, so it often happens that citizens are convicted of rape under Article 131, even if they did not commit it. However, if a crime has taken place, it is important to fully understand the case and understand the circumstances. Criminals are sentenced to 3–6 years in prison (Article 131 of the Criminal Code of the Russian Federation). The period may be increased if there are qualifying characteristics, i.e. if the intercourse was committed in the presence of aggravating factors. To prove his non-involvement in rape, a person will have to work hard.
The first step is to contact an experienced criminal defense attorney. The specialist knows the law (in particular, Article 131), therefore, based on theory and practical experience, he will develop an individual action plan, based on which it will be possible to evade criminal liability. To avoid punishment, you must deny the fact of rape, provide evidence that the victim consented to sexual intercourse, committed sexual acts of her own free will, without coercion, threats, physical or moral pressure.
In a rape case, you can attract witnesses and present all existing evidence of innocence. If ordered by the court, the accused may be detained pending a hearing and sentencing. Legal proceedings can last for years, so it is important to defend your interests and rights and to seek replacement of the temporary restrictive measure with another.
Russian legislation prioritizes the protection of the rights and interests of children.
Crimes against minors are subject to severe penalties, and the young age of the victim is an aggravating circumstance.
Sexual abuse of minors is no exception. Such actions leave an imprint on the rest of his life, negatively affect the child’s mental development, and traumatize him. But what responsibility will the criminal bear for this in 2019?
Sexual harassment in the family
One of the worst crimes against a child is sexual violence and harassment in the family.
Not only adopted children, but also their own children can be exposed to them. In such cases, minors are often intimidated or, on the contrary, promised a reward for silence.
It is difficult to find out about sexual harassment in the family - children rarely talk about such things because of fear (they will not believe them, they will mock them, etc.).
Domestic violence leaves an indelible mark on a child’s psyche. He withdraws into himself, becomes irritable, and shows cruelty.
Parents should be attentive to their child. It is important to notice changes in behavior early enough to seek help. Try to establish a trusting relationship with your children and take requests for help seriously.
If the violence was committed by a close relative, then the likelihood that the minor will remain silent is much higher. Taking advantage of his impunity, the criminal will continue.
Do not leave your child alone with his problem, even if he blames a person close to you.
What should a child do if there is sexual harassment in the family?
First of all, don't be afraid. You need to immediately seek help from a teacher, teacher, or school psychologist.
They will report the problem to the guardianship authority and the juvenile affairs department of the internal affairs department. Each request will be verified. If the child’s words are confirmed, he will be temporarily placed in a social rehabilitation center.
What to do if a teacher harasses you?
If such actions are taken by the teacher, you should act immediately:
- Report sexual harassment
The child needs to report the incident to parents, other teachers, and a psychologist at school. If the fears are confirmed, the school principal and the police should be notified.
- Contact a medical facility
First of all, parents should take their child to the doctor. A specialist will examine the minor for injuries and issue a medical report.
- Take your child to a psychologist
Sexual violence is a terrible shock to a child's psyche. The help of a specialist will not be superfluous. The psychologist will also conduct a conversation and find out which of what was said is just the child’s imagination, and what actually happened.
During the inspection, the teacher will be suspended from work.
Responsibility for corruption of minors
Dedicated to violent acts of a sexual nature. It deals with sodomy, lesbianism and other acts of a sexual nature using violence or threats.
The law distinguishes between the concepts of minors and minor children. Minors are children from 14 to 18 years of age, and minors are under 14 years of age.
If the offender has a relationship with a minor child of the same sex, he can be sentenced to imprisonment for 15 years. Additional sanctions are a ban on engaging in certain activities for up to 20 years and restriction of freedom for up to 2 years.
If the victim is under 14 years of age, the prison term can reach 20 years. In addition, the court has the right to deprive the offender of engaging in certain activities for 20 years and restrict freedom for 2 years.
The penalty depends on the age of the minor victim.
Responsibility for molestation of minors
For sexual intercourse with a child under 16 years of age, the offender will be criminally liable under. A sanction can only be imposed on an adult.
Molestation affects the sexual integrity of a child and negatively affects his normal moral and physical development.
The article provides for the following types of punishment:
- compulsory work up to 480 hours;
- restriction of freedom up to 4 years;
- or imprisonment for a similar period.
Additionally, the court may prohibit engaging in certain activities or holding a specific position for a period of 3 to 10 years.
In the presence of aggravating circumstances, a more severe punishment is faced - imprisonment from 20 years to life. These include:
- crime against two or more children;
- participation in an illegal act by a group of persons or an organized group;
- relapse.
The maximum penalty for molesting a minor is life imprisonment.
The accused may be released from punishment provided that he committed such a crime for the first time and after the incident entered into marriage with the victim. An exception to the rule is when a group of people participated in the crime or it was committed by a repeat offender.
Responsibility for lewd acts
They are punished for indecent acts against children without the use of violence or threats.
An attacker can act in different ways:
- demonstrate genitals, induce masturbation;
- show videos and literature of a pornographic nature, conduct conversations on relevant topics.
The punishment depends on the age of the child. If he is between 14 and 16 years old, the offender faces one of the following sanctions:
- compulsory work up to 440 hours;
- restriction of freedom up to 3 years;
- forced labor for up to 5 years;
- imprisonment for up to 3 years.
The offender may also be prohibited from engaging in a certain type of activity for a period of up to 10 years. As a rule, additional punishment is applied to teachers and coaches.
The younger the child, the longer the prison term the offender will receive for debauchery.
If the victim is between 12 and 14 years old, the prison term will increase to 8 years, and the period of suspension from work will increase to 15 years.
The article also contains aggravating circumstances - if the crime is committed:
- against two or more children;
- a group of persons or an organized group;
- a person previously convicted of crimes against children.
They are subject to a more serious penalty - a maximum of 15 years in prison with a ban on holding a certain position or engaging in a specific type of activity for up to 20 years.
The maximum term of imprisonment for debauchery is 15 years.
At what age can you file a police report about harassment?
Both their legal representatives (parents and guardians) and the state represented by the guardianship and trusteeship authorities, law enforcement, etc. are called upon to protect the interests of children. They are the ones who can file a report with the police.
Minor children cannot file a police report on their own.
Children are often afraid to talk about sexual harassment to peers and adults. For such cases, helplines have been created. A child can call them at any age. He will be heard and the complaint will be forwarded to the police to conduct an investigation and initiate a criminal case.
