Currently, under the Criminal Code of the Russian Federation, acts of a sexual nature are punished quite severely. Relatively recently, for such acts, the article threatened only if it was possible to prove coercion to intimate same-sex relationships by a man. But recently, laws have become fairer and tougher, all representatives of our society are equally protected, gender does not play a role.
General understanding
According to the Criminal Code, sexual acts punishable under article 132 relate to coercion to intimate same-sex relationships, as well as various coercions, in which the aggressor resorts to violence or threatens it. Moreover, the victim (of any gender) is helpless at the time of such actions. The article also punishes behavior in which the offender forced others to engage in sexual activity, taking advantage of the victim's helplessness.
Of course, under other articles, acts of a sexual nature related to the categories of rape, illegal acts are also punishable. When the victim appeals to law enforcement agencies, the investigator chooses the most appropriate chapter of the Criminal Code to institute proceedings against the citizen who committed the crime. The above acts are the basis for the deprivation of liberty of the offender. Duration varies - at least three years, but no more than six.
The situation is getting worse
It so happened that compulsion to acts of a sexual nature is often observed when the victim encounters a group of aggressively disposed persons. In such a situation, the law requires a more severe attitude. If the crime is committed by several people who previously conspired for this or organized all the conditions for the commission of an unlawful act, the court will punish the guilty with imprisonment for a period of at least 4 years, the maximum duration is a decade. Similar conditions apply to those who caused the victim to contract a sexually transmitted disease.
If acts of a sexual nature in relation to the victim (regardless of gender) were fraught with threats (including infliction of grievous mutilation and murder), then the court will also apply more severe punishment to the guilty person. Do not count on concessions if the criminal act was committed especially cruelly. They evaluate the behavior of both the injured citizen and other persons, if any, who participated in the situation.
Special occasion
On a special scale are evaluated in Art. Criminal Code actions of a sexual nature, described above, if the victim was a minor citizen of any gender, as well as the result of a crime, the victim was infected with HIV. The court assesses other serious consequences, including tangible harm to health (mental, physical). In this situation, the offender will be sent to prison for at least 8 years, the maximum term is 15 years. In the future, having been freed from places of forced imprisonment, such a person will not have the right to occupy certain positions and conduct a number of social, labor activities for two decades. An additional restriction of freedom is also possible - up to two years.
If acts of a sexual nature with a person of any gender became the cause of his death, the offender will be punished with imprisonment for 12-20 years.Similar terms are awarded to those whose victims are persons under the age of fourteen. As he is released from prison, the offender will not have the right to work in a number of posts, to engage in certain types of activity. This condition will prevail over life for two decades. An additional restriction of freedom applies for two years.
To learn from your mistakes
Quite often in the practice of judicial institutions there are cases of rape, sexual assault by a person previously convicted of illegal acts of this kind. If the fault of the recidivist is proved, the court chooses imprisonment for 15-20 years as punishment. As a citizen is released from such a place for another two decades, he will not have the right to occupy a number of posts, as well as conduct certain varieties of social activity, labor activity. In some cases, the court may decide in favor of life imprisonment, if circumstances lead to such a conclusion.
Safety and fairness
Some time ago, acts of a sexual nature by law were considered as jurisdictional only when the victim was forced into same-sex relationships by a man. Not so long ago, a new article was introduced under the number 132, filling the gap and providing legal protection to all citizens. In our country, intimate personal freedom is ensured for everyone and everyone, regardless of biological characteristics or beliefs.
Previously, the law obliged to punish not just sexual acts, but violent ways to satisfy the needs of certain categories of citizens. The wording of the laws is such that a person who does not want to enter into relations that are unacceptable to him is protected by law from engaging himself in them against his own will. It helps to save life, mental, physical health. Every citizen can count on spiritual integrity.
Crime: Symptoms
It is assessed by the court whether there was a rape or sexual assault based on signs of an event. Subjective, objective are subject to analysis to the same extent. We study objects (add., Main), subjects, signs of the objective side.
In order for an act to be classified as rape, sexual acts, the composition of the perfect must be a threat of violence or the commission of such. In article 131, a similar norm was present earlier, which considered only rape. In the updated 132nd, it is somewhat expanded, covering various cases of illegal sexual acts. At the same time, the 132nd article is called to punish for all violations of the law that do not fall under article 131, at the same time the same crime is not evaluated in two ways at once, but the point of laws that is more suitable for the circumstances is selected.
It is important to know
If we compare the punishment for rape and other sexual acts, it is noticeable that for the law such illegal acts are estimated as approximately equal. From the point of view of many lawyers, this approach is correct, as it allows to ensure public safety and the right to sexual freedom of citizens. However, when analyzing a crime, the task of the prosecutor is to carefully study all aspects of what happened to classify the event according to the correct article in order to avoid incorrect justification of the guilty citizen.
As can be seen from the 132nd article, the object of other sexual acts (regarding rape) can be equally representatives of both sexes. Punishment under this rule of law is subject to a man whose victim was male, a woman whose victim was, respectively, from the beautiful half of humanity.The legislation also considers hermaphrodites, victims of the wrongful acts of the criminal.
Object of crime
The law punishes not only coercion to intimate sexual intercourse, violence, but also other sexual acts. This (rather vague at the sight of a wide audience) formulation is commonly referred to as coercion to oral contacts, imitation of relations and other forms, which some citizens assess as vivid perversions. Both coercion to same-sex contacts and other actions become the reason for opening a case if they occurred if the victim did not want to be a member of an intimate act. If the injured citizen was forced by threats, violence, if the offender took advantage of his helplessness, you need to contact the legal authority to protect your rights.
Currently, sexual acts are evaluated by law in such a way that the composition of the criminal act is formal. This means that the punishment awaits the criminal whose fault has been proved, regardless of whether he managed to satisfy his needs or the process was interrupted.
Realities and statistics
Sexual activity is a problem that has no boundaries. Violence is about 90% of all acts that violate laws related to sexual integrity, and only slightly less than half of what is happening in our country are classified according to article 132. Recently, the number of such acts has only increased by tens of percent from year to year.
Currently, among the circumstances that increase the guilt of the criminal are group participation and threats, harm, infection with pathologies, as well as acts when a citizen knew in advance that his victim had not reached the age of majority. Such misconduct is classified as serious. By law, they are rated similarly to rape. This is due to increased public danger.
What about the neighbors?
In almost all European powers, acts of a sexual nature are also punishable under the Criminal Code. The standards differ slightly in different countries, and there are a number of distinctive features that are especially noticeable in comparison with the standards adopted in our country. An analysis of such points is necessary to improve domestic legislation - this is precisely the position that some jurists insist on.
For example, in Bulgaria, violent acts by a man whose victim was a person of the same gender are the subject of criminal prosecution under a special article written individually for such a case. Responsibility for all other misconduct, other than coercion of a man by a man and rape, is spelled out in another provision of the Criminal Code. There is an obvious difference from our state, where the corpus delicti is currently combined in only two articles. From the point of view of a number of analysts, separation provides a more correct approach to unlawful acts; therefore, such a formulation is preferable to universal articles of laws.
It's curious
According to Bulgarian law, an assessment of the elements of a crime obliges to take into account the commission of an unlawful act in relation to a victim who was in a helpless state. Additionally, the responsibility for bringing a person to such a state is prescribed. Such a formulation (as noted by a number of experts) is more complete, correct.
Another interesting difference between Bulgarian law and domestic law is the allocation of special circumstances that increase the guilt of the rapist. Among these is the situation when two or more people are victims. A particularly serious case is considered if, as a result of the deed, a minor citizen made an attempt to commit suicide.
And in Germany?
In this country, acts of a sexual nature are currently punishable under the same article that deals with rape, there are no special paragraphs for the punishment of perpetrators of a crime. There are no separate standards applicable to the situation when the victim and the rapist are of the same sex and both of them are men. The wording of the law is such that they can be applied to any case of coercion to an intimate act, regardless of the gender of the participants in the situation.
German legislation pays particular attention to relations between the victim and third parties, and not only to interaction with the perpetrator of the crime. The person who himself did not enter into an intimate act, but showed a certain activity, threatened, used violence for coercion, becomes a performer. According to the assessment of the laws of our country, such a person will be involved in the case as an accomplice.
Austria: its features
In this country, two paragraphs of the Criminal Code entered into force, one of which deals with rape, and the second provides for punishment for other acts of a sexual nature. If you pay attention to specific formulations, you can see that there is no connection with the gender of the participants in the situation. The disposition applies equally to all options, including coercion of a man by man and woman by woman.
A special paragraph of the law relates to coercion of such relations between a spouse or a person with whom the offender is in an unformalized marriage relationship. The presence of a formal complaint by the victim becomes the basis for the start of criminal proceedings. Curiously, many activists propose introducing a similar clause in the current legislation of our country. In addition, suggestions are made about the impossibility of completing paperwork on the basis of reconciliation of the parties.