Child molestation is a crime that causes almost the strongest condemnation on the part of society. Such actions influence and even encroach on the moral education of the victims, put them at risk and entail disastrous consequences in the vast majority of cases. That is why legislators have adopted such a norm of the Criminal Code of the Russian Federation, which is trying to prevent the commission of such acts.
What is molestation
Sexual relations are not prohibited by law only in those cases when they do not pose a threat to the freedom and inviolability of the person. The most frequent and even latent in judicial practice is a crime referred to as child molestation. Article 134 of the Criminal Code of the Russian Federation provides for liability for this act and fixes rather serious sanctions.
So how do you understand molestation? These are any actions aimed at involving the juvenile in a sexual relationship. This does not have to be sexual intercourse. Any possible variants of such behavior are already a crime, but only when the injured person is a minor, that is, has not reached the age of sixteen. Therefore, it is about immunity, not sexual freedom.
Objective signs of a crime
Sexual intercourse, acts of a sexual nature in the form of bodily contact or even a tendency to such words - all this can be such a thing as child molestation. Article 134 of the Criminal Code of the Russian Federation also refers to such things as lesbianism, sodomy. That is, responsibility for any sexual relationship with a minor is already a crime.
Child molestation is an act relating to the head of the Criminal Code of the Russian Federation, which protects sexual freedom and inviolability. However, this provision regulates liability for an act that infringes only on one of these two options. The object of the crime will be exclusively sexual integrity since such actions should always be carried out with the consent of the injured person, but without reaching an acceptable age.
Also, there is such an optional feature in the molestation as a victim from socially dangerous actions. This is an important aspect, since it must fall under the age framework and give its consent. Sexual relations with a person over the age of sixteen are not a crime, unless he did not want this contact. However, with this scenario, the qualification will be completely different.
Subjective signs of molestation
The person responsible for the crime in this case has one important attribute associated with his age. As you know, the subject must be 16 years old, with child molestation, everything is different. The law implies options for increasing the age of criminal responsibility, and this is the same case. Based on the objective side, it is worthwhile to understand that child molestation is a crime only by adults and nothing else.
As for guilt, it has an obvious and predictable manifestation. Direct intent is the only option in this case. If the subject does not realize that he is entering into various kinds of sexual relations with those who are not sixteen years old, then there will be no composition in his actions. There are frequent cases in practice when the child molestation subsequently becomes not an act at all, but a misunderstanding.
Essential features for qualifying an act
As mentioned above, in practice such a crime as child molestation is quite common. The Criminal Code of the Russian Federation fixes several options that aggravate an already not very serious action.However, the signs are indeed very diverse. The simplest and most commonplace are those that are characteristic of most acts, namely a group of persons in various forms of complicity and the orientation of dangerous actions on two or more persons.
Also an important feature is age. A special case recorded in the Criminal Code of the Russian Federation aggravates the guilt - child molestation, when the victims did not reach the age of sixteen or even fourteen. Among other things, the most severe punishment will be applied to repeat offenders who previously encroached on the same social relations. Child molestation of children under twelve years of age is qualified for rape regardless of the nature of sexual activity.
