In criminal law, the punishment forrape is stipulated in Art. 131. This act is defined as sexual contact with the use of violent actions or with the threat of their use to the victims. The perpetrator is held accountable under Art. 131 and in the case of communication with a knowingly helpless person.
The Criminal Code of the Russian Federation as a whole did not radically change the norm,which was present in Art. 117 of the Code of 1960. The new law included changes clarifying certain signs of the crime. For example, the threat of sexual intercourse began to be treated unequivocally as a threat of violence. Along with this, the new Code includes an indication of the likelihood of its application to other persons than the injured party. There were re-qualified the compositions of Art. 131-132 of the Criminal Code. The content of the definition of "sexual intercourse" was significantly narrowed. Perverted forms of rape were attributed to the composition of the crime under art. 132 and became known as violent acts of a sexual nature.
In Art. 131 of the Criminal Code included elements of a crime that were not contained in the previous Code. They include:
Some of these features were considered earlier inAs a complex of consequences of special gravity, which caused rape. Art. 131 in the modern edition does not mention them, but includes these elements in qualifying compositions.
Art.131 of the Criminal Code was subjected to repeated adjustments. FZ No. 162, for example, the qualifying feature of the composition "repeated or committed an act previously guilty of acts of a sexual nature" was excluded. Act No. 215 significantly increased the responsibility for sexual intercourse with minors and minors. The same Federal Law excluded the indication of knowledge of the attacker about the age of the said victims. Law No. 377 includes additional punishments for qualified personnel. It is represented by the restriction of freedom. The responsibility for raping minors and juveniles of Federal Law No. 14 has been further tightened up. Life imprisonment is foreseen for persons previously convicted of an offense against the sexual inviolability of a minor. In addition, Art. 131 provides that victims who did not reach the age of 12 years should be recognized as being in a helpless condition.
As his art.131 calls sexual freedom or the inviolability of women. The latter definition applies to victims who have not attained the age of 16, or are unable to consent to sexual intercourse due to dementia or other mental disorder. Additional facultative objects can be:
As a victim of rape,treated solely by a woman. In modern practice, the question of recognizing it as such can not depend on the state of its psyche, social status, previous behavior, or moral character.
This part of the crime includes:
Based on this, there are three types of crime:
If the person is seeking from the injuredsexual intercourse in other ways - by promising to marry, by deception, etc., such behavior cannot qualify under art. 131. In a number of publications there is an indication that some forms of deception are in contact with the helpless state of the victim. For example, a woman enters into intercourse, having a misconception about the identity of the sexual partner (taking a stranger for a spouse, for example), or because of ignorance and under the influence of false information, she perceives contact as a necessary element of a medical procedure. In these cases, according to some authors, such acts may qualify as rape, which is committed using the helplessness of the victim, who is not aware of the social significance and nature of the actions applied to her.
В качестве него может выступать исключительно a man who has reached the age of 14. When qualifying a crime, a woman can only be a co-perpetrator. This is the case if she uses a physical force to overcome the resistance exerted by the victim during group abuse (Article 131, part 2 of the Criminal Code of the Russian Federation). A person who has persuaded or otherwise inclined others who are not subject to prosecution (irresponsible or juvenile) to make violent intercourse is a subject of a crime. In this case, there is no complicity.
They are not required elements.composition. As a rule, rape is committed to meet the need - for a sexual motive. However, there are other cases. For example, rape may be committed out of jealousy, hooliganism, and so on. There are cases of abuse of revenge as a response to the victim’s reluctance to marry, the act of "for hire" for personal gain. According to the results of sociological research, from the beginning of the 21st century in Russia, about 3% of raped women were hired instead of a statement to the police for commissioning violent acts against daughters, sisters or wives of criminals.
If several sexual intercourses are not interruptedor there was a short time between them, and the circumstances of the rape pointed to the single intent of the perpetrator to perform the same actions, the act is considered as a single continued. In the case of a long break between crimes, or if there is no unity of intent, the deed is considered as a set of episodes. Art. 131 is charged in this situation several times by the number of rapes.
Due to the fact that other actions that havesexual orientation, except for sexual intercourse, are not covered by the specified in Art. 131 composition, their violent use in the process, before or after the act forms a set of crimes, including the signs provided for in Art. 132. For the qualification of the deed, there will be no difference in the existence of a gap in time between acts. Similarly, successive rape with violence against two victims is considered at the same time.
Intentional beating, damage to healthmedium and mild degree covered by the composition of the article. These actions do not require qualification in the aggregate. But if the violence was used or a threat of its use was used against other persons, then these actions are considered under the relevant articles. In case of intentional infliction of health to the victim of grievous harm during sexual intercourse, or the action connected with it is separately classified under Article 111. Damage to physical condition through negligence is covered by Part 3, Art. 131 of the Criminal Code (in paragraph "b"). Additional qualifications in this case is not required. The actions of the subject, who in the process of sexual intercourse deliberately caused the woman's health serious harm, which subsequently resulted in her death, in the absence of other signs should be considered in conjunction with part 1, art. 131 and Part 4, Art. 111.
In the case of his rapethe act is qualified by the combination of compositions of Art. 105 (part 2) and 131. If the murder occurred after the abuse or attempt on him to conceal the crime, out of revenge for the resistance of the victim, the crime is treated in the same way under two articles. In a number of publications there is an opinion that the adjustments that were made in art. 16 of the Code of Federal Law of July 21, 2004, require to qualify rape, aggravated by murder, as a circumstance that entails a more severe punishment. The authors of such publications believe that the act should be considered only as a murder, and the sanctions should be more severe, given the additional actions of the perpetrator - the abuse of the victim. Thus, the punishment should be imposed solely on paragraph. "K", part 2, art. 105. But this interpretation of the crime in judicial practice is not confirmed. The Constitutional Court, in particular, gave explanations on one of the acts committed under the specified circumstances. The authorized body clarified that the murder committed in rape of the victim is qualified according to the combination of the two articles.
