Violent acts of a sexual nature are not uncommon these days. They can affect men and women. Rapists are punished under Article 132 of the Criminal Code of the Russian Federation. Punishment depends on the severity of the consequences.
An article of the Criminal Code of the Russian Federation positions violent actions as sodomy, lesbianism or other sexual crimes with the threat of application.
The article has 5 parts:
- the first refers to punishment if the helpless state of the victim was used;
- in the second - about acts committed by a group of persons that resulted in infection with a venereal disease, with a threat of murder;
- in the third - about punishment, if the acts committed against a minor, led to HIV infection;
- in the fourth - if the acts caused the death of the victim, committed against a person under 14 years of age;
- in the fifth - for acts committed by a previously convicted person for seducing minors.
Presentation and main provisions
Article 132 of the Criminal Code provides for penalties for violent sexual acts. If a crime is committed with a threat of violence against the victim, then the offenders are deprived of their liberty. If an action committed by a group of persons, by conspiracy or by an organized group, resulted in infection with a venereal disease, then deprivation or restriction of liberty is chosen.
If the crime was committed against a minor, caused serious harm to health, or HIV infection occurred, then the punishment is chosen in the form of imprisonment, deprivation of the right to hold office or restriction of freedom. If the crime resulted in death by negligence, committed against a person under the age of 14, then restriction or imprisonment, deprivation of the right to engage in activities is provided.
If the crime occurs repeatedly by a person who previously had a criminal record against the immunity of a minor, then the terms of imprisonment, its restriction or deprivation of the right to engage in activities grow.
In what cases is it applied, types of punishments and terms
Article 132 of the Criminal Code of the Russian Federation clearly describes the types of punishment for sodomy, lesbianism or sexual acts with the use of violence, the use of a state of helplessness: imprisonment for 3-6 years. If the crime was committed by a group of persons, by conspiracy, they threatened to kill, harm to health, committed with particular cruelty, caused infection with venereal diseases, then imprisonment for 4-10 years or restriction of freedom up to 2 years is provided
If the act was committed against a person under 18 years of age, negligently caused serious harm, infection with AIDS or other serious consequences, the punishment is as follows:
- imprisonment for 8-15 years;
- deprivation of the right to work up to 20 years;
If the act resulted in the death of the victim, committed against a person under the age of 14, then the punishments are as follows:
- imprisonment for 12-20 years;
- deprivation of the right to hold office for up to 20 years;
- restriction of freedom for 2 years.
If a crime is committed by a person previously convicted of a crime involving sexual acts against a minor, then, if the act is repeated, he is imprisoned for 15-20 years, deprived of the right to hold office for 20 years, or imprisoned for life.
Comments on Article 132
Sodomy is the contact of a man with a man, characterized by the penetration of the penis into the anus, mouth. Lesbianism is female homosexuality, imitation of sexual intercourse by two women. Other forms of sexual violence between a woman and a man are the penetration of a hand, an object into the genitals and anus, oral sex.
Comments on the article:
- The main object is the structure in the sphere of relations. If the action is committed against a minor, then the object is the development of the victim.
- The objective side is the contact of a man with a man or a woman, a woman with a woman, the commission of violence, threats, the use of the helpless state of the victim.
The actions of a person who agreed to the commission of an act under the threat of disclosure of facts, destruction of property are not considered as violence. Article 132 of the Criminal Code of the Russian Federation names the composition of the crime provided for under Art. 133.
- The main structure is formal, the crime is over at the moment the contact begins.
- The subjective side is direct intent. The perpetrator is aware that he is doing illegal things against the will of the victim, uses violence or helplessness, wants to commit a crime.
- The subject is a natural sane person over 14 years of age.
- In parts 2 and 3, qualifying and especially qualifying signs are considered, which are similar to those specified in Art. 131.
Violent actions in parts 1 and 2 are classified as serious crimes, in 3 - especially serious ones. Most of the signs in the article coincide with rape, so it echoes Art. 131 - according to the structure, corpus delicti, design, qualifying signs, punishability.
Differences between rape and violent acts:
- victims and subjects in the article under consideration are persons of any gender, in mutual respect;
- the objective side includes unnatural sexual intercourse;
- the main object is similar to rape, but the victims can be men and women.
Other actions - any means of forcible satisfaction of sexual needs in any other form, except for rape, sodomy, lesbianism. They also include sexual contact between a man and a woman in a natural form, if a woman forces a man to copulate.
What is the case law on this article?
Article 132 "On Violent Actions" of the Criminal Code of the Russian Federation is used less frequently than the article for rape.
Case law examples:
- Citizen K. met citizen E. in a nightclub, and an interest arose between them. And E. accepted an offer from K. to go to his house. There they drank and K. began to threaten E. with violent actions. As a result, he raped the victim. E. filed a lawsuit against him, stated that the actions were carried out against his will and with threats. The court ruled that K. was guilty. He was sentenced to 3 years in prison.
- Citizen G. applied to the police with a statement about the commission of violent acts against his son by a sambo coach. A female trainer forced a 15-year-old teenager to have sexual contact against his will, he told everything to his father. As a result, the woman was arrested and put under investigation. It turned out that the teenager deceived his father - sexual acts were committed without coercion. In the end, the woman was still sentenced to a fine and deprived of the right to hold a position.
- Citizen V. turned to the police with a statement about the commission of violent acts against her by her friend A. When V. drank a lot and could not move independently, she raped her with an improvised object, taking advantage of her state of helplessness. In addition, she filmed it on camera, which offended the honor of V. As a result, A. was convicted, she was sentenced to 4 years in prison and the payment of moral damages to the victim.
What are the most common decisions under Article 132?
The article of the Criminal Code of the Russian Federation on violent actions is often found in judicial practice. In 2017, 2,107 people were convicted of it, more than half of whom were guilty of 4 parts. Of all the cases, only 13 people were acquitted.
The punishments for criminals were:
- imprisonment - almost 2,000 people;
- conditional imprisonment - 93 people;
- 202 people were declared insane, they were subjected to compulsory treatment.
What are the most common aggravating and mitigating circumstances?
Aggravating circumstances are the commission of a crime by a group of persons, in conspiracy, with threats of murder, with the use of cruelty, infection with sexually transmitted diseases or HIV. A particularly aggravating punishment is the recidivism of a crime in relation to a minor - for this you can get life imprisonment. The article does not mention mitigating circumstances.
Trends in the developing world are making adjustments to paragraphs of criminal law. If earlier society condemned its members for violent acts against women, now men can also become victims of sexual persecution. Criminal acts of a sexual nature against persons of both sexes are dealt with in Art. 132 of the Criminal Code of the Russian Federation.
This paragraph refers to harassment not agreed upon by the other party. These can be done:
- forcibly;
- threatened by;
- in relation to obviously helpless persons.
Hint: Paragraph 132 has five parts. They deal with sexual violence committed in a “simple” way and having qualifying signs.
Article 132 of the Criminal Code of the Russian Federation
This paragraph of the code describes criminal acts amounting to rape. However, it is not only women who are victims of misconduct. The legislator took into account that men can also suffer from a rapist. In addition, the paragraph expands the list of subjects of the crime. They added women of non-traditional sexual orientation.
Paragraph 132 of the Criminal Code describes such unlawful acts:
- Sexual intercourse between men in which one of the parties has not consented. Sodomy refers to the introduction of the penis into the large intestine of the victim.
- Satisfaction of a woman's sexual desire with another lady, without the consent of the latter. Under such misconduct is understood any action against the victim with touching the genitals.
- Other ways. Here we have in mind the forcible satisfaction of the basic instinct with a person of either sex. Including in an unnatural way: using the mouth. In addition, the act is qualified even in the absence of an act as such. The bottom line is to achieve orgasm by violent means.
Attention: the classic rape by a man of a woman is qualified under a different article. In the 132nd paragraph, a composition is highlighted that does not fall under the description of a natural, from the point of view of biology, sexual intercourse.
Corpus delicti
In the code, each act is described according to a certain scheme. The legislator sought to accurately indicate the signs of an offense so that it would be easier for the court to qualify it. In forensic science, it is customary to single out the object and subject of the offense. In addition, each has the following characteristics: subjective and objective.
So, sexual violence against another person is characterized as follows:
- The object of the act is the sexual freedom of a person of any age and gender.
- The subject is a person from the age of 14. The legislator classified the crime as serious.
- The objective characteristic is that the act is an active action against another person. They are carried out to satisfy lust. Aggravated by violence or the threat of violence. In addition, the legislator took into account the condition of the victim. Therefore, he introduced into the Criminal Code the concept of the helplessness of the state of a person subjected to violence.
- The subjective feature is the presence of criminal intent. That is, a rapist of any gender understands that his actions are illegal, but does not refuse to satisfy his own desire.
Attention: the act is recognized as committed from the moment the described actions begin. That is, the rapist does not necessarily receive the intended satisfaction.
The legislator considered only unauthorized sexual activity criminal. Separately, it is characterized by pressure on the victim. This can be done with:
- violence, that is, the use of weapons that replace things, binding, immobilization and others;
- threats to the life or health of the victim;
- use of deliberate helplessness.
For example, the first part of the code applies if the rapist attacked a citizen of the Russian Federation:
- incompetent;
- sick;
- not understanding what is happening;
- physically weak and so on.
The concept of deliberate helplessness includes various states. This can be determined if the perpetrator is physically much stronger than the victim. It is also qualified when the victim is unconscious, under the influence of drugs or alcohol, and so on.
Qualifying Circumstances
The list of aggravating conditions is equivalent to those described in the paragraph on classic rape. So, guilt increases under such circumstances:
- part 2:
- commission by more than one criminal (group);
- infection with a venereal disease;
- the threat of harming the victim or killing the latter;
- the third part:
- the victim is a minor (there is a separate one about this);
- the act caused serious harm to the body of the victim, including infection with HIV infection through negligence;
- fourth part:
- rape of a child under the age of 14;
- death of the victim.
Attention: the legislator separately described the punishment for the repeated commission of such an act. It leads to the most serious punishment, up to a life sentence (fifth of the paragraph).
Punishment
Free legal advice by phone
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to know how to solve your particular problem, please use the online consultant form on the right or call
Paragraphs of the Criminal Code of the Russian Federation describe measures to influence criminals, taking into account the circumstances of the commission of an unlawful act. A specific punishment depends on the presence (absence) of qualifying features in the composition. Thus, a "simple" crime threatens with imprisonment for a period of three to six years. It is described in the first paragraph of the article.
The second part speaks of the punishment for a qualified offense. The legislator considered that either causing serious harm to the body of the victim increases guilt. For such actions, they can be imprisoned for a period of four to ten years. In addition, in view of the public danger, the offender may be restricted in freedom (after leaving prison) for up to two years.
The third paragraph contains an even more severe punishment. The offender may be imprisoned for up to fifteen years. Since violent acts of a sexual nature against minors characterize a person as immoral, the legislator has toughened the punishment for the third paragraph. The court received the right to prohibit the criminal from engaging in certain activities for twenty years. It is also possible to extend the punishment by restriction of freedom, after serving the main punishment, for two years.
For a crime qualified under the fourth paragraph, they can be imprisoned for twenty years. For the same period, the court has the right to impose a ban on certain activities. This part of the article also describes the likely restriction of freedom of the offender.
Attention: if a person committed rape of the described nature repeatedly, then he can be imprisoned for life. The minimum punishment is specified in the form of imprisonment for fifteen years.
Legal comment
The practice of applying the provisions of the code is subject to constant analysis. Based on the results, clarifications and comments are published. These are necessary for the courts to more clearly qualify similar offenses of a criminal nature. So, in terms of illegal sexual acts, the following is explained:
- Violence in the investigation of an act refers to any action with the use of force. It can be blows, causing pain in a different way. In addition, the perpetrator may deliberately deprive the victim of the ability to resist by tying, shackling, holding, capturing, and the like.
- A threat is a promise to cause serious harm. Moreover, it does not matter whether the perpetrator had a real opportunity to injure the victim or take his life. It is important for the court that the victim accepted such a promise as being fulfilled.
- Threats can be applied not only to the victim of violence. If the villain promises to kill or injure a loved one, then the threat also qualifies.
- The helpless state of the victim is recognized if the person did not have the opportunity to actively resist, and the offender was aware of this. This does not take into account the provocation on the part of the victim. For example, if in the course of previous communication a person himself caused lust in a villain.
The Criminal Code introduced a description of the criminal act, which consists in obtaining sexual satisfaction by force. Responsible for such as women, as well as men.
Sodomy, lesbianism or other acts of a sexual nature with the use of violence or with the threat of its use against the victim (victim) or other persons, or using the helpless state of the victim (victim) - shall be punishable by imprisonment for a term of three to six years.
Part 2 Art. 132 of the Criminal Code of the Russian Federation
Same deeds:
a) committed by a group of persons, a group of persons by prior agreement or an organized group;
b) associated with the threat of murder or infliction of grievous bodily harm, as well as those committed with special cruelty towards the victim (victim) or other persons;
c) that caused the victim (victim) to become infected with a venereal disease, - shall be punishable by imprisonment for a term of four to ten years, with or without restraint of liberty for a term of up to two years.
Part 3 Art. 132 of the Criminal Code of the Russian Federation
a) committed against a minor (minor);
b) negligently entailed the infliction of grievous harm to the health of the victim (victim), infection of him (her) with HIV infection or other grave consequences, is 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 up to twenty years or without it and with restriction of liberty for a term of up to two years.
Ch. 4 Art. 132 of the Criminal Code of the Russian Federation
The acts provided for by the first or second part of this article, if they:
a) negligently caused the death of the victim (victim);
b) committed against a person under the age of fourteen, are punishable by imprisonment for a term of twelve to twenty years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, and with restriction of liberty for a term of up to two years. .
Ch. 5 Art. 132 of the Criminal Code of the Russian Federation
The acts provided for in paragraph "b" of part four of this article, committed by a person who has a conviction for a previously committed crime against the sexual integrity of a minor, - shall be punished 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 up to twenty years or life imprisonment.
Commentary on Art. 132 of the Criminal Code of the Russian Federation
Commentary edited by Esakov G.A.
1. The signs of the main and qualified corpus delicti basically coincide with the corresponding signs of rape (Article 131 of the Criminal Code).
2. The main difference lies in the objective side of the crime (paragraphs 2, 13 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 4, 2014 N 16): if during rape liability arises for sexual intercourse between a man and a woman in a natural form, where the injured party is woman, then 132 of the Criminal Code assumes responsibility for all other violent acts of a sexual nature. Among them, the law specifically allocates sodomy (sexual contact between men in any form, including oral contact (coitus per os) and interfemoral intercourse between men) and lesbianism (sexual contact between women in any form).
Other acts of a sexual nature include sexual intercourse between a man and a woman, which is not covered by the concept of rape, where the victim is a woman, including anal contact (coitus per anum), oral contact (coitus per os), imitation of sexual intercourse (for example, narvasadat, i.e. a surrogate form of sexual intercourse by inserting the penis between the mammary glands of a woman; vinharita, i.e. the same form by inserting the penis between the compressed thighs of a woman). This should also include sexual intercourse in a natural form between a man and a woman, where the injured party is a man.
3. A consequence of the peculiarities of the objective side is also the fact that a man can also be attributed to the direct victim in this composition, and a woman can be attributed to the executor of the main composition.
4. If the intent of a person covers the commission by him (in any sequence) of rape and violent acts of a sexual nature against the same victim, the deed should be assessed as a combination of crimes under Art. 131 and 132 of the Criminal Code. At the same time, for the qualification of the deed, it does not matter whether there was a gap in time during the commission of rape and violent acts of a sexual nature against the victim (paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 4, 2014 N 16).
Commentary on Article 132 of the Criminal Code of the Russian Federation
Commentary edited by Rarog A.I.
1. The law establishes liability for forced sodomy, or lesbianism, or other acts of a sexual nature, i.e. for the realization of sexual attraction to persons of the same sex, as well as for the commission of other acts of a sexual nature, if they are committed with the use of violence or with the threat of its use. Thus, criminal liability is associated with the violent way of satisfying sexual passion, and not with the perversion or immorality of the way to satisfy it. In the case of voluntary consent of partners in case of sodomy, lesbianism and other acts of a sexual nature, there is no corpus delicti of this crime. The introduction of this norm into the Criminal Code of the Russian Federation contributes to the equal protection of sexual freedom and sexual inviolability of both men and women, since persons of both sexes can be victims under this article.
2. Sodomy (male homosexuality) is understood as the satisfaction of sexual desire between men by inserting the penis of the active partner into the anus (anus) of the passive partner. Other forms of homosexual activity between men are not sodomy. Only men can be victims of sodomy.
3. Lesbianism (female homosexuality) is a form of satisfaction of a woman's sexual desire in relation to another woman through any actions of a sexual nature (imitation of sexual intercourse, contact of the genitals and other parts of the body, etc.). Only a woman can be a victim of lesbianism.
4. Other actions of a sexual nature are any means of satisfying sexual desire between men or between a man and a woman, with the exception of natural sexual intercourse and sodomy (see: Sexual perversions and their prevention. M., 1990). This can be, for example, oral sex (“coitus per os”), anal sex (“coitus per anum”), copulation between a man and a woman in a natural form if the coercion comes from the woman. Victims can be both men and women (depending on the nature of the act).
5. When committing this crime, violence or the threat of its use is used, or the helpless state of the victim (victim) is used (see commentary to Article 131 of the Criminal Code).
6. The moment of the end of the crime is the beginning of the commission of acts of a sexual nature using violence, threats or the helpless state of the victim (victim).
7. The subjective side is characterized by direct intent.
8. The subject of a crime may be a person, both male and female, who has reached the age of 14 years.
9. Parts 2, 3 and 4 of Art. 132 of the Criminal Code provide for qualifying and especially qualifying signs of this crime. Their list and content fully coincide with the qualified types of rape (see commentary to Article 131 of the Criminal Code).
