Violence against minors of the Criminal Code of the Russian Federation. How many years do you get for rape? What is the sentence given to a criminal?
Official statistics from law enforcement agencies look sad. Every day we receive statements from women that they have become victims of sexual violence.
Every crime is punishable. Therefore, the offender faces criminal liability for rape. The punishment will depend on the severity of the act committed.
What relates to this crime and what punishment the rapist faces - we will tell you further.
Rape concept
The Criminal Code of the Russian Federation considers rape as sexual intercourse between a man and a woman. But intercourse occurs:
- Against her will
The woman did not consent to the relationship with the man. The rapist acts against her wishes.
- Using force and threats
The use of force refers to physical impact on the victim - striking, tying, etc.
- When the victim is helpless
At the time of the crime, the woman does not understand the meaning of what is happening or cannot resist. For example, she suffers from a mental illness or is under the influence of alcohol.
Summary
Of course, rape is a psychological stress for women. Often they do not want to make such abuse public. But the acts of a rapist cannot be left unpunished.
This is just a small part. The main thing is to prevent a repetition of this situation in relation to other women.
Remember that when considering the case, all circumstances will be taken into account - the testimony of witnesses, the number of criminals, the use of force and threats, the results of a medical examination. Try to collect as much evidence as possible to punish the culprit.
Minority is a special feature that characterizes the victim at the time of rape and indicates an increased danger of the crime committed. The increased danger of rape of a minor is explained not only by the biological characteristics of her still fragile body, but also by her everyday inexperience and inability to correctly understand life situations.
Rape of a minor involves forcible sexual intercourse with a female person between 14 and 18 years of age.
The issue of the subjective side of rape of a minor requires special consideration. Here the question arises: should the perpetrator in these cases be aware that the victim has not reached 18 years of age, or to apply Part 2 of Article 131, paragraph “e” of the Criminal Code of the Russian Federation, it is enough to establish the very fact of her minority.
The minority of the victim is a constructive feature of a qualified crime, and therefore it must be covered by the intent of the perpetrator. Bringing to justice without taking into account the subjective attitude of the perpetrator to the age of the victim means objective imputation, alien to the principles of criminal law. Since an intentional crime presupposes that a person is aware of the socially dangerous nature of his actions, he must be aware of all the circumstances influencing the nature of the social danger. Namely, such circumstances include the minority of the victim.
At the same time, it is not necessary that the perpetrator wants to rape a minor; he may be indifferent to the age of the victim. To clarify the attribute in question, it is necessary to establish that, based on the circumstances of the case, he knew or was aware that the victim was a minor.
It should be recognized as outdated the explanation given in paragraph 10 of the resolution of the Plenum of the Supreme Court of the Russian Federation of April 22, 1992 “On judicial practice in cases of rape”, according to which it was supposed to apply the rule on criminal liability for rape of a minor or minor if the perpetrator “knew , or admitted that he was committing a forcible sexual act with a minor or minor.” If previously this was to some extent explained by the fact that Part 3 and Part 4 of Article 117 of the Criminal Code of the Russian Federation of 1960 did not directly require “knowledge”, that is, the reliability of the guilty person’s knowledge of the age of the victim, then in the new Criminal Code of the Russian Federation the legislative construction “d” part 2 and paragraph “c” part 3 of article 131 includes this feature and assumes only direct intent in relation to these qualifying circumstances. The perpetrator is aware that the victim is a minor or minor, and, despite this, commits a violent sexual act with her. To qualify the crime under clause “d”, part 2 of article 131, it does not matter whether the victim reaches marriageable age or puberty.
In those cases where the perpetrator of rape was in good faith mistaken about the actual age of the victim, based on all the circumstances of the case (based on the perception of her appearance, the incorrect information she provided regarding her age, etc.) considering that she had reached the age of majority, the qualification of the offense under paragraph “ d" Part 2 of Article 131 does not seem possible. Otherwise, objective imputation will take place. The Plenum of the Supreme Court of the Russian Federation on this issue emphasized: “at the same time, the courts must keep in mind that if there is evidence confirming that the perpetrator is in good faith mistaken about the actual age of the victim, the minority of the victim cannot serve as a basis for Part 2 of paragraph “d.” "Article 131 of the Criminal Code of the Russian Federation and corresponding articles of the Criminal Code of other republics."
Rape of a minor may be associated with the victim's involvement in the systematic use of alcoholic beverages and intoxicants. The actions of the perpetrator in such cases are qualified not only under clause “d”, part 2 of article 131, but also under art. 151 of the Criminal Code of the Russian Federation. Part 3 of Article 131 of the Criminal Code of the Russian Federation provides for liability for rape in the presence of particularly qualifying criteria: a) negligently causing the death of the victim; b) resulting through negligence in causing serious harm to the health of the victim, infecting her with HIV infection or other grave consequences; c) rape of a victim known to be under 14 years of age.
Violence against children has a traumatic effect on their physical and mental well-being. It is difficult for a child not only to resist violent actions on the part of an adult, but also often, due to age, to realize the wrongfulness of what happened to them. In general terms, violence against children refers to any act of a physical, sexual, mental or emotional nature that causes harm to them.
Classification of violent actions
The following types of violence against minors can be distinguished:
- Physical – this includes actions that cause harm to health or physical suffering: beatings, restriction of freedom, etc.
- Sexual – any depraved acts, inducement to sexual intercourse, rape.
- Psychological or emotional - humiliation, insults, threats, social isolation, blackmail, etc.
The Criminal Code of the Russian Federation provides for liability for crimes against the health and life of minors 1 . For example, Art. 117 of the Criminal Code of the Russian Federation determines the punishment for torturing a minor - systematically causing him physical or mental suffering, beatings that do not cause harm to health. In addition, any unlawful action against a minor (child under 14 years of age) is considered aggravating circumstances that increase the sentence for any crime. A special form of violence under the Criminal Code of the Russian Federation is leaving a minor in danger. A separate group of norms of criminal law regulates sanctions for sexual abuse of children, which includes not only rape, but also the commission of various types of indecent acts - display of genitals, pornographic literature, indecent touching, etc. Crimes against minors also include coercion into antisocial actions - inducement to use drugs and alcohol, vagrancy, prostitution, begging (Article 151 of the Criminal Code of the Russian Federation).
However, the Criminal Code of the Russian Federation does not provide for liability for psychological violence, although a child suffers from its manifestations no less severely than from physical actions. Within the framework of Art. 110 introduces liability for incitement to suicide and defines the role of insults and threats as a criminogenic factor. But punishment for these actions occurs only in the event of tragic events - a child’s attempt to take his own life or suicide. At the same time, any psychological pressure on a child from adults affects his development and well-being. Unfortunately, it is very difficult to hold the perpetrator accountable for such actions.
What to do if a child has been abused?
Parents, guardians or teachers must respond correctly to a child’s report of an incident or to the discovery of violent acts against a minor. Firstly, it is worth reassuring the child, explaining to him that he is not to blame for anything.
The following are possible actions:
- If the fact of violence is detected in the family, then the teacher or other citizen who has learned about this event must contact the guardianship authorities or the commission for minors.
- If violence happened to a child due to the fault of strangers, parents need to contact the police dispatch center.
- You need to take a referral from the police officer on duty or an investigator to undergo a medical examination confirming the fact of violence.
- You cannot bathe the child before the examination; it is worth saving all things that could have traces of what happened.
If the child’s health is in danger, you must call a doctor or an ambulance, and ask medical workers to describe in detail the condition and with what injuries the child was admitted to the hospital. A child may be interviewed by law enforcement officers only in the presence of parents, guardians or psychologists.
Where can I go in case of child abuse?
In case of violent acts against minors, you can seek help from a number of organizations, each of which has its own powers in this area:
- The Commission on Minors' Affairs is a body whose duty is to protect minors from all forms of violence, identify facts of abuse and social rehabilitation of children. You can contact this organization for help if you become aware that a child does not receive the necessary material support, lives in unsanitary conditions, or is deprived of parental supervision.
- Guardianship and trusteeship authorities are a body authorized to check the living conditions of children in the family, represent their interests in court, and file claims in court for deprivation or restriction of parental rights. In addition, the body carries out preventive work and also identifies disadvantaged families.
- Commissioner for Children's Rights - ensures the protection of children's rights and their restoration, assists in identifying and investigating violations of children's rights. The main function is independent control over the activities of government bodies ensuring the interests of children are respected.
- The prosecutor's office is engaged in protecting the rights of the child in court, presenting demands for the restoration of the rights of minors to the guardianship and trusteeship authorities and other competent authorities, and can file lawsuits in court for deprivation of parental rights.
Violent acts against minors must be stopped, and children who have suffered from such acts need long-term rehabilitation, which they need in order to survive the trauma without consequences.
Mikhail Krasilnikov
1 Judicial interpretation
V. was convicted under Art. 116 of the Criminal Code of the Russian Federation: he grabbed the minor S. by the collar of his jacket, squeezing the child’s neck to the point of suffocation, causing physical pain, and dragged him in this position into the entrance and along the steps of the flight of stairs (judicial site No. 1 of the Bagrationovsky district of the Kaliningrad region, case No. 112/2012).
M. was convicted under Part 1 of Art. 116 of the Criminal Code of the Russian Federation for committing violent acts against V., namely: not letting V. into the apartment, M. began to close the door and deliberately hit the victim on the back with the door, trapping V. in the doorway and causing her physical pain (court station No. 81 of the Chusovsky municipal district of the Perm Territory, case No. 1-12/2011).
When considering a criminal case against D. under Part 1 of Art. 116 of the Criminal Code of the Russian Federation, the magistrate came to the conclusion that other violent actions were expressed in the fact that the defendant put the minor G. on his knees in the corner of the hallway, where the child stood for at least seven hours, as a result of which the boy suffered from prolonged contact of his knees with a hard surface pain (court station No. 1 of the Kemerovo district of Kemerovo, case No. 1-17/2011).
The first offense provided for in the legislation of the Russian Federation is rape of a minor. This provision is enshrined in paragraph “a” of part three of Article 131 of the Criminal Code of the Russian Federation and paragraph “b” of part 4 of Article 131 of the Criminal Code.
Sexual crimes are among the most serious attacks on a person, causing enormous moral and physical harm to victims. The use of mental and physical violence, extreme cruelty, causing death to victims and other grave consequences are a component of almost all sexual crimes.
Rape under Russian law is sexual intercourse with the use of violence, or the threat of its use against the victim or other persons, or using the helpless state of the victim. Under sexual intercourse, according to the Resolution of the Plenum of the Supreme Court of the Russian Federation "On judicial practice in cases of crimes provided for in Articles 131 and 132 of the Criminal Code of the Russian Federation" dated June 15, 2004, is meant the commission of sexual intercourse between a man and a woman, therefore all other actions are qualified under Article 132 “Violent acts of a sexual nature”.
When qualifying sexual crimes, the age of the victim is important. Criminal liability arises for rape or violent acts of a sexual nature that occurred against both minors and minors.
The object of the crime in this case is, in the case of paragraph “a”, part 3. Art. 131, sexual freedom of a minor, and in the case of clause “b”, part 4 of Art. 131, sexual integrity of a person under 14 years of age. This distinction is based on the fact that persons under the legal age of consent have sexual integrity. However, according to the rules of law, paragraph “a” of Part 3 of Article 131 includes both persons from 14 to 16 years of age, who, according to this law, fall under the concept of “sexual integrity”, and persons from 16 to 18 years of age who have sexual freedom. This seems to be a flaw in the legislation, based on the contradictions between the established age of consent and the actual position of the legislator on the age of consent for sexual activity, which at one time was set at 14 years. In addition, an additional object of the crime in this composition can be considered the health of the victim, since when violence is used, as well as when the victim is young, physical harm is caused to her health. In cases provided for in paragraph "a" part 4. Art. 131 the object of the crime is also the death of the victim.
Rape of a minor is considered a crime taking advantage of her helpless state. The victim, due to her age, is not able to understand the nature and consequences of the actions committed against her.
Before the adoption of the Criminal Code of the Russian Federation in 1996, the ability of the victim to understand these circumstances was checked every time by the court, which was guided by the age of the victim, his level of development, conditions of upbringing, etc. The 1996 Criminal Code correctly approached this issue by formalizing the age limit, dividing two groups of victims - minors and minors. Thanks to this approach, the court no longer needed to find out from the victims all the details of the rape to check whether the victim understood the meaning, significance and nature of the actions performed on him.
sexual inviolability of a minor crime
Today, the criminal law has abandoned the use of the term “knowledge” to characterize the subjective attitude of the perpetrator towards minors and young victims of rape and sexual assault.
The objective side of the crime is the commission of an act in the form of sexual intercourse with a person under the age of majority, as mentioned above. Moreover, the new amendments provide that under paragraph “b”, part 4. Article 131 also subject to qualification actions provided for in Articles 134 and 135 in relation to persons under the age of 12 years.
To recognize an act as completed, no harmful consequences must occur.
In addition to sexual intercourse, the objective side of rape also includes physical violence, or the threat of its use, as well as taking advantage of the victim’s helpless state. The use of violence, or the threat of its use, is a key point in distinguishing the offense of rape from the offense provided for in Article 134 of the Criminal Code - sexual intercourse with a person under the age of 16 years. Physical violence means holding, tying up, beating, causing mild or moderate harm to health, as well as carelessly causing serious harm to health. under mental violence - the use of threats, intimidation of the victim. Unlike the laws of some Western countries, inducement to engage in sexual intercourse under the influence of deception or breach of trust is not considered rape, unlike the laws of some Western countries. According to judicial practice, the use of violence is covered by Article 131 only if it was committed before the start of sexual intercourse in order to suppress the resistance of the victim or prevent it. If violence was used after the end of sexual intercourse, then this should be interpreted as a set of crimes. Also, some scientists, for example, A. Kibalnik and I. Solomenko, express the view that in cases where minimal physical violence was used in order to induce voluntary sexual intercourse in such a rude and unacceptable way, or in retaliation for refusal to voluntarily enter into sexual intercourse, then in this case there is no element of rape or attempted rape, and the person can be held accountable only for the very fact of using violence.
The threat used by the criminal must be real, threatening the life or health of the victim or other persons, regardless of whether the criminal had real intentions to carry it out. The threat must also precede sexual intercourse. A threat cannot be considered such if the promise of violence refers to the future, or the victim is threatened with the dissemination of defamatory information, or damage or destruction of property. Also, the threat should be distinguished from the offense provided for in Article 133 of the Criminal Code - coercion of a woman into sexual intercourse, which also provides for the use of mental pressure.
The helpless state of the victim is understood as the victim being in a state of alcohol or drug intoxication, a mental disorder, as a result of which the victim was not aware of the nature of the actions performed on her, physical disabilities, as well as young age. To recognize the rape of a minor on the basis of taking advantage of the victim’s helpless state, the principle of the victim’s age is now applied, as we mentioned above. The main criterion here is the inability to understand the actual side and social role of sexual relations, based on the level of development and awareness of sexual relations.
On the subjective side, rape is characterized by the presence of direct intent, since rape is a crime with a formal composition.
In assessing the subjective attitude of the perpetrator to the age of the rape victim, several scientific positions have emerged, each of which corresponds to a certain stage in the evolution of law enforcement practice.
In a deliberate crime, such as rape, the attitude of the perpetrator to all elements of the crime must be exclusively intentional. In this regard, a situation in which the perpetrator did not foresee the minority of the victim, although he should have and could have foreseen it, should not be covered by the offense of rape of a minor. As a result, the legislation stated that liability for rape of a minor was possible only in cases where the perpetrator knew or admitted that he was committing a violent sexual act with a person under 18 years of age.
The modern version of the Criminal Code of the Russian Federation does not require knowledge of the age of the victim of rape and sexual assault. In this regard, in full accordance with the principle of guilt, it must be stated that responsibility for the crimes in question is possible both in cases where the perpetrator reliably knew about the age of the victim, and in cases where such knowledge was of a presumptive, probabilistic nature. Rape is a deliberate crime. Every sign of the objective side that characterizes his social danger must be recognized by the guilty person. At the same time, the formula of intent, enshrined in Article 25 of the Criminal Code of the Russian Federation, does not distinguish between the types of intent itself, depending on the degree of reliability of awareness of these signs. Awareness is rather not knowledge, but understanding based on the perception of the situation. The perpetrator can perceive a wide variety of information characterizing the victim: birth documents, words of the victim herself, statements of her friends or relatives, behavior, occupation, appearance, etc. Based on this objective data, he must form an understanding of whether the victim is under 18 or 14 years of age. This understanding, even in the most general form, is quite sufficient for the imputation of the corresponding qualifying attribute.
Crimes provided for in Part 3 and Part 4 of Article 131 are committed with two forms of guilt: the main one - with intent, additional ones - with negligence. In general, according to Article 27 of the Criminal Code, they are recognized as intentional crimes.
A separate issue is the presence or absence of the victim’s consent in controversial situations. In such cases, to correctly determine whether the victim has consent, a comprehensive sexological and psychological examination should be carried out, the results of which must be assessed taking into account all the circumstances of the case. When resolving the issue of consent when a criminal uses contraceptives, it can be reasonably stated that in itself, without taking into account other circumstances of the case, this cannot serve as a justification for the consent of the victim, since contraceptives could be used on the initiative of the criminal himself.
In practice, the legal assessment of “voluntary” sexual intercourse with a minor causes significant difficulties. In a number of cases, courts classified such sexual deviations (deviations from sexual morality) as rape. However, young age alone cannot serve as a basis for qualifying sexual intercourse with the consent of the victim to engage in sexual intercourse as rape using the helpless state of the victim.
Thus, I. was sentenced to imprisonment under paragraph "b" of Part 4 of Article 131 of the Criminal Code of the Russian Federation. He was found guilty of raping 13-year-old N.
In the cassation appeal, I., without challenging the commission of sexual intercourse with the victim, denied the use of violence against her and asked to reclassify his actions under Article 134 of the Criminal Code of the Russian Federation.
The lawyer of the convicted person also argued in the cassation appeal that the conclusion of the expert psychologist contradicts the conclusions of the court.
The Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation found that the court's conclusion about I.'s guilt in committing a crime corresponds to the actual circumstances of the case and is based on evidence.
As follows from the testimony of the convict, while drinking alcohol he became aware that N. was 13 years old. In the evening they went to a disco. From there he and N. headed home. On the way, I. took her to the territory of the kindergarten, where he had sexual intercourse with her.
Witnesses - spouses G. explained that their niece N. went to the disco, but did not return home. N.'s night searches did not yield results, and in the morning she appeared herself. Her clothes were dirty and there were blood stains on her trousers. On the same day, the girls were sent to their parents.
According to the conclusion of the forensic expert, N. had injuries characteristic of sexual intercourse, and according to the conclusions of the biological expert, the discovered traces of biological origin could have come from I.
The arguments of the complaints that there is no evidence in the case that the convict committed a violent sexual act were carefully checked in court and were reasonably rejected.
According to the conclusion of the forensic expert, multiple injuries were found on the victim’s body in the form of abrasions on the skin of the back, on the outer surface of the right forearm, a bruise on the chest on the right, scratches on the skin of the forehead, classified as lungs that did not cause health problems.
According to the conclusion of the experts who conducted the forensic psychological examination, victim N., as a person with increased suggestibility and without a strong-willed principle, could not resist in a situation of imaginary or real violence. Her lack of drinking habits may have contributed to her indecisiveness and passivity in violent situations.
Given such data, indicating the helplessness of the victim’s condition due to severe alcohol intoxication and age, the court’s conclusions that the convict committed rape, and not voluntary sexual intercourse, are legal and justified.
The conclusion of the forensic psychological examination did not have any advantage over other evidence for the court's conclusions and was assessed in conjunction with all the factual data in the case.
Having comprehensively, fully and objectively examined the circumstances of the case, giving them a proper assessment, the court came to a reasonable conclusion that I. was guilty of committing a crime.
Only such cases should be considered as forced sexual intercourse despite apparent “voluntariness” when, due to their young age, mental retardation, etc. the victim, knowingly for the perpetrator, could not understand the nature of the actions committed against her. In other cases, the act constitutes a crime under Article 134 of the Criminal Code of the Russian Federation.
The qualification problem regarding the application of Article 131 in practice comes down to the distinction between these crimes and related crimes, for example, Articles 132, 134 of the Criminal Code of the Russian Federation.
Sexual intercourse and other actions of a sexual nature committed against minors fall under Article 134 of the Criminal Code of the Russian Federation only if committed voluntarily, with the consent of the victim himself. However, very often there are situations where the consent of a minor victim to homosexual contact or other similar actions was the result of physical violence or the threat of its use, and in some cases - simply deception or misrepresentation.
Homosexual contact in these cases appears outwardly to be voluntary. But these actions must be qualified not under Article 134 of the Criminal Code of the Russian Federation, but considered as violent acts of a homosexual nature on the basis of taking advantage of the helpless state of the victim and qualified under Article 132 of the Criminal Code of the Russian Federation, since consent in these cases cannot be recognized as valid.
A helpless state is the state of the victim, due to which at the time of the assault he is deprived of the opportunity to take measures for self-preservation due to the fact that he is not aware of the surrounding situation, or does not understand the nature and significance of what is being done in relation to his act, or he cannot provide resistance to the perpetrator or otherwise avoid danger and is unable to voluntarily exit this state. These signs of a helpless state in their essential characteristics certainly apply to many situations of sexual crimes against children.
It should be established whether the victim, due to her age and development, could understand the nature and significance of the actions performed on her. If, due to young age, mental retardation and other similar circumstances, the victim was deprived of this ability, what the perpetrator did should be considered rape or violent acts of a sexual nature using the helpless state of the victim and qualified accordingly under Article 131 or Article 132 of the Criminal Code of the Russian Federation.
When distinguishing between sexual intercourse with a person under 16 years of age and rape of a victim under 14 years of age or a minor, it is necessary to establish whether the victim, due to her age and development, could understand the nature and significance of the actions performed on her.
If the victim, due to her young age or, for example, mental retardation, could not understand the nature and meaning of the actions performed on her, the act should be considered as rape, committed using the helpless state of the victim.
The main motive for the crime is sexual satisfaction; there may be other motives: revenge, the desire to humiliate the victim, hostile relations with the victim. When qualifying a crime, the purpose and motive are not significant factors, but can be taken into account by the court when assigning punishment.
The subject of the crime is a male person who has reached the age of 14, and the qualification of the crime under clause “b”, part 3 of article 131 will apply even to those criminals who themselves are still minors. This provision is interesting from a legal point of view: despite the fact that under Article 134 such attacks are not criminal, under Article 131 they are interpreted as a deliberate attack on the sexual integrity of a minor by another minor, whose sexual integrity is also protected.
It would be more correct to interpret such an encroachment under Part 1 of Article 131. As for the gender of the offender, despite the fact that a male person is indicated as the subject, a woman can be prosecuted as an accomplice to gang rape, since gang rape can also be considered an act in which acts of a sexual nature were committed by only one of the accomplices.
The new wording of Article 131, paragraph 5, also provides for additional liability for the commission of rape of a minor by a person who has previously committed rape of a child or minor. But this innovation is unjustified, since the Criminal Code already provides for enhanced penalties for repeat crime, and the introduction of additional clauses establishing punishment for it, directly in specific compositions, can lead to legal confusion and prevents the uniform application of criminal law.
As for the criminal legal sanctions established by the legislator as measures of responsibility for the rape of a minor and the rape of a minor, they seem reasonable and proportionate to the crime committed, since this assault really has a high social danger and causes significant harm to the health and normal moral and physical development of the child .
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.
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