In our country, the category of sex crimes has walked a long and difficult path. Of course, rape is considered the most common sexual offense. It was present in the criminal law under Peter the Great. A fundamental innovation in Russian jurisprudence was the appearance of article 132 in the criminal code of our country.
Sexual violence (hereinafter referred to as VATH) is punishable by law. For some time now, these acts have become a separate type of violation of the law. There is now a line between sexual assault and rape. What distinguishes these concepts, and what punishment is provided, is described in this article.
What is the difference between violence and rape?
Violent sexual activities previously belonged to the rape group. But now there are limits to attacks. Rape is a traditional sexual act involving violence against a woman, that is, committed against her will. Sexual acts are all other forms of violence. They are mainly associated with physical effects on the body, but there is no direct sexual intercourse in this case. There are two main points that characterize rape:
- the criminal is only a man, and the victim is a woman;
- it is considered to be such if the man used violence or threats to the victim and then committed direct vaginal penetration.
In violent acts, criminals and victims can be of any gender. And contact can be not only heterosexual.
Features of violence
Violent sexual activity is a surrogate or unnatural method of satisfying one’s natural needs. Moreover, committed through threats and violence. VATH have a great danger for two reasons:
- the victims do not contact the police, not believing that the offender will be punished, or fearing public conviction or publicity;
- consequences of VATH can not only cause harm in the physical plane, but also greatly affect the emotional, harm the psyche.
What is involved in sexual assault?
The law has a set of specific features that make an act criminal. They are necessarily accompanied by violence, threats of its use. The composition of VATH includes:
- Violation of sexual integrity and human freedom. That is, sexual intercourse should be performed by mutual consent and with the possibility of independent choice of a partner and forms of sex.
- Active violent actions of the offender (or threat), which were aimed at his sexual satisfaction. This can be sodomy, lesbianism (tribalia, safism) or other sexual acts (obtaining satisfaction without having sexual intercourse: imitation, masturbation, etc.).
- Forcing a woman to heterosexual intercourse.
- When committing VATH, the offender had a direct intention and was aware of the possible consequences of his act.
- A criminal can only be a person who is 14 years old. Regardless of gender.
Article
Any actions of a sexual nature (CC, art. 132) punishable by law. This article has five parts. Four of them describe the punishment for actions that have aggravating signs. That is, the crime of VATH itself is divided into several types, according to which penalties are established.
Features of the article, taking into account the status of the criminal
For sexual acts committed by several persons or organized crime groups according to the preliminary plan, a more severe punishment is imposed - a prison term of up to ten years.
If the VATH has been committed against a teenager (up to fourteen years old) by a person who previously had a criminal record for such a crime, then he faces a prison term of 15 to 20 years. At the same time, he is prohibited from holding certain positions for up to 20 years. Or - life imprisonment.
Features of the article, taking into account the situation of the victim
Even if the victim was unconscious or helpless during the commission of VATH (intoxication, sleep, etc.), the person who committed VATH or other sexual acts on him will be punished. The term of imprisonment is from 3 to 6 years, according to Art. 132 of the Criminal Code, part 1.
Or victims may be in a special situation because of their age. VATH in relation to adolescents from 14-18 years of age (Article 132 of the Criminal Code, paragraph “A”, part 3) is a prison term of up to 15 years. Sexual acts against adolescents under 14 years of age (Article 132 of the Criminal Code, paragraph “B”, part 4) are a prison term of up to 20 years.
Circumstances of the crime
The circumstances of a crime are the nature of the methods used by the criminal to achieve the ultimate goal. Situations where there were threats to the health or life of the victim were considered separately. Or actions that were accompanied by particular cruelty (Article 132 of the Criminal Code, paragraph "B", part 2). This is a prison term of 4 to 10 years.
The severity of the consequences of the crime
Sexual acts do not only cause emotional harm to the victim. There are physical consequences that are punished depending on severity:
- Infection with sexually transmitted diseases that can be cured (Article 132 of the Criminal Code, paragraph "B", part 2). This is a prison term of 4 to 10 years with a possible conditional restriction of freedom up to two years.
- Serious bodily harm or infection with HIV, AIDS and other incurable sexually transmitted diseases, even if they cause great harm to health in a short time (syphilis). Serious consequences also include suicide, infertility or impotence (art. 132 of the Criminal Code, paragraph “B”, part 3). This is a prison term of up to 15 years.
- The death of the victim due to sexual violence (Article 132 of the Criminal Code, paragraph “A”, part 4). This is a prison term of 12 to 20 years. At the same time, it is forbidden to work in specific positions or perform certain activities for up to 20 years. Plus a possible additional conditional restriction of freedom up to 2 years.
Punishment for VATH
For acts of a sexual nature, penalties are provided for under article 132 of the Criminal Code of the Russian Federation. Life imprisonment may be imposed. All parts of the article have different terms of imprisonment, but at least 3 years. Sometimes there are extenuating circumstances, but in the case of VATH, it is almost impossible to find them, because these are violent crimes that cause suffering, which cannot be justified.