Article 132 of the Criminal Code of the Russian Federation: on liability for violent sexual activities
For crimes committed on sexual grounds in our country for a long time reigned legal confusion. There was a responsibility for rape, which was understood as coercion by a man of a woman to have sex. In addition, the Soviet legislation severely punished for sodomy, regardless of whether there was violence or such an act was held by mutual consent. Article 132 of the Criminal Code introduced to restore order in this sensitive area of jurisprudence.
Freedom of sex is the fundamental right of every person.
The sexual life of every citizen is his personal affair, and his inviolability is protected by law. Any sexual act, that is, an action or lack thereof, can be accomplished only by the will of a person.Therefore, any violence in the field of intimate relationships is qualified as a serious criminal offense against the person. Limiting the scope of criminal liability only to rape in the legislation in force in previous decades, ignored other, no less dangerous types of offenses. Currently, sexual offenses fall under one of five articles of the Criminal Code of the Russian Federation, beginning with the 131st and ending with the 135th.
Vague wording of past decades
If liability for rape provides for forced sexual intercourse, the article on violent sexual activities extends the range of application of criminal law both in terms of the sex of the perpetrator and the nature of his actions. In particular, article 132 of the Criminal Code of the Russian Federation allows the prosecution of women who have committed crimes against men or other women. While before it was impossible. In order to understand the legal sense of 132 Art. The Criminal Code, it is necessary to determine what is meant by violent sexual acts. By them is meant what was previously vaguely called “satisfaction of sexual passion in a perverted form” in the codes of some union republics.The formulation was very vague, because the corpus delicti is not determined by “passion”, even if it is sexual, and not by “form”, even in the case of its extreme perversion. In the end, spouses or lovers can commit by consensus in bed any madness that they like.
The gap in the criminal law
The main thing that qualifies article 132 of the Criminal Code of the Russian Federation as sexual offense is coercion of the victim, but this moment remained outside the vague wording of the Soviet times, but the state had a legislative basis for interfering in the intimate life of any citizen. This is amended in the new Criminal Code of the Russian Federation. Article 132 proclaims responsibility for any action performed without the partner’s consent with respect to his sexual integrity. It occurs regardless of whether they are committed by a man or a woman, under the threat of physical violence, with the use of psychological pressure or when the injured person was in a helpless state. Article 132 of the Criminal Code provides for various punishments for forcing acts of a sexual nature, committed without sexual intercourse, including homosexual acts.