Violent acts of a sexual nature: article, punishment
In our country, the category of sexual crimeswalked a long and difficult path. Of course, the most common sexual offense is rape. It was present in the criminal legislation even under Peter the Great. A fundamental innovation in the Russian jurisprudence was the appearance in the criminal code of our country of article 132.
Violent acts of a sexual nature(hereinafter referred to as VAT) are prosecuted by law. For some time these acts have become a separate type of violation of the law. Now there is a border between violent actions, which are of a sexual nature, and rape. What are the differences between these concepts, and what punishment is provided for, is described in this article.
What is the difference between violent acts and rape?
Violent sexual acts previously includedin the group "rape". But now there are boundaries of encroachments. Rape is a traditional sexual act with violence against a woman, that is, committed against her will. Actions of a sexual nature-these are all other forms of violence. Basically, they are 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 offender is only a man, and the victim is a woman;
- it is considered as such if the man has applied violence or threats to the victim and then made direct vaginal penetration.
When violent actions, criminals and victims can be of any gender. And contact can be not only heterosexual.
Peculiarities of Violent Actions
Actions of a sexual nature usingviolence is a surrogate or unnatural method of meeting one's natural needs. And perfect by means of threats and violence. VATS are of great danger for two reasons:
- victims do not turn to the police, not believing that the offender will be punished, or afraid of public condemnation or publicity;
- the consequences of VAT can not only cause harm in the physical plane, but also greatly affect the emotional, harm the psyche.
What is involved in violent acts of a sexual nature?
In the law there is a set of specific signs that make the act criminal. They are necessarily accompanied by violence, threats of its use. The structure of VAT includes:
- Violation of the person's sexual inviolability and freedom. That is, the sexual act must be carried out by mutual consent and with the possibility of self-selection of a partner and forms of sex.
- Active violent actions of the offender (orthreats), which were aimed at his sexual satisfaction. This can be sodomy, lesbianism (tribalia, safism) or other sexual acts (getting satisfaction without having sex: imitation, masturbation, etc.).
- Forcing a woman to have heterosexual intercourse.
- When committing VAT, the criminal had a direct intent and was aware of the possible consequences of his act.
- Only a person who is 14 years old can be a criminal. Regardless of gender.
Any actions of a sexual nature (Criminal Code, Article 132)punishable by law. This article has five parts. Four of them describe the punishment for actions that have burdensome signs. That is, the very crime of VAT is divided into several types, according to which penalties are established.
Features of the article that take into account the status of the offender
For acts of a sexual nature committed by several persons or the OCG under the preliminary plan, a more severe punishment is required - a prison term of up to ten years.
If the VAT has been committed against a teenager (beforefourteen years old) a person who previously had a criminal record for such a crime, then he faces a prison sentence 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 during the commission of VATwas in an unconscious or helpless condition (alcoholic intoxication, sleep, etc.), the person who committed VAT or other acts of a sexual nature over him will be punished. The term of imprisonment from 3 to 6 years, according to Art. 132 of the Criminal Code of p.
Or victims can be in a specialposition because of his age. VAT in respect of adolescents from 14-18 years (Article 132 of the Criminal Code, clause "A", part 3) is a prison term of up to 15 years. Actions of a sexual nature for adolescents under 14 years (Article 132 of the Criminal Code, paragraph "B", Part 4) is a prison term of up to 20 years.
The circumstances of the commission of a crime
The circumstances of a crime are the nature ofmethods used by the perpetrator to achieve the ultimate goal. Separately, situations are considered when there were threats to the health or life of the victim. Or the actions that were accompanied by special cruelty (Article 132 of the Criminal Code, clause "B", part 2). This is a prison sentence of 4 to 10 years.
Severity consequences of crime
Actions of a sexual nature cause not only emotional harm to the victim. There are physical consequences, which are punished depending on the severity:
- Infection with sexually transmitted diseases that can be cured (Article 132 of the Criminal Code, item "B", part 2). This is a term of imprisonment from 4 to 10 years with a possible conditional restriction of liberty to two years.
- Infliction of serious harm to health or infectionHIV, AIDS and other incurable venereal diseases, even if they cause great damage to health in a short time (syphilis). Severe consequences include also bringing to suicide, received infertility or impotence (Article 132 of the Criminal Code, clause "B", part 3). This is a term of imprisonment of up to 15 years.
- Death of the victim, due to sexualviolent actions (Article 132 of the Criminal Code, clause "A", part 4). This term of imprisonment is from 12 to 20 years. At the same time, it is prohibited to work in specific positions or perform certain activities for up to 20 years. Plus the possible additional conditional restriction of freedom to 2 years.
Punishment for VAT
For acts of a sexual nature provided forpunishment under Article 132 of the Criminal Code of the Russian Federation. Life imprisonment may be used. All parts of the article have different terms of imprisonment, but at least 3 years. Sometimes there are mitigating circumstances, but in the case of VAT, it is almost impossible to find them, because these are violent crimes that cause suffering, which can not be justified.