Art. 131, 132 of the Criminal Code of the Russian Federation Rape. Sexual assault
1. Rape, that is, sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or with the use of the helpless state of the victim, -
is punished with imprisonment for a term of three to six years.
2. Rape:
a) committed by a group of persons, by a group of persons in a preliminary conspiracy, or by an organized group;
b) combined with a threat of murder or infliction of grievous bodily harm, as well as committed with particular cruelty towards the victim or other persons;
c) entailing infection of the victim with a venereal disease, -
shall be punishable by deprivation of liberty for a term of four to ten years, with or without restraint of liberty for a term of up to two years.
3. Rape:
a) a minor;
b) entailing by negligence the infliction of grievous harm to the health of the victim, her infection with HIV or other grave consequences, -
shall be punishable by deprivation of liberty for a term of eight to fifteen 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 restraint of liberty for a term of up to two years.
4. Rape:
a) entailed by negligence the death of the victim;
b) a victim who has not reached the age of fourteen -
shall be 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 restraint of liberty for a term of up to two years.
5. The act provided for by paragraph "b" of part four of this article, committed by a person who has a previous conviction for a crime against the sexual inviolability of a minor, -
shall be punishable 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 of up to twenty years, or life imprisonment.
Note. The crimes provided for by paragraph "b" of part four of this article, as well as paragraph "b" of part four of Article 132 of this Code, also include acts falling under the signs of crimes provided for by parts three to five of Article 134 and parts two to four of Article 135 of this Code. Of the Code, committed against a person under the age of twelve, since such a person, due to his age, is in a helpless state, that is, he cannot understand the nature and meaning of the actions performed with him.
On the objective side, rape is sexual intercourse between a man and a woman in a natural form with the use of physical or mental violence (threat) to the victim or other persons, or using the victim's helpless state (i.e. violent heterosexual intercourse). Any other violent ways of satisfying sexual desire by a man and a woman (sodomy, lesbianism and so-called "other actions of a sexual nature") entail responsibility under Art. 132 of the Criminal Code of the Russian Federation.
1.
Article 131 of the Criminal Code in comparison with Art. 117 of the 1960 Criminal Code of the RSFSR has significant differences, which can be summarized as follows:
1) the signs of rape have been clarified;
2) new aggravating circumstances are included that affect the qualification of the crime;
3) the previous aggravating circumstances were clarified and their new classification was given taking into account the modern assessment of the degree of public danger;
4) rape is clearly delimited from violent acts of a sexual nature (see the commentary to Art. 132 of the Criminal Code);
5) some other changes have been made that are important for the characteristics of this crime, which will be commented on in the process of their further consideration.
2. Rape is sexual intercourse between a man and a woman committed against her will and desire as a result of physical or mental (threat) violence or the use of the victim's helpless state.
3. Rape refers to the violent performance of a natural, established in nature, sexual intercourse between a man and a woman. All other violent "sexual acts" are violent acts of a sexual nature (Art. 132 CC).
4. Violence should be understood to mean both physical and mental violence. Physical violence can consist of beatings, wounds, infliction of other physical pain, tying, holding in a room, being unable to call for help, etc.
Mental violence can be expressed in intimidation of the victim, in threats of physical violence against the victim, her children, close relatives and other persons.
In Art. 131 of the Criminal Code, the threat of violence as a means of overcoming the resistance of the victim (part 1) and the threat of murder or grievous bodily harm as a circumstance aggravating rape (part 2) should be distinguished. In the first case, the threat is the realization of mental violence against the victim.
5. The helpless state of the victim means her inability to resist having sexual intercourse with her or the inability to correctly assess the events taking place in her mental state. In such cases, it should be obvious to the perpetrator that the victim is in a helpless state.
When a woman is raped, the perpetrator can take advantage of the victim's being in a helpless state, or he can himself lead her into a helpless state (for example, add a large dose of sleeping pills or drugs to food, wine, etc.) to achieve his goal.
6. In one of the cases of rape, the Supreme Court of the USSR explained: “The following can be considered as a helpless state: the victim's physical disabilities, young age, mental disorder, unconsciousness or other painful state, due to which she could not understand what was happening and resist. Consequently, sexual intercourse with a woman in a state of intoxication, without the use of physical violence or threats, in itself is not a reason to consider this as a criminal act. would deprive her of the opportunity to be aware of the environment, to understand the meaning of the actions committed by the guilty party or to resist him "(see Issues of criminal law and process, 1980, p. 174).
7. The plenum of the Supreme Court of the Russian Federation in paragraph 5 of the resolution "On judicial practice in cases of rape" in the wording of December 21, 1993 indicated that if it is seen from the materials of the rape case that the helpless state of the victim occurred as a result of the use of drugs, narcotic drugs , potent or poisonous substances, the properties and nature of their action on the human body can be established by an appropriate expert, whose conclusion should be taken into account when assessing the condition of the victim, along with other evidence (see Sat. post. Plenum of the Supreme Court of the Russian Federation. 1991 - 1993. M., 1994, p. 89).
8. The finished crime, as explained by the Plenum in paragraph 1 of the same resolution, rape should be considered from the moment of the beginning of sexual intercourse, regardless of its consequences. In other words, it is not required for the recognition of the crime to be completed, neither the corruption, nor the completion of the sexual intercourse in the physiological sense. At the same time, the Plenum pointed out that the actions of a person seeking a woman's consent to sexual intercourse by deceit or abuse of trust, for example, knowingly making a false promise to marry her, cannot be considered rape.
9. Violent actions of a person should be considered as attempted rape if it is established that they preceded sexual intercourse, which the perpetrator, for reasons beyond his control, could not start, although he overcame the resistance of the victim. This situation must be distinguished from voluntary renunciation of the crime (see commentary to Art. 31 of the Criminal Code).
10. The Plenum of the Supreme Court of the Russian Federation in paragraph 15 of the above resolution drew the attention of the courts to the fact that when resolving cases of attempted rape with the use of physical or mental goals. Only in the presence of these circumstances, the actions of the perpetrator can be considered as attempted rape. In this regard, it is necessary to distinguish attempted rape from other criminal offenses affecting the honor, dignity and inviolability of a woman's personality (lecherous actions, hooliganism, bodily harm, insult, etc. (see Sat. post of the Plenum of the Supreme Court of the Russian Federation. 1991 - 1993, M., 1994, p. 86).
11. On the subjective side, rape is committed with direct intent. The perpetrator realizes that he commits sexual intercourse as a result of violence, without the consent of the victim and against her will. The motive for the crime is the gratification of sexual desire.
12. The subject of rape can be a male person who has reached the age of 14. A woman who is a member of a group that committed a rape (in judicial practice, there are cases of organizing a rape of a woman by her "friend" on the basis of envy or revenge) is subject to liability under paragraph "b" of Part 2 of Art. 131 of the Criminal Code, in other situations of rape, women are responsible as instigators or accomplices.
13. Repeated rape is recognized when it has been committed at least two times, regardless of what part of this article the first crime was classified under and when violent acts of a sexual nature were previously committed. If the previous rape or violent acts of a sexual nature have been cleared or canceled, the new rape is not recognized as committed repeatedly and is subject to qualification without taking into account the sign of repeated rape.
14. From clause 6 of the mentioned resolution of the Plenum of the Supreme Court of the Russian Federation it follows that clause "a" part 2 of Art. 131 of the Criminal Code shall be applicable regardless of whether the perpetrator was convicted of the first violent sexual intercourse, whether the committed rape was completed and whether the perpetrator was the perpetrator or an accomplice of these crimes. When two or more rapes are committed, the responsibility for which is provided for by different parts of the article of the Criminal Code on responsibility for rape, as well as when an attempt to rape or complicity in this crime is committed in one case, and in the other - completed rape, the actions of the perpetrator for each of these crimes must qualify independently (see ibid.).
15. In cases where the violence against the victim was not interrupted or was interrupted for a short time and the circumstances of the commission of violent sexual acts testify to the common intent of the perpetrator, the commission of the second and subsequent sexual acts by him cannot be considered as a circumstance that gives grounds for qualifying the act on the basis of repetition, now - multiples (see ibid.).
16. In item "b" part 2 of Art. 131 of the Criminal Code, not only rape by a group of persons, as was the case in Art. 117 of the Criminal Code of the RSFSR, but also by a group of persons by prior conspiracy and by an organized group.
17. As the Plenum of the Supreme Court of the Russian Federation emphasized in paragraph 8 of the said resolution, the qualification of rape as committed by a group of persons can take place when the persons who took part in it acted in concert with the victim. At the same time, the actions of not only persons who have committed violent sexual intercourse, but also persons who assisted them by using physical or mental violence against the victim should be classified as group rape. The actions of persons who have not personally committed violent sexual intercourse, but through the use of violence against the victim who assisted in her rape, should be qualified as co-execution in a gang rape (see ibid.).
18. The actions of a member of a gang rape are subject to qualification under clause "b" of Part 2 of Art. 131 of the Criminal Code, regardless of the fact that the other participants are not prosecuted for not reaching the age of criminal responsibility or insanity.
19. Persons who have raped the victim and did not assist each other in achieving the criminal goal should not be held responsible for a rape committed by a group.
20. The threat of murder or grievous bodily harm should be understood as a clearly expressed intention to deal with the victim immediately, in the same place where they are. Such a threat may be accompanied by a demonstration of the instrument of this crime: a knife, razor, stone, etc. In confirmation of the reality of the threat, the victim may be injured by these objects.
21. When qualifying rape on the basis of a threat of murder or infliction of grievous bodily harm, one should proceed from the fact that it does not matter whether the perpetrator had an intention to carry out the threat or relied solely on psychological impact on the victim.
22. Rape, combined with the infliction of grievous bodily harm to the victim, dangerous to life at the time of infliction, is subject to qualification based on the totality of the crimes committed - rape and grievous bodily injury.
23. Rape, combined with special cruelty, consists in mockery of the victim, causing her torment, for example, cases of many injuries with a knife encountered in court practice, and singing of hair.
24. For the infection of the victim with a venereal disease, see the commentary to Art. 121 of the Criminal Code.
25. Knowingly rape of a minor should be understood as the commission of forced sexual intercourse with a person under eighteen years of age. On the concept of knowingness, see, for example, the commentary to Art. 63 and 126 of the Criminal Code.
26. On the issue of the application of the criminal law on rape of a knowingly minor or knowingly under fourteen years of age, the Plenum of the Supreme Court of the Russian Federation in paragraph 10 of the resolution of December 21, 1993 indicated to the courts that it is possible to assess the named circumstances as aggravating only in cases where the perpetrator knew or admitted that he was having sexual intercourse with a minor or minor. In this case, it is necessary to take into account the testimony of not only the defendant himself, but carefully check their compliance with other circumstances of the case.
27. For the qualification of rape under clause "a" part 3 of Art. 131 of the Criminal Code, it is necessary to establish a causal link between the victim's death by negligence and the rape. In the absence of such a causal relationship, rape is qualified without taking into account the indicated sign, and causing death is qualified under Part 1 of Art. 109 of the Criminal Code of the Russian Federation.
28. Under the infliction of grievous harm to the health of the victim, one should understand the infliction of harm on her in the process of rape or immediately after it, which is specified in Part 1 of Art. 111 and part 2 of Art. 112 of the Criminal Code, but crimes (rape and causing grievous bodily harm) are classified according to the totality of the article in question and Art. 118 of the Criminal Code only in the absence of a causal link between rape and grievous bodily harm. In the presence of such a causal relationship, only clause "b" of Part 3 of Art. 131 of the Criminal Code.
29. Infection with HIV (see the commentary to Art. 121 of the Criminal Code) in case of rape is covered by paragraph "b" of Part 3 of Art. 131 of the Criminal Code, additional qualifications under Art. 121 of the Criminal Code is necessary only in the case when such infection is not associated with rape, but then the rape should be assessed without taking into account this feature, Part 3 of Art. 131 of the Criminal Code.
30. For other grave consequences of rape, judicial practice includes, for example, the suicide of the victim, her mental disorder, the loss of the ability to have a normal childbearing, the loss of the opportunity to have sexual intercourse.
The killing of the victim after the rape in order to conceal this crime cannot be considered as its consequence.
31. Rape associated with murder is classified according to the totality of crimes committed under clause "b", part 3 of Art. 131 and under clause "k" part 2 of Art. 105 of the Criminal Code (see commentary). In the event of the death of the victim, not in the process of rape, but as a result of leaving her in danger, qualifications are applied according to the totality of these crimes - Part 1 of Art. 131 and art. 125 of the Criminal Code of the Russian Federation
Article 132 of the Criminal Code of the Russian Federation Violent acts of a sexual nature1. Lesbianism or other actions of a sexual nature with the use of violence or with the threat of its use against the victim or other persons, or with the use of the victim's helpless state
are punished with imprisonment for a term of three to six years.
2. The same acts:
a) committed by a group of persons, by a group of persons in a preliminary conspiracy, or by an organized group;
b) connected with the threat of murder or infliction of grievous bodily harm, as well as committed with special cruelty towards the victim (victim) or other persons;
c) entailing infection of the victim (victim) with a venereal disease, -
shall be punishable by deprivation of liberty for a term of four to ten years, with or without restraint of liberty for a term of up to two years.
3. Deeds stipulated by the first or second parts of this article, if they:
a) committed against a minor (minor);
b) entailed, through negligence, the infliction of grievous harm to the health of the victim (victim), his (her) HIV infection or other grave consequences, -
shall be punishable by imprisonment for a term of eight to fifteen 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 restraint of liberty for a term of up to two years.
4. Deeds stipulated by the first or second parts of this article, if they:
a) entailed by negligence the death of the victim (victim);
b) committed against a person under the age of fourteen, -
shall be 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 restraint of liberty for a term of up to two years.
5. The acts provided for by paragraph "b" of the fourth part of this article, committed by a person who has a previous conviction for a crime against the sexual inviolability of a minor, -
shall be punishable 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 of up to twenty years, or life imprisonment.
The state of intoxication can be recognized as a helpless state only in those cases when, taking into account its degree, the victim (victim) was actually deprived of the opportunity to resist. It does not matter whether the perpetrator himself brought the victim (victim) to such a state (made him drunk, gave drugs, psychotropic substances, sleeping pills, etc.) or took advantage of a similar state that arose for other reasons.
Both crimes under consideration are completed from the moment of the beginning of sexual intercourse or the commission of other violent acts of a sexual nature. The termination of sexual intercourse by the guilty person in the physiological sense is not required for the recognition of the crime as completed.
Subjective side both the one and the other crime is characterized by direct intent.
The qualifying signs of the crimes under consideration (part 2 of article 131, part 2 of article 132 of the Criminal Code) are their commission: a) repeatedly or by a person who has previously committed rape or violent acts of a sexual nature; b) by a group of persons, by a group of persons by prior agreement or by an organized group; c) in the presence of a threat of murder or infliction of grievous bodily harm, as well as with particular cruelty towards the victim or other persons; d) if the crime entailed infection of the victim (victim) with a venereal disease; e) if it was committed against a knowingly minor (minor).
Under Part 3 of Art. 131 of the Criminal Code of the Russian Federation (part 3 of Art. 132 of the Criminal Code of the Russian Federation) comes responsibility for the act provided for in parts one or two of these articles, which a) entailed the death of the victim (victim) by negligence; b) entailed, through negligence, the infliction of grievous harm to the health of the victim (victim), her (his) HIV infection or other grave consequences; c) if it was committed in relation to a person who has obviously not reached the age of fourteen.
Rape- in a general sense - the commission of sexual intercourse with the use of violent actions against one of the partners, in the narrow legal sense - coercion into sexual intercourse with the use of physical or mental pressure.
Russian law understands rape as sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or with the use of the victim's helpless state. The immediate object of the crime: sexual freedom, freedom of choice of a partner by a woman. Mandatory qualifying feature: violence or the threat of its commission, or the helpless state of the victim. Traditionally, rape was understood as an act on the part of a man against a woman. However, at present, in many laws the concept has been expanded, it also includes coercion to have sexual intercourse by a woman, a woman, a woman, or a man. Russian legislation qualifies rape in the original sense - as sexual violence of a man against a woman committed in a natural way (Art. 131 of the Criminal Code of the Russian Federation), while other sexual crimes are classified as “violent acts of a sexual nature” (Art. 132 of the Criminal Code of the Russian Federation) or “compulsion to actions of a sexual nature ”(Article 133 of the Criminal Code of the Russian Federation). Corruption is a separate type of sexual crime. In everyday life, however, all sexual crimes are often referred to as "rape". It should be noted that Articles 131 and 132 of the Criminal Code of the Russian Federation provide for exactly the same punishments, so that such a division is a tribute to tradition.
Rape is recognized in all laws as one of the most serious types of crime. Russian legislation provides for the punishment for rape (as well as for violent acts of a sexual nature) imprisonment for a period of 3 to 6 years, and in the presence of aggravating circumstances - up to 15 years.
Marital rape has become a crime relatively recently, as feminism has developed. Previously, in almost all countries, this was considered the right of a husband.
When investigating a rape, a forensic medical examination of the victim and the suspect is mandatory. The victim undergoes a gynecological examination, and the necessary tests are taken. In addition, the clothes and underwear of the victim and the suspect are examined. All resulting facts are analyzed for use as evidence of the alleged rape. In particular, the traces of sperm found make it possible to prove that the suspect had sexual intercourse with the victim, and the traces of a struggle found on the body of the victim and the suspect may indicate that the sexual intercourse was not voluntary. However, it can be noted that the examination is not omnipotent: under certain circumstances, neither traces of bruises on the body of the victim, nor traces of recent deprivation of virginity do not prove the rape (or the guilt of a particular suspect), in other cases there may be no obvious traces (for example, if the rape was carried out without physical coercion). There are even known cases when the hymen did not break when a virgin was raped.
The examination may be unsuccessful, especially if a long time has passed since the rape. As a result, a woman who has been subjected to violence is advised to immediately contact the law enforcement agencies, keeping the clothes and underwear in which she was at the time of the rape, in no case washing them.
During the formation of the rule of law in relation to rape, the question was debated for a long time whether, in principle, an adult woman who is in full memory and capable of resistance can be raped by one man (that is, is the fact of non-resistance of the victim an indirect voluntary consent to sexual intercourse). Many old forensic doctors pointed out that even if a woman is mastered, she can still hinder copulation with the slightest movement of the body, especially the pelvis. As an objection, it was said that when discussing each specific case, it is necessary to take into account the relative strengths of the victim and the accused, as well as the possibility that even a not very weak woman, after vigorous resistance, can finally be exhausted, and that, in addition to violence, pain, caused by the struggle in connection with mental influences, fear, fear for their lives, etc. can break any further resistance.
This may follow from such facts:
a) the target of the attack is young children, adolescents of both sexes, elderly and elderly women;
6) the place of search for victims and attacks on them are located near places such as kindergartens, schools, music schools, train stations, ground transport stops, kiosks selling newspapers, ice cream, public toilets, cemeteries, etc.);
c) the presence of special cruelty in the actions of the offender (infliction of multiple injuries on the victim, excessive both for the purpose of murder and for the implementation of sexual aggression; detection of through wounds on the victim's body, as well as a significant number of posthumous wounds; randomness, disorder of bodily injuries located on many parts of the body; the presence of stab and cut wounds caused by repeated movements of the knife without completely removing it from the wound, etc.);
d) increased interest of the offender to the naked body of the victim, as evidenced by the completely removed clothes, as well as to the sight, taste and smell of blood (striking the locations of large blood vessels - the neck, abdomen in order to cause profuse bleeding, often gushing);
e) the presence on the victim's body of injuries associated with the torture of the victim at the time of sexual intercourse (traces of bites and pinches on the neck, chest, in the genital area, etc., from squeezing and scratching the body with nails);
f) unusual forms of satisfaction of sexual desire (sexual intercourse with a corpse or with an agonizing victim - numerous shallow, heaped wounds inflicted with a knife, awl or other stabbing objects in the buttocks, thighs and "genitals; when suffocating and disfiguring a corpse; traces of masturbation against the background of contemplation of the victim's naked body, etc.);
g) traces of abuse of a corpse that have a sexual connotation (damage to the breasts and genitals, dissection and separation of the mammary glands and nipples, excision of the external and internal genital organs; insertion of handy objects into the genitals, such as bottles, twigs, rags, etc.) ...
Urgent measures to find the offender.
A search in hot pursuit of a criminal who has committed a murder for sexual motives (in the absence of signs characteristic of the commission of a crime by a mentally ill person or a sexual psychopath, as well as signs of special cruelty), is not much different from the search for the perpetrator in cases of rape, when the victim stays alive.
However, in cases where similar crimes continue to be committed in a given area, it is advisable to carry out special large-scale measures with the involvement of significant forces and means. The same measures are also necessary when a murder associated with rape is committed against children and adolescents, elderly women, even in isolated cases. Especially if it was accompanied by the complete exposure of the victims, infliction of torture wounds on them, damage to the genitals, chest and other actions that testify to the manic nature of the offender and a high degree of likelihood on his part of committing similar crimes in the future. Success in solving them largely depends on the timely unification of disparate episodes into a "series" and a clear organization of the process of searching for the rapist-killer.
Search activities are mainly carried out by police officers, but the investigator is obliged to coordinate their efforts with his own and to initiate the organization of joint work.
When carrying out these events, the following are usually created:
1. Headquarters, headed by senior officials of the prosecutor's office and the Department of Internal Affairs. The headquarters is responsible for the correct deployment and use of forces.
2. An investigative-operational group headed by an investigator who has accepted the case for his proceedings.
3. Operational search and search groups for various purposes, including:
a) mobile operational search groups for the search and detention of the offender in the places of his possible appearance.
Their main goal is to ensure constant operational coverage of those places where the appearance of a criminal is most likely, from where he can take another victim or commit another crime there. At the same time, children's institutions, schools are monitored, and the terminal stops of surface urban transport, metro and other places are closed, depending on the circumstances of the crime;
6) operational search groups for covert observation of the scene of the incident or the place where the corpse was found, if they do not coincide.
With their help, ambushes are organized to detain the criminal at the moment when, guided by one or another motive, he can return to the scene of the crime he has committed. The study of the personality of serial killers-rapists shows that almost every fifth of them, having committed a crime, after a certain time again returns to the scene;
c) groups for conducting rounds in yards, houses and enterprises located in the area where the crime was committed.
Their task is to identify witnesses to the crime, as well as the surviving women who were attacked, but did not report this to the police. At the same time, persons are identified who are prone to rape, sexual perversion, sodomy, as well as the mentally ill who are in the care of relatives or guardians;
d) an operational search group to search for a criminal with the help of witnesses or surviving victims.
These persons, with their consent, are included in a group for joint patrolling in places of probable appearance of a criminal for his identification and arrest;
e) an operational search group for the arrest of a criminal red-handed using "baits".
To this end, so-called baits are sent to places where the offender can track down the next victim, the role of which is played by employees of the internal affairs bodies or men dressed in women's clothing. They operate under the cover of the task force. The goal is to detain a criminal while trying to commit another crime;
f) an operational search group to search for a criminal by means of the weights and jewelry stolen from the victim.
To do this, search work is carried out in traditional places of sale of the stolen, as well as checks on receipts in commission and buy-out shops, pawnshops of things, jewelry, similar in the description of the victim, handed over for sale or storage;
g) operational search group ^ hya identifying the offender in vehicles, which F .; used when committing crimes - according to the signs of the driver and the car.
District inspectors are involved in this work, as well as traffic police officers, who can make a sample in accordance with the data at the disposal of the investigation about the criminal's car. The identified persons from among the drivers of motor transport enterprises and owners of personal vehicles are checked for involvement in a murder with the intent of rape. At motor transport enterprises, drivers who were on the line on the day of the murder are identified, the routes of which coincide with the place of the murder. District inspectors in their administrative divisions identify which vehicles were outside the usual parking areas at the time of the murder;
h) a group, the purpose of which is to observe vehicles leaving the settlement.
It is used in cases when the victims of serial murders were women, whose corpses were found outside the village near highways. At the checkpoints, all leaving and returning vehicles of the brand of interest are registered in a special log. Then those drivers are identified who, leaving the city, carried women, and returned without them;
i) a covert surveillance group in places where corpses are found outside the village.
Monitors passing vehicles with certain signs. In a special magazine, the direction of movement of the car, its license plate, signs of appearance or clothing of the driver and passengers in it are recorded.
A group of covert surveillance in the places from where the victims were taken by the criminal by car.
Its main purpose is to register cars, the drivers of which are transporting transit passengers, to monitor car owners whose behavior is suspicious;
Documentary search group.
Carries out a search for a criminal by studying archival and ongoing criminal cases of a similar category, as well as refusal materials on the facts of rape and hooliganism that have a sexual connotation.
Subject to analysis in court are also civil cases of divorce, the cause of which was the abuse of the wife, promiscuous sexual relations between the husband and women, and sexual deviations.
In addition, the police study and analyze materials on sexual offenses, including messages, letters and statements of citizens, incident books, registers of detainees and those brought to the duty station, etc.
An operational search group to search for women, young children and adolescents who have gone missing under criminal circumstances.
The group's employees study the materials of the search cases, analyze the circumstances of the disappearance of citizens (women and children) by time, place, routes of movement, as well as by the signs of the persons in whose environment the missing were last seen and other parameters in order to establish a probable relationship with the investigated murder. Based on the analysis carried out, it can be assumed that the victims who disappeared without a trace were the victims of the same murderer-rapist, and the efforts of law enforcement agencies to identify and arrest him can be coordinated.
Knowledgeable persons (psychologists, psychiatrists and other specialists) can be of great help in solving such crimes. Especially when developing the so-called "search" portrait of the alleged offender, including information about his age, mental appearance, professional orientation, likely place of residence. Their judgments about the circle of persons to whom attention should be paid to identify the culprit may also be useful.
Sexual crimes - This is the collective name for crimes related to the satisfaction of sexual needs in forms that grossly violate the way of sexual relations established in society, the basic principles of sexual morality and harm the health and dignity of citizens.
The principles of sexual morality reflect the prevailing views in society on the conditions and nature of sexual relations. Since the way of sexual relations and sexual morality is historically changeable in different states and at different periods of time, the definition of types of sexual crimes also changes.
Thus, during the Middle Ages, sexual morality reflected religious beliefs and was formed by the church. During the development of capitalism, changes in the norms of sexual morality corresponded to bourgeois ideas about freedom of the individual and the family as an inviolable unit of society.
For example, in order to protect the sanctity of marriage, some states of the United States have established criminal liability for sexual intercourse among unmarried persons (fornication), as well as for adultery. The changing nature of sexual relations is evidenced by the existence in the modern world of not only different norms sexual morality but also various forms of family.
For example, in a number of countries where the dominant religion is Islam, polygamy is allowed. In our country, the most important principle of sexual morality is the right of those who have achieved puberty and capable citizens freely determine their sex life.
Sexual freedom - an integral part of various human freedoms protected by the state and law. It implies the right of a person who has reached a certain age to satisfy (legally) his sexual needs.
Logically, such an age should be determined by when the onset of sexual activity does not violate the normal physiological and psychologically moral formation of the personality. The latter is taken into account in family law by the determination of the marriageable age.
In accordance with Art. 13 of the Family Code of the Russian Federation, marriage is allowed from the age of 16. This is also the basis of the Criminal Code of the Russian Federation, which has established criminal liability for voluntary (non-violent) sexual intercourse and other actions of a sexual nature with a person under 16 years of age.
Thus, sexual freedom is established by Russian criminal law when a person reaches the age of 16. Due to this direct objectvolume rape and other sexual crimes committed against persons who have reached the age of 16 is sexual freedomboda.
Sexual inviolability - a narrower concept, significantly different from the concept of sexual freedom. Sexual inviolability implies absolute prohibition to have sexual intercourse with a person who has not reached a certain age, with the achievement of which the onset of sexual freedom is associated, that is, the ability of a person to make an independent decision about how and with whom to satisfy their sexual needs.
From the criminal law definition of the lower age limit for achieving sexual freedom, it follows that sexual inviolability is established in relation to persons under the age of 16. Due to this direct object rape and other sexual crimes committed against minors, as well as persons under the age of 16, and in certain cases of 14 and 12 years of age, is their sexual inviolability.
So, sexual crimes are deliberate actions of a person against the sexual inviolability and sexual freedom of a person protected by criminal law, as well as actions of this person directed against the moral and physical development of minors.
The following definition also deserves attention: crimes against sexual inviolability and sexual freedom of the individual (in theory and in practice they are often called “sexual”) are socially dangerous acts stipulated by the criminal law that grossly violate the established way of sexual relations in society by encroaching on sexual inviolability and sexual freedom of the individual.
In accordance with the Constitution of the Russian Federation, every person and citizen is guaranteed the protection of his rights and freedoms, including the right to sexual freedom and sexual inviolability. In order to ensure the protection of citizens from criminal encroachments, as well as in connection with issues that have arisen in judicial practice in cases of rape and the commission of violent acts of a sexual nature, the Plenum of the Supreme Court of the Russian Federation decides provide the courts with the following clarifications:
1. Explain to the courts that under sexual intercourse should be understood the commission of sexual intercourse between a man and a woman, under sodomy, sexual contacts between men, under lesbianism - sexual contacts between women. Other actions of a sexual nature should be understood as the satisfaction of sexual needs in other ways, including forcing a man to have sexual intercourse by a woman through the use of violence or the threat of its use.
2. To draw the attention of the courts to the need to find out in each case of rape (article 131 of the Criminal Code of the Russian Federation) and violent acts of a sexual nature (article 132 of the Criminal Code of the Russian Federation) whether there was violence or a threat of its use against the injured person (victim or victim) or other persons , as well as in what specific violence was expressed or the threat of its use.
The actions of a person who has obtained a woman's consent to have sexual intercourse or to commit acts of a sexual nature by deception or abuse of trust (for example, knowingly making a false promise to marry her) cannot be considered as crimes against sexual inviolability and sexual freedom of the individual.
3. Rape (article 131 of the Criminal Code of the Russian Federation) and violent acts of a sexual nature (article 132 of the Criminal Code of the Russian Federation) should be recognized as committed with the use of the helpless state of the victim in cases where it, due to its physical or mental state (dementia or other mental disorder, physical shortcomings, other painful or unconscious state, young or old age, etc.) could not understand the nature and meaning of the actions performed with him or resist the guilty person. At the same time, a person committing rape or violent acts of a sexual nature must be aware that the victim is in a helpless state.
When deciding whether the state of the victim is helpless, the courts should proceed from the available evidence in the case, including the appropriate expert opinion, when a forensic examination is necessary to establish the mental or physical condition of the victim.
When assessing the circumstances of the rape, as well as the commission of violent acts of a sexual nature against the victim who was intoxicated, the courts should proceed from the fact that only such a degree of intoxication caused by the use of alcohol, drugs or other intoxicating substances, which deprived this person, for example, the injured woman, of the opportunity to resist the rapist.
For the recognition of rape, as well as sodomy, lesbianism and other violent acts of a sexual nature committed using the helpless state of the victim, it does not matter whether it was brought into such a state by the perpetrator himself (for example, he made him drunk, gave drugs, sleeping pills, etc.) .p.) or was in a helpless state, regardless of the actions of the person who committed the specified crime.
4. When limiting the corpus delicti, provided for in Articles 131 or 132 of the Criminal Code of the Russian Federation, from the corpus delicti provided for in Article 134 of the Criminal Code of the Russian Federation, it should be borne in mind that criminal liability for sexual intercourse and other actions of a sexual nature with a person under the age of sixteen comes in cases where sexual intercourse and other acts of a sexual nature were committed without the use of violence or the threat of its use, and the victim understood the nature and significance of the actions being taken.
5. Rape and violent acts of a sexual nature should be considered completed, respectively, from the moment of the beginning of sexual intercourse, an act of sodomy, lesbianism and other acts of a sexual nature provided for by the objective side of these offenses, regardless of their completion and the resulting consequences.
When deciding whether a person's actions contain the completed corpus delicti of these crimes or only signs of an attempt to commit such criminal acts, the courts should find out whether the person acted with the aim of committing rape or violent acts of a sexual nature, and also whether the violence used was a means to achievement of the specified goal, which was not achieved for reasons beyond his control. At the same time, it is necessary to distinguish attempted rape from violent acts of a sexual nature, as well as attempted crimes under Articles 131 and 132 of the Criminal Code of the Russian Federation, from completed crimes falling under other articles of the Criminal Code of the Russian Federation, which provide for liability for crimes against health, honor and dignity of the individual.
6. Attempted rape or the commission of violent acts of a sexual nature should be delimited from voluntary refusal to commit these actions, excluding the criminal liability of the person (Article 31 of the Criminal Code of the Russian Federation). In this case, if a person realized the possibility of bringing criminal actions to an end, but voluntarily and finally refused to commit rape or violent acts of a sexual nature (but not due to reasons that arose against his will), what he did, regardless of the reasons for refusal, is qualified according to the actually committed actions provided that they contain corpus delicti.
7. Other persons specified in Articles 131 and 132 of the Criminal Code of the Russian Federation should be understood as the relatives of the injured person, as well as persons to whom the guilty person, in order to overcome the resistance of the victim (victim), uses violence or expresses a threat of its use.
8. In cases where several sexual acts or violent acts of a sexual nature were not interrupted or were interrupted for a short time and the circumstances of the commission of rape or violent acts of a sexual nature testified to the common intent of the perpetrator to commit these identical acts, the deed should be considered as a single continued crime subject to qualification under the relevant parts of Article 131 or Article 132 of the Criminal Code of the Russian Federation.
9. If the intention of a person covers his committing (in any sequence) rape and violent acts of a sexual nature in relation to the same victim, the deed should be assessed as a combination of crimes provided for in Articles 131 and 132 of the Criminal Code of the Russian Federation. At the same time, for the qualification of the offense, it does not matter whether there was a gap in time in the course of the commission in relation to the victim of rape and violent acts of a sexual nature.
In cases where the actions of a person contain signs of rape or violent acts of a sexual nature under aggravating circumstances against the victim, the deed should be qualified in accordance with the relevant parts of Articles 131 and 132 of the Criminal Code of the Russian Federation.
10. Bearing in mind that the commission of a crime by a group of persons, by a group of persons by prior conspiracy, by an organized group entails a more severe punishment, when qualifying the actions of persons under paragraph "b" of Part 2 of Article 131 or paragraph "b" of Part 2 of Article 132 of the Criminal Code RF, it is necessary to take into account the provisions of parts 1, 2 and 3 of Article 35 of the Criminal Code of the RF.
Rape and violent acts of a sexual nature should be recognized as committed by a group of persons (a group of persons in a preliminary conspiracy, an organized group), not only in cases when one or more victims are sexually abused by several persons, but also when the perpetrators, acting in concert and using violence or the threat of its use against several persons, then commit forced sexual intercourse or violent acts of a sexual nature with each or at least one of them.
Gang rape or violent acts of a sexual nature should be recognized not only the actions of persons who directly committed violent sexual intercourse or violent acts of a sexual nature, but also the actions of persons who assisted them by using physical or mental violence against the victim. In this case, the actions of persons who have not personally committed violent sexual intercourse or violent acts of a sexual nature, but through the use of violence assisted others in the commission of a crime, should be qualified as co-execution in group rape or the commission of violent acts of a sexual nature (Part 2 of Article 33 of the Criminal Code of the Russian Federation).
The actions of a person who did not directly engage in sexual intercourse or did not commit acts of a sexual nature with the victim and did not use physical or mental violence against him when performing these actions, but only facilitated the commission of a crime with advice, instructions, providing information to the guilty person or removing obstacles, etc. .p., must be qualified under part 5 of Article 33 of the Criminal Code of the Russian Federation and, in the absence of qualifying signs, under Part 1 of Article 131 of the Criminal Code of the Russian Federation or, respectively, under Part 1 of Article 132 of the Criminal Code of the Russian Federation.
11. Under the threat of murder or grievous bodily harm (paragraph "in" part 2 of Article 131 and paragraph "in" part 2 of Article 132 of the Criminal Code of the Russian Federation) should be understood not only direct statements in which the intention to immediately use physical violence against the victim or to other persons, but also such threatening actions of the perpetrator, such as, for example, the demonstration of weapons or objects that can be used as weapons (knife, razor, ax, etc.).
Responsibility for rape or the commission of violent acts of a sexual nature with the use of a threat of murder or infliction of grievous bodily harm occurs only in cases where such a threat was a means of overcoming the resistance of the victim and there were reasons to fear the implementation of this threat. At the same time, these actions are covered by the disposition of paragraph "in" part 2 of Article 131 and paragraph "in" part 2 of Article 132 of the Criminal Code of the Russian Federation and do not require additional qualifications under Article 119 of the Criminal Code of the Russian Federation.
If the threat of murder or infliction of grievous bodily harm was expressed after rape or the commission of violent acts of a sexual nature for the purpose, for example, so that the victim does not inform anyone about the incident, the actions of the perpetrator in the absence of qualifying circumstances are subject to qualification under Article 119 of the Criminal Code of the Russian Federation and in aggregate with part 1 of Article 131 of the Criminal Code of the Russian Federation or, respectively, with part 1 of Article 132 of the Criminal Code of the Russian Federation.
12. Rape or violent acts of a sexual nature should be recognized as committed with particular cruelty if, in the process of these actions, the victim or other persons are deliberately inflicted physical or mental suffering and suffering. Particular cruelty can be expressed in mockery and mockery of the victim, torture in the process of rape, in causing bodily harm, in the commission of rape or violent acts of a sexual nature in the presence of relatives or friends of the victim, as well as in a method of suppressing resistance, causing severe physical or moral torment and suffering of the victim himself or others. In this case, the court should bear in mind that when qualifying such actions on the basis of special cruelty, it is necessary to establish the intention of the guilty person to inflict special torment and suffering on the victims.
13. Liability under clause "d" of part 2 of article 131 of the Criminal Code of the Russian Federation and under clause "d" of part 2 of article 132 of the Criminal Code of the Russian Federation occurs in cases when the person who infected the victim with a venereal disease knew that he had this disease, foresaw the possibility or the inevitability of the victim's infection and willing or admitted such infection. At the same time, additional qualifications under Article 121 of the Criminal Code of the Russian Federation are not required.
The actions of the culprit are subject to qualification under clause "b" of part 3 of article 131 and clause "b" of part 3 of article 132 of the Criminal Code of the Russian Federation, both in case of careless and deliberate infection of the victim with HIV.
14. The courts should proceed from the fact that responsibility for the commission of rape or violent acts of a sexual nature against a knowingly minor or under the age of fourteen occurs only in cases where the perpetrator reliably knew about the age of the victim (was a relative, acquaintance, neighbor) or when the appearance of the victim was clearly indicative of, for example, his age.
A good faith delusion arising on the basis that the age of the injured person is approaching the age of 18 or, due to acceleration, it looks older than his age, excludes the imputation of this qualifying feature to the guilty person.
15. The use of violence during rape and the commission of violent acts of a sexual nature, as a result of which such acts inflict mild or moderate harm to the victim's health, is covered by the provisions of Articles 131 and 132 of the Criminal Code of the Russian Federation.
If, during rape or violent acts of a sexual nature or an attempt on them, the victim is deliberately inflicted with serious harm to health, the actions of the perpetrator are qualified in accordance with the relevant part of Article 131 or Article 132 of the Criminal Code of the Russian Federation and in conjunction with the crime provided for in Article 111 of the Criminal Code of the Russian Federation.
Reckless infliction of grievous harm to the health of an injured person during rape or violent acts of a sexual nature is covered, respectively, by paragraph "b" of Part 3 of Article 131 or paragraph "b" of Part 3 of Article 132 of the Criminal Code of the Russian Federation and does not require additional qualifications under other articles of the Criminal Code of the Russian Federation.
16. When a murder is committed in the process of rape or violent acts of a sexual nature, the offense committed by the guilty person is subject to qualification according to the aggregate of crimes provided for by paragraph "k" of part 2 of Article 105 of the Criminal Code of the Russian Federation and part 1 of Article 131 or part 1 of Article 132 of the Criminal Code of the Russian Federation, or according to the relevant parts of these articles, if rape or violent acts of a sexual nature are committed, for example, against a minor or under the age of fourteen, or by a group of persons, a group of persons in a preliminary conspiracy, or an organized group.
If the murder was committed after the end of rape or violent acts of a sexual nature or attempts on them in order to conceal the committed crime, or for revenge for the resistance, committed by the guilty person should be classified according to the totality of crimes provided for by paragraph "k" of part 2 of Article 105 of the Criminal Code of the Russian Federation and the corresponding parts of Article 131 or Article 132 of the Criminal Code of the Russian Federation or part 3 of Article 30 of the Criminal Code of the Russian Federation and the corresponding parts of Articles 131 and 132 of the Criminal Code of the Russian Federation.
17. The "other grave consequences" of rape or violent acts of a sexual nature, provided for in paragraph "b" of Part 3 of Article 131 and paragraph "b" of Part 3 of Article 132 of the Criminal Code of the Russian Federation, should include consequences that are not related to the infliction of serious harm to health by negligence. the victim or his HIV infection. Such can be recognized, for example, the suicide of the victim.
18. When considering cases on charges against persons under the age of majority in crimes against sexual inviolability and sexual freedom of the individual, the courts should take into account that, in accordance with Article 20 of the Criminal Code of the Russian Federation, persons aged 14 to 16 years are subject to responsibility only for rape and the commission of violent actions of a sexual nature.
When deciding on the criminal liability of persons who have reached the age of sixteen, for compulsion to acts of a sexual nature (Article 133 of the Criminal Code of the Russian Federation), as well as for lecherous actions against a person who has obviously not reached the age of sixteen (Article 135 of the Criminal Code of the Russian Federation), it must be borne in mind that the law in these cases is aimed at protecting the normal development of both minors. Based on this, the court must take into account the age of both minors, the data characterizing their personality, the severity of the consequences that have occurred and other circumstances of the case.
19. The courts must comply with the requirements of the law (Article 60 of the Criminal Code of the Russian Federation) on the imposition of fair punishment by the guilty within the limits stipulated by the sanctions of the relevant articles of the Criminal Code of the Russian Federation, taking into account the nature and degree of public danger of the crime committed, their personality, circumstances of the case, mitigating and aggravating punishment , the relationship of the victim with the guilty person that preceded the crime, as well as the influence of the imposed punishment on the correction of the convicted person and on the living conditions of his family.
20. To recommend to the courts, taking into account the specifics of cases of crimes provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation, to eliminate all issues that are not related to the case and humiliate the honor and dignity of the victim, to promptly suppress the tactless behavior of individual participants in the trial.
Resolution
Plenum of the Supreme Court of the Russian Federation
On judicial practice in cases of crimes against sexual inviolability and sexual freedom of the individual
December 4, 2014 No. 16
Chief Justice of the Supreme Court
Of the Russian Federation V.M. Lebedev
Secretary of the Plenum, judge
The Supreme Court
Of the Russian Federation V.V. Momotov
Rape
Commentary on Article 131 of the Criminal Code of the Russian Federation:
1. The object of rape is social relations that ensure the sexual freedom of a woman, and if the victim has not reached the age of sixteen, then the object is a relationship that ensures sexual inviolability. Only a woman can be a victim of rape.
2. Over the years, judicial practice has broadly interpreted the concept of forced sexual intercourse, including the satisfaction of sexual desire not only in a natural, but also in a perverted form (see: BVS RSFSR. 1988. N 10. S. 14; 1991. N
2.P. 6). Currently, this understanding of rape is not in accordance with the law. In Art. 131 of the Criminal Code of the Russian Federation enshrines the provision according to which rape should be understood only as sexual intercourse between a man and a woman, which is carried out against her will and consent, through the use of violence or with the threat of its use against the victim or other persons, or with the use of the victim's helpless state. Sexual intercourse (intercourse, copulation) involves the introduction of the male penis on the eve of or directly into the woman's vagina. If during the commission of rape, in addition to sexual intercourse, the perpetrator committed other violent acts of a sexual nature (for example, introduced the penis into the anus of the victim), then qualification should be carried out on the basis of the totality of crimes provided for in Art. 131 of the Criminal Code of the Russian Federation and Art. 132 of the Criminal Code of the Russian Federation.
3. The objective side of rape is characterized by the following methods of action that the perpetrator uses to achieve the goal:
a) physical violence against the victim or other persons, aimed at suppressing the resistance of the victim. Physical violence referred to in Part 1 of Art. 131 of the Criminal Code of the Russian Federation, can be expressed in beating, causing slight or moderate harm to the health of the victim or other persons, in restraint of freedom, tying, gagging, etc.;
b) mental violence, expressed in a threat as a means of suppressing the will of the victim, which should be understood as intimidation of the victim with such actions or statements that express the intention to immediately use violence against the victim herself or other persons. The threat can be verbal, symbolic, or based on the context of the crime. The threat must be real and testify to its immediate embodiment in reality if the victim does not commit sexual intercourse with the rapist. The addressee of the threat can be in accordance with Part 1 of Art. 131 of the Criminal Code of the Russian Federation, in addition to the victim, there are also other persons. As a rule, these are the children of the victim and other close relatives, as well as friends, colleagues, etc. In other words, this refers to persons, the use of violence against whom will cause suffering for the victim. At the same time, it should be borne in mind that speaking about other persons, the law does not limit their circle of relatives of the victim.
It cannot be considered as a threat as a sign of Art. 131 of the Criminal Code of the Russian Federation, blackmail, threat of destruction, damage or seizure of the victim's property. Such actions may fall under the signs of a crime under Art. 133 of the Criminal Code of the Russian Federation.
4. Rape is recognized as committed using the helpless state of the victim in those cases when she, due to her physical or mental state (young age, physical disabilities, dementia, mental disorder, other painful or unconscious state, etc.) could not understand the nature and significance of the actions performed with her, or could not resist the guilty one. At the same time, entering into sexual intercourse, the guilty person was aware that the victim was in such a helpless state.
The Plenum of the Supreme Court of the Russian Federation in the Resolution of June 15, 2004 "On judicial practice in cases of crimes provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation" explained that when assessing the circumstances of the rape of a victim who was intoxicated, one should proceed from the fact that a helpless state in these cases can be recognized only to such a degree of intoxication, which actually deprived the victim of the opportunity to realize the nature of the actions committed against her or to resist the culprit. At the same time, for the recognition of the rape as committed using the helpless state of the victim, it does not matter whether the perpetrator himself brought the woman into such a state (made him drunk, gave drugs, sleeping pills, etc.) or took advantage of a similar state that arose for other reasons.
5. Engaging in sexual intercourse with a woman by deceit, false promises to marry, provide any services or provide any benefits ("sexual fraud") does not constitute rape. However, criminal liability for the rape of a man who is in a marital and family relationship with the victim is not excluded. Thus, for example, N. was in a marital relationship with L., but the marriage actually broke up on the initiative of L., who told N. that she had decided to end all intimate relations with him. Neighbors, relatives and friends knew about the termination of intimate relations between N. and L. The marriage was not legally terminated. One evening N., demanding the resumption of the actual marriage relationship, and, despite L.'s resistance, raped
the last one. N. was convicted of rape.
6. The composition of rape is formal, it is considered a completed crime at the time of the onset of sexual intercourse.
7. Preparation for rape can be expressed in the creation of conditions for the commission of this crime and the use of a favorable environment. So, T., having heard that some guys "have a relationship with some woman" near the railway line, went there with the goal of taking part in the rape. When he approached the scene of the crime, he was detained by police officers. The Supreme Court of the USSR, considering this case, indicated that coming to the scene for the purpose of having sexual intercourse with the victim without actions directly aimed at implementing this intention cannot be regarded as a completed crime or an attempt on it. These actions were aimed at ensuring the possibility of committing rape, therefore they should be considered preparation for a crime (BVS USSR. 1972. N 3. S. 21). Preparation for rape must be qualified under Part 1 of Art. 30 and h. 1 of Art. 131 of the Criminal Code of the Russian Federation.
8. Attempted rape, in contrast to preparation, consists in actions directly aimed at committing rape, if at the same time it was not brought to an end due to circumstances beyond the control of the perpetrator.
The Plenum of the Supreme Court of the Russian Federation of June 15, 2004 in this part indicated that when resolving cases of attempted rape with the use of physical or mental violence, it should be established whether the perpetrator acted with the aim of committing sexual intercourse and whether his use of violence was a means to achieve this a goal that was not achieved for reasons beyond his control. Only in the presence of these circumstances, the actions of the perpetrator can be considered as attempted rape. In this regard, it is necessary to distinguish attempted rape from other criminal offenses affecting the honor, dignity and integrity of women (lecherous acts, insult, harm to health, etc.).
An attempted rape should be qualified under Part 3 of Art. 30 and h. 1 of Art. 131 of the Criminal Code of the Russian Federation.
9. In case of voluntary refusal to rape, a person is not subject to criminal liability if he realized the possibility of bringing this crime to an end, but of his own free will finally terminated the started crime.
A person in such situations can only be criminally liable for acts actually committed by him, which contain elements of another crime. For example, beatings (Art. 116 of the Criminal Code), etc. Refusal to commit rape cannot be recognized as voluntary and eliminating criminal liability for this crime if it was caused by the impossibility of further continuing the criminal actions due to reasons that arose against the will of the perpetrator.
10. The subject of rape can only be a male person who has reached the age of 14. Women can also be complicit in this crime, including co-perpetrators.
11. The subjective side of rape is characterized only by direct intent. In this case, the intention of the perpetrator covers both the ultimate goal of the crime - sexual intercourse with a woman against her will and consent, and actions to achieve this goal with the use of physical violence, threats of its use against the victim or other persons, or using the helpless state of the victim.
12. In cases where several sexual acts were not interrupted or were interrupted for a short time and the circumstances of the rape were indicative of a single intent of the perpetrator to commit these identical actions, the deed should be considered as a single continued crime, subject to qualification under the relevant parts of Art. 131 of the Criminal Code of the Russian Federation.
13. A qualified type of rape is its commission by a group of persons, by a group of persons by prior conspiracy, or by an organized group (clause "a", part 2 of Art. 131 of the Criminal Code of the Russian Federation).
This paragraph covers three forms of complicity provided for in Art. 35 of the Criminal Code of the Russian Federation. For qualification under clause "a" part 2 of Art. 131 of the Criminal Code of the Russian Federation, it practically does not matter in which of these three forms of complicity the rape was committed. It is important to note that a rape is considered to be committed by a group of persons or by a group of persons in a preliminary conspiracy if two or more perpetrators were jointly involved in the rape. Here, all the participants in the gang rape act as co-perpetrators. Co-perpetrators are also those participants in the rape who, although they did not directly take part in the violent intercourse, used physical or mental violence against the victim or other persons, and also expressed a threat of its use, assisting those who committed the violent intercourse. This is explained by the fact that the objective side of rape includes physical or mental violence against the victim or other persons, as well as the threat of its use in order to overcome the resistance of the victim and paralyze her will.
With co-execution, the objective side of the crime can be carried out both simultaneously and in parts. Some may commit violent intercourse, while others, at this time, through physical or mental violence, overcome the resistance of the victim.
The issue is resolved differently when rape is committed by an organized group. The organizer and all members of the organized group, regardless of their role, are also charged with clause "a", part 2 of Art. 131 of the Criminal Code of the Russian Federation. Mandatory for the qualification of the offense under this item is the commission of forced sexual intercourse with the victim at least one of the group members.
Unlike a group of persons who have agreed in advance on the joint commission of a crime, an organized group is characterized, in particular, by stability, by the presence of an organizer (leader) and a pre-developed plan of joint criminal activity in its composition, by the distribution of functions among the members of the group in preparation for the commission of a crime and the implementation of criminal intent.
Rape should be recognized as committed by a group of persons, not only in cases where one or more victims are raped by several persons, but when the perpetrators, acting in concert and using physical violence or threat against several women, then each have sexual intercourse with one of them. ...
The actions of a person who did not directly engage in sexual intercourse and did not apply physical or mental violence to the victim when committing these actions, but only contributed to the commission of a crime with advice, instructions, providing information to the guilty person or removing obstacles, etc., should be qualified under Part. 5 tbsp. 33 of the Criminal Code of the Russian Federation and in the absence of qualifying signs under Part 1 of Art. 131 of the Criminal Code of the Russian Federation.
The actions of a member of a gang rape should be qualified under Part 1 of Art. 131 of the Criminal Code of the Russian Federation, if only he alone is brought to criminal responsibility, and the rest of the participants in the rape have not reached the age of fourteen or have been declared insane. This qualification of the offense is justified by the fact that in this case there are no signs of complicity.
14. Among the qualifying circumstances of the rape, provided for in paragraph "b" of Part 2 of Art. 131 of the Criminal Code of the Russian Federation, refers to the conjugation of rape with the threat of murder or causing grievous harm to the health of the victim or other persons. The threat of murder or infliction of grievous harm to the health of the victim or other persons should be understood not only as direct statements that expressed the intention to immediately use physical violence against the victim herself, her children, close relatives or other persons, but also, taking into account the circumstances of the case, such threatening actions of the perpetrator, as, for example, a demonstration of weapons (pistol, knife, ax, razor, etc.). The threat should be used as a means of overcoming or preventing the victim's resistance, in these cases it is covered by paragraph "b" of Part 2 of Art. 131 of the Criminal Code of the Russian Federation. If the threat took place after the rape was committed, for example, expressed in order to force the victim not to tell anyone about the incident, the actions of the perpetrator must be qualified under Part 1 of Art. 131 of the Criminal Code of the Russian Federation and additionally on, if there were grounds to fear the implementation of this threat.
15. Rape, committed with extreme cruelty, also refers to the qualifying criteria provided for by paragraph "b" of Part 2 of Art. 131 of the Criminal Code of the Russian Federation.
Special cruelty towards the victim or other persons during the commission of rape can be expressed in the use of torture, torture, mockery of the victim or other persons, causing them special physical or mental torment and suffering. Particular cruelty will also take place when the rape of the victim is committed in front of relatives or friends and causes the latter special suffering, which is what the guilty seeks to accomplish. Particular cruelty can be expressed in a way of suppressing resistance, causing severe physical or mental suffering and suffering for the victim herself or other persons. It should be borne in mind that when qualifying such actions on the basis of special cruelty, it is necessary to establish the intention of the guilty person to inflict special torment and suffering on the victim or other persons.
16. The infection of the victim with a venereal disease also belongs to the qualified types of rape (clause "b", part 2 of article 131 of the Criminal Code of the Russian Federation). This aggravating rape circumstance will take place when the perpetrator knew about the presence of a venereal disease (syphilis, gonorrhea, soft chancre, etc.), foresaw the possibility or inevitability of infection of the victim and wished or allowed such infection. In such situations, additional qualifications under Art. 121 of the Criminal Code of the Russian Federation is not required.
17. Particularly aggravating signs of rape, provided for in Part 3 of Art. 131 of the Criminal Code of the Russian Federation are: a) rape of a minor; b) rape, which, by negligence, entailed the infliction of grievous harm to the victim's health, her infection with HIV or other grave consequences.
18. Rape of a minor takes place in cases when the victim has reached the age of 14, but has not reached the age of 18. Since at present the legislator has excluded the sign of knowingness from this qualifying circumstance, it can be applied if the person knew or admitted that he was committing the rape of a minor, or could and should have foreseen this.
The imputation of this feature to the guilty of rape, who was in good faith mistaken about the actual age of the victim, that is, when, according to all the circumstances of the case, he believed that she had reached the age of majority, would be an objective imputation, and, accordingly, contradict Art. 5 of the Criminal Code of the Russian Federation. In this case, it is necessary to take into account not only the testimony of the victim herself, but also carefully check their compliance with other circumstances of the case.
19. In cases of causing, by negligence, serious harm to the victim's health, liability arises only under paragraph "b" of Part 3 of Art. 131 of the Criminal Code of the Russian Federation. Additional qualifications under Art. 118 of the Criminal Code of the Russian Federation is not required. In the same cases when the rape is associated with the deliberate infliction of grievous harm to the victim's health, the deed should be classified in aggregate: Part 1 of Art. 131 of the Criminal Code of the Russian Federation and Art. 111 of the Criminal Code of the Russian Federation.
In cases of infection of the victim with HIV infection, the actions of a person who knew about the presence of this disease and infected the victim with the disease should be qualified under clause "b" of Part 3 of Art. 131 of the Criminal Code of the Russian Federation both in case of careless and intentional infection of the victim.
Under the "other grave consequences" referred to in paragraph "b" of Part 3 of Art. 131 of the Criminal Code of the Russian Federation, one should understand the consequences that are not related to the infliction of serious harm to the health of the victim by negligence or her infection with HIV, in particular, we can talk about the suicide of the victim.
20. Part 4 of Art. 131 of the Criminal Code of the Russian Federation provides for liability for the commission of rape under the following particularly aggravating circumstances: in case of rape, which inadvertently entailed the death of the victim; rape of a victim under the age of fourteen.
21. If, as a result of rape, the death of the victim followed, then the mental attitude of the perpetrator to this ensuing consequence should be expressed in the form of careless guilt. The deed in these cases is fully covered by Part 3 of Art. 131 of the Criminal Code of the Russian Federation and does not require additional qualifications.
In the same cases where the rape is associated with the willful murder of the victim, the qualifications should be carried out in the aggregate: Part 1 of Art. 131 of the Criminal Code of the Russian Federation and clause "k" part 2 of Art. 105 of the Criminal Code of the Russian Federation.
22. The rape of a victim who has not reached the age of fourteen occurs when the perpetrator knew or admitted that he was committing the rape of a minor, or could and should have foreseen it. Not discerning the existence of such conditions in a specific case, the Supreme Court of the Russian Federation noted the following. The court's conclusion that the perpetrators admitted that the victim was under 14 years old, since in her physical data and appearance she did not look older than her age and did not outrun her peers in development, was made only on the personal perception of the judges in the absence of sufficient evidence that would indicate that adolescents are aware of the victim's age. At the time of the commission of the crime, the actual victim was 13 years old, 3 months and 10 days old. Previously, she did not know the criminals. When meeting them, she did not give an answer to the question about her age.
The age of the perpetrators on this day ranged from 15 to 16 years. As can be seen from their testimony, they all believed that the victim was 15-16 years old, since she was the same height as them, applied cosmetics, her behavior and conversation did not indicate her minor age. The actions of the convicts were re-qualified from part 4 to part 3 of Art. 117 of the Criminal Code of the RSFSR (see: Resolution N 288p96 in the case of Filiptsevich, Cheban and others. Review of judicial practice of the Supreme Court of the Russian Federation for the II quarter of 1996 in criminal cases // BVS RF. 1997. N 3. S. 8).
In the footnote to Art. 131 of the Criminal Code of the Russian Federation enshrines the provision, according to which, according to clause "b", part 4 of Art. 131 of the Criminal Code of the Russian Federation should qualify sexual intercourse with a person under the age of twelve, since such a person, due to his age, is in a helpless state, that is, he cannot understand the nature and meaning of the actions performed with him.
23. Part 5 of Art. 131 of the Criminal Code of the Russian Federation established increased responsibility for the act provided for by paragraph "b" of Part 4 of Art. 131 of the Criminal Code of the Russian Federation (rape of a victim under the age of fourteen), committed by a person who has a previous conviction for a crime against the sexual inviolability of minors. Since there is no norm in the criminal law fixing the list of crimes of this category, it is possible to single them out only on the basis of an analysis of sexual inviolability, which implies a ban on the commission of any sexual acts with persons under the age of sixteen. This circumstance allows us to conclude that rape, violent acts of a sexual nature (article 132 of the Criminal Code), sexual intercourse and other acts of a sexual nature (article 134 of the Criminal Code), debauchery committed against this category of persons (Article 135 of the Criminal Code).
A person from whom it has not been removed and canceled in accordance with the procedure established by law is recognized as having a criminal record. It does not matter whether the person has been convicted of preparing or attempting to commit these crimes, whether he was the perpetrator, instigator, accomplice or organizer of these crimes. In this case, the legislator again returns to the concept of a special relapse.
1. A victim in the commission of a crime can only be a female person, regardless of her relationship with the perpetrator (husband, roommate, etc.).
2. The criminal law establishes three forms of rape: 1) sexual intercourse with the use of violence; 2) sexual intercourse with the threat of violence; 3) sexual intercourse using the helpless state of the victim.
3. Under the rape should be understood only natural sexual intercourse, when the culprit is a man, and the victim is a woman. All other violent acts of a sexual nature, including natural sexual intercourse, when the culprit is a woman, and the victim is a man, are qualified under Art. 132 of the Criminal Code.
4. The first and second forms of the act involve sexual intercourse with a woman against her will and consent. The deed has a complex structure, consists of two mandatory actions: physical or mental impact and sexual intercourse.
The actions of a person who persuaded a woman to commit sexual intercourse by deceit or abuse of trust, for example, knowingly making a false promise to marry her, cannot be considered as rape.
Violence should be understood as physical coercion used as a means of suppressing the resistance of the victim. It can consist in holding, binding; inflicting beatings, slight or moderate harm to health. If during the rape grievous bodily harm is deliberately caused, the actions of the perpetrator are qualified in accordance with the relevant part of Art. 131 and in conjunction with a crime under Art. 111 of the Criminal Code. The actions of a person who intentionally inflicted serious harm to the victim's health in the process of rape, which inadvertently entailed her death, in the absence of other aggravating circumstances, should be qualified according to the totality of crimes provided for in Part 1 of Art. 131 and part 4 of Art. 111 of the Criminal Code.
The threat to use violence is understood as intimidation of the victim, the commission of such actions that indicate the intention to immediately use physical violence, up to causing harm to health of moderate severity. Thus, in Part 1 of Art. 131 we are talking about the threat of beatings, minor and moderate harm to health; the threat of murder and infliction of grievous bodily harm is covered by paragraph "b" of Part 2 of Art. 131.
Violence and the threat of its use can be applied both to the victim and to other persons in whose fate the victim is interested, for example, her pupils, students.
5. The third form of rape involves finding the victim in a helpless state, ie. in which she: a) due to her physical or mental state (young age, physical disabilities, mental disorder or other painful or unconscious state) could not understand the nature and meaning of the actions performed with her; b) understood the nature and meaning of the actions performed with her, but could not resist the guilty one.
In both cases, the perpetrator must be aware that the victim is in such a state.
The rape of a victim in a state of alcoholic intoxication can be recognized as committed with the use of a helpless state only if there is such a degree that deprived the victim of the opportunity to resist the culprit. It does not matter whether the perpetrator himself brought the victim into such a state (for example, he made the victim drunk, offered drugs) or took advantage of the fact that she was in such a state, regardless of his actions.
6. The crime is recognized as completed from the moment of the beginning of the sexual intercourse. If violence was used, and the sexual intercourse itself was not started for reasons beyond the control of the culprit, then the act should be considered as attempted rape.
7. The subjective side is characterized by direct intent. The motives of the crime can be different: satisfaction of sexual desire, revenge, the desire to force the victim to marry, etc.
8. The subject of the crime is special - a male person who has reached the age of 14 years. The co-perpetrator of the crime may be a woman.
9. Under the rape committed by a group of persons (paragraph "a" part 2), one should understand the cases when the perpetrators who took part in the rape acted in concert with respect to the victim. The actions of not only persons who have committed violent sexual intercourse, but who contributed to this by using violence against the victim, should be classified as group rape.
Persons who assisted the perpetrator in other ways, for example by providing premises or weapons for intimidation, are prosecuted for complicity in the commission of rape.
10. Rape should be recognized as committed with particular cruelty if, in the process of committing it, the victim or other persons intentionally inflicted physical or mental suffering and suffering. Particular cruelty can be expressed in mockery and mockery of the victim, torture in the process of rape, causing bodily harm, committing a crime in the presence of her family or friends, as well as a method of suppressing resistance, causing severe physical or moral torment and suffering of the victim herself or other persons.
11. The particular cruelty shown after the rape requires independent qualification as an encroachment on life or health.
12. Rape, which entailed the infection of the victim with a venereal disease (paragraph "in" part 2), is sexual intercourse, as a result of which a woman is infected with a sexually transmitted infection: syphilis, gonorrhea, etc. Responsibility for the type of rape in question may occur then, when the culprit knew about the presence of such a disease.
13. A minor (clause "a", part 3) means a victim who has reached the age of 14, but has not reached the age of majority. The sexual maturity of the victim of violence does not matter for the legal assessment of the act.
14. Other grave consequences (clause "b", part 3) are any other such kind of consequences that are not attributable to serious harm to health and HIV infection. This concept is evaluative. However, it must be borne in mind that the specified harm must come directly from rape or attempted rape.
15. Rape, which inadvertently entailed the death of the victim, is covered by paragraph "a" of Part 4 of Art. 131. Death can be both a consequence of the actions of the perpetrator, and the victim herself, who, due to the circumstances, trying to avoid rape, commits actions that entail the specified consequences, or, being in a state of stress, commits suicide. If the death of the victim did not occur as a result of rape, but as a result of leaving her in danger, the deed forms a set of crimes qualified under Part 1 of Art. 131 and art. 125 of the Criminal Code.
The subjective side of this crime is characterized by imprudence.
16. In clause "b" part 4 of Art. 131, a qualifying feature related to the age of the victim is highlighted: the rape of a victim who has not reached the age of 14. In cases where there was first the rape of a minor, and then having sexual intercourse with her without violence, the actions of the perpetrator are subject to qualification according to the aggregate of crimes (Articles 131 and 134 of the Criminal Code). Nonviolent sexual intercourse with a person who has reached the age of 16 does not constitute a crime.
17. Federal Law of February 29, 2012 N 14-FZ Art. 131 was supplemented with part 5, which provides for increased criminal liability for the commission of the act specified in paragraph "b" of part 4 by a person who has a previous conviction for a crime against the sexual inviolability of a minor (Articles 131 - 135, 240 - 242.2 of the Criminal Code).
Criminal Code, N 63-FZ | Art. 131 of the Criminal Code of the Russian Federation
1. Rape, that is, sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or with the use of the helpless state of the victim, -
is punished with imprisonment for a term of three to six years.
2. Rape:
a) committed by a group of persons, by a group of persons in a preliminary conspiracy, or by an organized group;
b) combined with a threat of murder or infliction of grievous bodily harm, as well as committed with particular cruelty towards the victim or other persons;
c) entailing infection of the victim with a venereal disease, -
shall be punishable by deprivation of liberty for a term of four to ten years, with or without restraint of liberty for a term of up to two years.
3. Rape:
a) a minor;
b) entailing by negligence the infliction of grievous harm to the health of the victim, her infection with HIV or other grave consequences, -
shall be punishable by deprivation of liberty for a term of eight to fifteen 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 restraint of liberty for a term of up to two years.
4. Rape:
a) entailed by negligence the death of the victim;
b) a victim who has not reached the age of fourteen -
shall be 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 restraint of liberty for a term of up to two years.
5. The act provided for by paragraph "b" of part four of this article, committed by a person who has a previous conviction for a crime against the sexual inviolability of a minor, -
shall be punishable 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 of up to twenty years, or life imprisonment.
Note. The crimes provided for by paragraph "b" of part four of this article, as well as paragraph "b" of part four of Article 132 of this Code, also include acts falling under the signs of crimes provided for by parts three to five of Article 134 and parts two to four of Article 135 of this Code. Of the Code, committed against a person under the age of twelve, since such a person, due to his age, is in a helpless state, that is, he cannot understand the nature and meaning of the actions performed with him.
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1. Under rape should be understood the commission of natural sexual intercourse (copulation), characterized by the presence of the possibility of conception (pregnancy) as part of the reproductive function. Satisfaction of sexual desire in other forms of sexual intercourse is not recognized, if there are necessary grounds, they must be qualified under Art. 132 of the Criminal Code.
2. Violence is aimed at overcoming the offered or expected resistance and is realized in beatings, tying, forcible restraint. Causing the victim of mild or moderate harm to health is covered by the norms of Part 1 of Art. 131 of the Criminal Code and additional qualifications under articles on crimes against the person are not required (clause 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 15, 2004 N 11 "On judicial practice in cases of crimes provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation") ...
If, in the course of rape or attempted murder, grievous bodily harm is deliberately inflicted, the actions of the perpetrator should be qualified in accordance with the relevant part of Art. 131 of the Criminal Code and in conjunction with the crime under Art. 111 of the Criminal Code. Reckless infliction of such harm to health excludes the specified aggregate.
The actions of a person who intentionally caused serious harm to the victim's health in the process of rape, which inadvertently entailed her death, in the absence of other qualifying signs, fall under the signs of crimes under Part 1 of Art. 131 and part 4 of Art. 111 of the Criminal Code.
Causing harm to health after the commission of rape is qualified as a real aggregate of crimes under Art. 131 of the Criminal Code and the corresponding article on crimes against personal health.
3. The threat of using violence can be addressed not only to the woman herself, but also to her relatives and friends (for example, children), as well as to other persons in respect of whom the victim has certain obligations, due, for example, to the exercise of guardianship, performance of labor duties ( educator, teacher, etc.). However, in this case, it is necessary that the goal of the perpetrator should be aimed at overcoming the resistance of the victim and the desire thus to force her to have sexual intercourse. Violence or the threat of violence must precede sexual intercourse.
4. Rape should be recognized as committed with the use of the helpless state of the victim in cases where she, due to her physical or mental state (dementia or other mental disorder, physical disabilities, other painful or unconscious state, young or old age, etc.) she could not understand the nature and meaning of the actions performed with her or offer resistance to the culprit.
Such a degree of intoxication caused by the use of alcohol, drugs or other intoxicating substances, which made it impossible to resist the culprit, can also be regarded as a helpless state. For the recognition of the act as rape, it does not matter whether the rapist himself brought the woman into a helpless state (for example, he gave him alcohol, gave drugs, sleeping pills) or whether she was in this state regardless of his actions.
When using drugs, narcotic drugs, potent or poisonous substances in order to bring the victim into a helpless state, under certain circumstances, the culprit must be imputed both of the signs specified in Part 1 of Art. 131 of the Criminal Code: physical violence, since harm is caused to a woman's health, and the use of her helpless state.
6. An attempted rape is recognized as the actual commission of actions aimed at sexual intercourse with the victim against her will, if they were not brought to an end due to circumstances beyond the control of the perpetrator. When resolving cases of attempted rape with the use of physical or mental violence, it should be established whether the defendant acted with the aim of committing sexual intercourse and whether the violence used was a means of achieving this goal. Only in the presence of these circumstances, the actions of the perpetrator can be considered as attempted rape.
7. In the case of an attempted rape or complicity in this crime in one case, and in the other - a completed rape (the sequence does not matter), the actions for each of these episodes are qualified independently. It is also necessary to qualify those cases when two or more rapes fall under the signs of different parts of Art. 131 of the Criminal Code.
8. The subjective side of the crime is characterized by direct intent.
9. The subject of the crime is special - a male person who has reached the age of 14. A woman who has committed violence or has expressed threats to use violence against the victim or other persons, or who has brought her into unconsciousness in order to commit sexual intercourse by a man, can also act as a co-executor.
10. Part 2 of Art. 131 of the Criminal Code contains a number of qualifying features. Paragraph "a" of part 2 of the commented article covers rape committed:
1) by a group of persons;
2) by a group of persons by prior agreement;
The Presidium of the Supreme Court of the Russian Federation established: Maslyukov was detained on November 20, 2014 in accordance with Art. 91 and 92 of the Code of Criminal Procedure of the Russian Federation on suspicion of committing a crime under Part 3 of Art. 30, paragraph "a" of Part 3 of Art. 131 of the Criminal Code of the Russian Federation. On November 22, 2014, the judge of the Tyndinsky District Court of the Amur Region extended the term of Maslyukov's detention by 72 hours, that is, until 11:00 a.m. on November 23, 2014 ...
Grigorash SV was familiarized with the conclusions of the examinations. On October 22, 2012 S.K. Yanshaev was charged with committing crimes provided for by part 1 of Article 131, clause "k" of part 2 of Article 105 of the Criminal Code of the Russian Federation, he was interrogated as an accused; on October 22 and 24, 2012 S.K. Yanshaev. and his defense attorney are familiar with the conclusions of the expert examinations ...
By the ruling of the Court of the Khanty-Mansiysk Autonomous Okrug - Ugra dated May 28, 2012 for Tolkachev AS. recognized the right to rehabilitation in connection with the acquittal under paragraph "d" part 2 of Art. 131 of the Criminal Code of the Russian Federation. In the supervisory complaint convicted Tolkachev AS. asks for a review of judgments ...
1. Rape, that is, sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or with the use of the victim's helpless state, shall be punishable by imprisonment for a term of three to six years. 2. Rape: a) committed by a group of persons, by a group of persons in a preliminary conspiracy, or by an organized group; b) combined with a threat of murder or infliction of grievous bodily harm, as well as committed with particular cruelty towards the victim or other persons; c) entailing infection of the victim 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. 3. Rape: a) by a minor; b) entailing by negligence the infliction of grievous harm to the victim's health, her infection with HIV or other grave consequences, - shall be punishable by imprisonment for a term of eight to fifteen years with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without such and with restraint of liberty for up to two years. 4. Rape: a) entailed by negligence the death of the victim; b) a victim who has not reached the age of fourteen, - shall be punishable by imprisonment for a term of twelve to twenty years with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it, and with restriction of freedom for a term of up to two years. 5. The act provided for in paragraph "b" of part four of this article, committed by a person who has a previous criminal record against the sexual inviolability of a minor, is punishable by imprisonment for a term of fifteen to twenty years with the deprivation of the right to hold certain positions or engage in certain activities for up to twenty years or life imprisonment. Note. The crimes provided for by paragraph "b" of part four of this article, as well as paragraph "b" of part four of Article 132 of this Code, also include acts falling under the signs of crimes provided for by parts three to five of Article 134 and parts two to four of Article 135 of this Code. Of the Code, committed against a person under the age of twelve, since such a person, due to his age, is in a helpless state, that is, he cannot understand the nature and meaning of the actions performed with him.
Elizaveta Smirnova
Hello, I am accused of rape, what if I go to try on the parties, what will happen?
Alla Novikova
Hello, my nephew was involved in rape and there was another adult and young guy with him, they also beat a woman, what kind of article will this be ??? It turns out that the nephew is sitting in a pre-trial detention center, the other one who sits at home, and the youngster has rich relatives and he also seems to be in the pre-trial detention center, they took an examination, and it may be that this youngster will be smeared, and the nephew will be the only one to bear the punishment, but we have we, as relatives, have the right to ask the investigator or a lawyer how the case is going; he will see the documents from the examination, and in general the testimony of the nephew, it seems to us that they are hiding something; to be and what to do ??? He is in jail, they throw him around the rooms, beat him, they want to hang other people's affairs on him, help ..
The answer to the question was given by phone
Gennady Loginovskikh
Under Art 131ch2, the court hearing must be open or closed. The total was 4.5 years.
The answer to the question was given by phone
Arthur Pestrov
Hello! Article 135 .. Can I withdraw the application or be reconciled not to bring it to court?
The answer to the question was given by phone
Georgy Topolev
Article 131 of the Criminal Code. After 2 days, the preliminary investigation period ends, the investigator says that he will take the case to court only in November. If I am unable to appear to familiarize myself with the case for a good reason, can the investigator take the case to court without my acquaintance? Thanks!!!
Marina, as I understand it, you already have the RF Criminal Procedure Code? ... Familiarization of the victim, civil plaintiff, civil defendant or their representatives with the materials of the criminal case 1. At the request of the victim, civil plaintiff, ... and their representatives, the investigator acquaints these persons with the materials of the criminal case in whole or in part, with the exception of the documents specified in part two of Article 317.4 of this Code. The civil plaintiff ... or his representative get acquainted with the materials of the criminal case in the part that relates to the civil claim. 2. Familiarization is carried out in the manner prescribed by Articles 217 and 218 of this Code. And one more thing: in accordance with paragraph 12 of Part 2 of Art. 42 of the Code of Criminal Procedure of the Russian Federation, the victim has the right to: - at the end of the preliminary investigation, get acquainted with all the materials of the criminal case, write out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including with the help of technical means. If several victims are involved in a criminal case, each of them has the right to get acquainted with those materials of the criminal case that relate to the harm caused to this victim. Clause 12, part 2 of Art. 42 of the Code of Criminal Procedure of the Russian Federation does not exclude the right of the victim, before the end of the preliminary investigation in a criminal case, to familiarize himself with the decisions on the involvement of specific persons as accused, to know the composition of the investigation team conducting the preliminary investigation in this case, as well as to get acquainted with the decisions on the appointment of forensic examinations, regardless of their type, with expert opinions and complaints and representations received from participants in the criminal proceedings in cases where they affect his rights and legitimate interests. Thus, you are RIGHT to file a request for familiarization with the materials of the criminal case (Articles 42, 216 of the Code of Criminal Procedure of the Russian Federation), and you can refuse to familiarize yourself with the materials of the criminal case. It is desirable for such a category of cases as Art. 131 of the Criminal Code of the Russian Federation, to get acquainted with the case in order to know the position of the defense. If you cannot appear at the appointed time, then indicate the validity of the reason and ask to assign you additional time to familiarize yourself with the case materials. Only .. you cannot abuse your rights ...)
Elizaveta Dmitrieva
one unbeliever. raped another, he is charged with p. d h. 2 tbsp. 131 of the Criminal Code of the Russian Federation is this true despite the fact that they are both unsov
The first answer is incorrect, since in the new edition of Article 131 of the Criminal Code of the Russian Federation, the rape of a minor is classified under Part 3 of Art. 131 of the Criminal Code of the Russian Federation and is punishable by imprisonment for a term of 8 to 15 years. (as amended by the Federal Law of the Russian Federation of 18.07.09 "On Amendments to the Criminal Code of the Russian Federation" No. 215-FZ). And the age at which criminal responsibility for this act comes is really 14 years.
Egor Khorobrov
Article 131 of the Criminal Code of the Russian Federation. Help is needed .. Today they conducted an investigative experiment under Article 131 at my house (on a mannequin). The investigator said that the offender had written a confession. Also, the investigator said that he had asked for a signature not to leave, but " the boss "(his words) is against, because 1. He can hide again. 2. There is one more statement on him (according to which article he did not say, but definitely not according to article 131). But he will stand to the end until he gets a subscription. He also said that the criminal wants to reconcile, and if I do not mind, then he will allow us to talk. I refused. And now the questions themselves: 1. How likely is it to sign about not leaving, if the "boss" is against it? Or will still be remanded in custody pending trial? 2. Does the investigator have the right to facilitate the reconciliation of the parties (he insisted)? 3.How does a confession affect the sentencing? 4. And if a group of investigators is now working with the criminal, will I still have the same investigator who initially conducted the case? 5. Why is a group of investigators dealing with the perpetrator, and not one? Thanks a lot !!!
Someone expressed the opinion that BOSS is a prosecutor, but ... now the prosecutor does not influence the course of the preliminary investigation. Briefly about your questions: 1. A measure of restraint in the form of detention is chosen by the court if there is a request from the investigator to choose such a measure of restraint. Such a preventive measure can be chosen during the preliminary investigation. If the accused remains on his own recognizance when sending the case to the court, then the judge, on his own initiative, has the right to change the measure of restraint (such a case has already happened in practice, and the cassation instance upheld the judge's decision). As a rule, under Art. 131 of the Criminal Code of the Russian Federation choose a preventive measure in the form of detention, but ... there are probably exceptions. 2. Not eligible. Moreover, if part 2 of Art. 131 of the Criminal Code of the Russian Federation, then ... the criminal case will in any case reach the court, even if the victim refuses her statement. Another situation is if Part 1 of Art. 131 of the Criminal Code of the Russian Federation is a private-public crime and is initiated only if there is a statement by the victim (part 3 of article 20 of the Code of Criminal Procedure of the Russian Federation) 3. How does a confession affect the sentencing? - A confession may be recognized as a circumstance mitigating the punishment. The very confession is recognized by the court when it is examined in conjunction with the circumstances of the case and evidence. 4.-5. Whether the case is being conducted by one investigator or a group, then ... it will not affect you in any way. These are the procedural moments in the investigation of the case.
For starters ... some highlights ... The judge, in whose proceedings the criminal case on such a serious charge is, of course, will study it well before the trial. He will know your testimony in the same way. But ... at the hearing you will need to testify. Your rights are governed by Art. 42 of the Criminal Procedure Code of the Russian Federation, read it carefully. You yourself understand and perceive these norms quite well. : 2. The victim has the right: 1) to know about the charge brought against the accused; 2) give evidence; As for your right to refuse to testify: 3) refuse to testify against yourself, your spouse (your wife) and other close relatives, the circle of which is determined by paragraph 4 of Article 5 of this Code. If the victim agrees to testify, he must be warned that his testimony can be used as evidence in a criminal case, including in the event of his subsequent refusal to give this testimony. Thus, not in every case the victim has the right to refuse to testify. You don't need to worry. And it will be necessary to remember all the circumstances in the case and give truthful testimony. After your testimony, you will be interrogated by the parties: first the prosecution, then the defense. The presiding judge will ask questions last. All questions that will not be relevant to the case are removed by the presiding judge and will no longer need to be answered. The proceedings under Art. 131 of the Criminal Code of the Russian Federation is held in a CLOSED court session: in addition to the composition of the court, the state prosecutor, the defense lawyer, the defendant (s) and the victim (s), there will be no other outsiders, not counting the escort service if the defendant is in custody, and the bailiff, which ensures order in the court session.
The object of rape is a woman, the subject is a person who has reached the age of 14. Object of art 133 and man and woman, the subject is a person who has reached 16 years of age.
Svetlana Makarova
tell me the types of offenses under Article 131 of the Criminal Code of the Russian Federation. Tell me the types of offenses under Art. 131 UKRF, according to their structure, the design of the objective side and the degree of public danger, as well as the objective and subjective signs of these compositions.
Okay, they persuaded, I'll try to keep within the five minutes remaining. So, 1. simple rape with the use of violence, 2. with the threat of its use, the threat must be real and supported by actions in relation to the victim herself or her relatives, 3. rape using the helpless state of the victim, 4. by a group of people, by a group of people by prior conspiracy, by an organized group, 5. connected with the threat of murder or infliction of grievous bodily harm, 6. committed with particular cruelty towards the victim, 7. a minor, 8. entailed by negligence the infliction of grievous bodily harm or infection of the victim with HIV, 9. entailed by negligence the death of the victim, 10. the victim under 14 years of age. All differ in method and consequences, in more detail about each method described in the textbook or PPVS on judicial practice in cases of crimes under Art. 131 and 132 of the Criminal Code of the Russian Federation. The subjective side of all compositions is direct intent, the subject is common.
Ksenia Kozlova
Article 131 of the Criminal Code of the Russian Federation. Help is needed. If the offender wrote a confession, is a confrontation required? I know that under Article 131 the hearing is closed. This means that no one at all will be present except me, the criminal, the judge, the secretary, the prosecutor and the lawyer? And the witnesses will simply be summoned and they will leave? Am I understanding correctly? Many thanks to everyone!
no, confrontation is mandatory when there are irreparable contradictions in the testimony yes, under Art. 131 of the Criminal Code there are usually closed processes
Marina, everything is very easy to calculate ... August 24 - October 24 - the deadline for the FIRST two months of the investigation (no extension) ... If the head of the SG says that the case is "almost finished", it means that in September all the evidence was collected (your and other interrogations, etc.), with the exception of the testimony of the accused ... And then he himself arrived in time, sweetheart ... And almost all of October is still ahead ... So there is every chance that there will be no renewal ... For the remaining month it is quite possible to do one or two forensic medical examinations (provided, sorry for the details, what was there to analyze ...) By the way, it may be that they will be sent to court even earlier than at the end of October ... The Peter principle does not work in criminal proceedings ..)) We consider further ... Around November, the case will go to court. ... On the nose - the reporting month of December, after which - drunken January. ... In practice, they will consider, at best, in late winter or early spring ... And even then, provided that he is in custody ... And if, God forbid, they are released on subscription, it may take even longer ... ready to argue with colleagues ... ..and in fact no one really punishes the courts for red tape ... you can find a thousand reasons for deposition ... ((
Daria Fedorova
Help to disassemble (for example, article 131 of the Criminal Code of the Russian Federation) the subjective side
the subjective side of the crime of Article 131 of the Criminal Code of the Russian Federation will only be direct intent
Pavel Skoblikov
situation (Article 131 of the Criminal Code of the Russian Federation). In general, the girl at work was raped in a perverted form, she did not be a fool spat out sperm in her bag and carried it for examination .. there the sperm went through all the instances and what do you think? the guy was imprisoned .. do you think courage can help in any situation?
I've heard a story one story. The cleaning lady snatched a condom with sperm from the rich man from the trash and made herself a child. When the baby was born, she filed for child support and won. The moral of this story is this: do not litter with condom, men, otherwise you never know what savvy ladies are.
There are no unsolvable problems - you have to fight to the end. Firstly: 1. Prepare for the debate by the parties - repeatedly insist on the imposition of a sentence of imprisonment for a maximum term of Part 1 of Art. 131- up to 6 years old, part 2 of Art. 131 - up to 10 years old, part 3 of Art. 131 - up to 15 years old, part 4 of Art. 131 - up to 20 years old. motivate by the fact that the suffering has not been smoothed out, an apology has not been brought, the whole life is broken, etc. 2. Within 10 days after the announcement of the verdict (you can not wait for a copy), file a cassation appeal to the collegium for criminal cases of the court of a constituent entity of the Federation - indicate in the complaint the verdict of which court is complaining about, who is the accused, the sentence imposed and that they do not agree with the reasonable time limit and that you are asking for the verdict to be canceled and the case sent for a new trial to the same court in a different composition of the court. THE MAIN THING DO NOT MISS A TIME - WILL NOT RESTORE - reasons to be found. In the cassation appeal, you can ask to be considered with YOUR participation - in the court of a constituent entity of the Federation, also insist on your own to the last, assert that the verdict is UNFAIR, etc. - should be canceled.
Kirill Leonchev
Article 131 of the Criminal Code of the Russian Federation. A special procedure for making a court decision .. The lawyer of the criminal filed a petition for a special procedure for making a decision. The investigator did not explain that with a special order 2/3 of the maximum term, I agreed. After I wrote a statement that I refuse the special order decision making, because. was incorrectly informed. Today they called from the court and said that regardless of the procedure for making a decision, even if it was general, even if it was special, the punishment would still be like a special one, because. the offender did not refuse the petition. They told me to drive up to the court tomorrow and withdraw the application. Is the court right and what can you expect?
If the swindler does not withdraw the petition, he will be in a special order ... The court does not need extra hemorrhoids ... I agree the swindler - and that's it ... He'll get his 2/3 ...
Stanislav Yaroshev
Why is the "Criminal Code of the Russian Federation" not released in comics?
Can you imagine Article 131 (Rape) in the comics? There is another article for such pictures
Arthur Kurashov
Article 131 of the Criminal Code of the Russian Federation. I ask the practitioners to answer .. I am a victim, tomorrow the court. Help to draw up the text of the challenge to the prosecutor. The reason is personal hostility. At the stage of appealing against the refusal to the HUD, the following remarks came from her: You wrote a statement for the sake of money; Well, such a superman missed; Even my mother does not dare to name you, etc. During the interrogation, she was rude, rude, laughed. On December 29, a trial was to take place, it was postponed to January 15 due to the absence of the defendant's defense lawyer. She told me then, she did not receive money, she decided still plant. And if the challenge is not declared, then it can somehow influence the decision of the judge? Thank you!
I have already answered your question once. There is no reason for the withdrawal of state. the prosecutor. These grounds are clearly defined in the law. What you indicate cannot indicate a personal direct or indirect interest in the outcome of the state. the prosecutor. What the remarks came from was that they didn’t want to excite and “dissuaded” you in this way + by itself, she seems to be a rude person + their work is so nervous. The most important thing is that she is a PARTY OF THE ACCUSATION, she is on your side in procedural terms, and so that she does not say she is obliged to carry out her work - to support the prosecution in the case. She can, of course, later drop the charges, but this will be a minus in her work and, as a rule, cases under such an article with a poor evidence base are not sent to court. So you do not need to declare anything. And then declare a challenge, the court will refuse you almost 100%, but the state. You will definitely anger the prosecutor with this and finally turn against yourself.
Nikolay Marktsev
Article 131 of the Criminal Code of the Russian Federation. Help is needed. Today I actually stepped, wrote a statement that I did not want to be present at the trial. I wrote the statement to the name of my investigator. He told me that the prosecutor might not sign. How can I make sure that I still get to court? Can I withdraw my application?
I have already said that the court is to blame for this statement! but for the sake of fidelity, of course, it is better to write to the court a statement of a different content, "I ask you to notify in a timely manner, I wish to participate in the court session"
I agree with HESSE ... So much has already been passed that there is no need to retreat at the last stage! It is difficult to predict exactly what questions a lawyer or prosecutor will ask ... Most likely clarifying about the specific role of the defendant, about the second person ... maybe something about possible provocations on your part of him to such actions (some such hints may be .. ((((), in general, anything .. But through this you JUST SHOULD go through !!!)
Valeria Maksimova
Article 131 of the Criminal Code of the Russian Federation. There is a question .. According to Art. 131 of the Criminal Code of the Russian Federation several times refused to initiate UD. The prosecutor's office sent a report on the crime under Art. 116.There they retrained to 115 and opened. After a long appeal, they filed a UD under Art. 131. They said that deeds would unite. The case under Art. 115 "lost". According to Art. 131 have not yet gone to court, although they should have been sent back at the end of November. Can the prosecutor not sign the bill of indictment without Art. 115?
The prosecutor may not know at all about Art. 115 - his powers have now been curtailed. And you do not waste time and write a complaint that the case under Art. 115 not attached to the main case
Margarita Baranova
Article 131 of the Criminal Code of the Russian Federation. Help is needed .. That week, on Wednesday, the prosecutor’s office signed that they had informed me that all the investigative actions had been completed. She also wrote that I would like to get acquainted with the materials of the criminal case. The investigator said that on Thursday- Friday he will take the last 2 examinations and on Friday he will call to agree on when I arrive for review. A week has passed, but silence from the investigator. Can he take the case to court without my acquaintance? Thank you!
A squiggle is needed for anyone. Do not worry, they will collect what is missing, bring everything into a human form and familiarize it.
To begin with, the court summons prosecution and defense witnesses according to the indictment list. If during the investigation the expert was interrogated as an expert or specialist, and he is indicated in the indictment, he will be summoned. If he does not appear, the question of necessity will be decided by the court. If the expert was not interrogated as such during the investigation, then he can be summoned at the initiative of a party (state prosecutor, defense or court), IF there is a need to clarify the conclusion given to him.
Margarita Gerasimova
Help me find out the statistics of crimes under Art. 131 of the Criminal Code of the Russian Federation "Wear and tear" for 2010 - 2011.
in 2010, a total of 4907 rapes were registered, and from January to March 2011 - 928 rapes
Valery Dargomyzhsky
Article 131 of the Criminal Code of the Russian Federation. Moral damage .. Has filed a claim for compensation for moral damage 100 thousand rubles. Today the swindler's lawyer called and offered to pay 20 thousand immediately. The investigator says that she would agree, because after the trial I will not see anything at all (or will pay 1.5 thousand a month for 5 years), or the court is even less than 20 After receiving the money, write a receipt to the lawyer that the moral damage has been compensated in full and I have no claims for moral damage to the swindler. Do you think it is worth agreeing?
Take the money. You will say at the trial - I have no property claims ... And the rest - to the end.
EPT marinchik is where they are exactly daddy ??? it is possible if there are semen samples - it all depends on the desire of the doer - remember for forensic science there is nothing impossible - you need to know what to examine
After the victim and the accused have familiarized themselves with the materials of the criminal case, the investigator draws up an indictment. Then the case is sent to the prosecutor's office. The prosecutor meets him and signs the bill of indictment. Only then the criminal case is sent to the court. Since the accused is on his own recognizance and apparently there is still a time limit in the case, no one is particularly in a hurry with this. When is the date of the end of the investigation, do you know? After this date, it is already necessary to ask the case in court.
I, as a person who was in a pre-trial detention center (at the Novosibirsk Central), I can say that we are decent aristocrats, we don’t climb right away from the letters, we’ll learn the details, maybe the girl is a catfish, and then she wrote to him, as they say, garbage arbitrariness. A person who arrived at 131st. placed under the question, that is, it does not fit the steel to the general, it does not touch, it only washes the floors. But I can say the following, that as the case goes to court, a copy of the case is sent to the hut (camera), and there the results of the examination, plus it becomes clear who the person is. If you find out that he has been raped in nature, it does not mean that he will be printed. it all depends on the strength of character, but it will not be sweet for him. He can still be closed to activists (red, goats), where he can live by paying a certain amount of money (the Kazls have no concept). Most likely, he will spread a boland (which decent prisoners have in the background) and remain serving time in a pre-trial detention center. So if he is a rapist for the whole term, he will be morally run away. I myself was an eyewitness of how they deal with rapists. And you hold on and do not give in to despair, desertion of freedom is no longer a little plus humiliation and most likely illness.
Evgeniya Belyaeva
Article 131 of the Criminal Code of the Russian Federation. Help is needed. that I definitely need to get acquainted with the expertise on drugs. But I don’t understand why? After all, Article 228 of the Criminal Code of the Russian Federation has nothing to do with me. Tell me, who knows. Thanks!!!
but this is our "wise law"! because everyone thinks that all snoopers are idlers, and all because of such stupid work!
Yaroslav Lipko
Article 131 of the Criminal Code of the Russian Federation. Court. Article 241 Glasnost. 2. The trial of criminal cases in all courts shall be open, with the exception of the cases provided for in this article. 3) consideration of criminal cases on crimes against sexual inviolability and sexual freedom of the individual and other crimes may lead to the disclosure of information about the intimate aspects of the life of participants in criminal proceedings or information that humiliates their honor and dignity. Why then does the investigator say that there are no grounds for a closed trial? He says that the trial will be open.
What does the investigator have to do with it? Sledak does not decide what the court will be like ... Apply for a closed court hearing.
There is no need to declare any recusals. Submit a petition to the judge with a request to take measures to prevent such behavior on the part of the prosecutor by entering into the protocol, and to a higher prosecutor a complaint about a violation by the prosecutor of prosecutorial ethics and an official check on this fact, up to the removal of the said prosecutor from participation in this case. And everything will change and improve in your process.
Yulia Nikolaeva
Tell me who can be the subject of a crime under Article 131 of the Criminal Code of the Russian Federation. Are there experts then?
The subject of rape can be a male person who has reached the age of 14. A woman who is a member of a group that committed a rape (in judicial practice, there are cases of organizing the rape of a woman by her “friend” on the basis of envy or revenge) is subject to liability under paragraph “b” of Part 2 of Art. 131 of the Criminal Code, in other situations of rape, women are responsible as instigators or accomplices.
Margarita Kazakova
Tell me please!!! Is the article on rape in the Criminal Code of the Russian Federation? What number?
Article 131 Article 131. Rape 1. Rape, that is, sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or with the use of the victim's helpless state, shall be punishable by imprisonment for a term of three to six years. 2. Rape: a) committed repeatedly or by a person who has previously committed violent acts of a sexual nature; b) committed by a group of persons, by a group of persons in a preliminary conspiracy, or by an organized group; c) combined with the threat of murder or infliction of grievous bodily harm, as well as committed with particular cruelty towards the victim or other persons; d) entailing infection of the victim with a venereal disease; e) knowingly a minor - is punishable by imprisonment for a term of four to ten years. 3. Rape: a) entailed by negligence the death of the victim; b) entailing by negligence the infliction of grievous harm to the victim's health, her infection with a HIV infection or other grave consequences; c) a victim who has obviously not reached the age of fourteen - shall be punishable by imprisonment for a term of eight to fifteen years.
Gennady Kurchatov
The subject of the crime of Art. 131 of the Criminal Code of the Russian Federation "Rape" ???
There is no object in this composition, there is only an object - the sexual inviolability of the person.
Anna Kulikova
Help to disassemble (by the example of Art. 131 of the Criminal Code of the Russian Federation) the object, the objective, the subject, the subjective corpus delicti. Advance cn
Rape encroaches on two immediate objects. The first object, corresponding to the tribal one, is social relations that ensure the sexual freedom of a woman, and in case of an attack on a victim who has not reached the age of fourteen, also social relations that ensure sexual inviolability. The second immediate object is alternative. They are: when using violence - social relations that ensure health, bodily integrity or personal freedom; in case of the threat of the use of violence - ensuring the safety of these benefits of the individual; when using the helpless state of the victim - ensuring bodily inviolability or freedom; in the event of a threat of murder or infliction of serious harm to health, ensuring the safety of life or health; in case of infection of the victim with a sexually transmitted disease or HIV infection - ensuring health; in the case of death by negligence, they ensure the life of the individual. The victim of rape is a woman with whom sexual intercourse is performed. Moreover, violence or a threat to such can be applied both to her and to other persons. The latter may be persons in whose fate the victim is interested, as well as persons who hinder or are capable of hindering sexual intercourse with the victim. The objective side of the main corpus delicti of rape under Part 1 of Art. 131 of the Criminal Code of the Russian Federation, is characterized by two actions, each of which constitutes an encroachment on the corresponding object. One action is characterized by the objective side of only rape with the use of the helpless state of the victim.
