What is the sentence for raping minors? What is the prison sentence for rape? Violence against minors of the Criminal Code of the Russian Federation.
The first offense provided for in the legislation of the Russian Federation is rape of a minor. This provision is enshrined in paragraph “a” of part three of Article 131 of the Criminal Code of the Russian Federation and paragraph “b” of part 4 of Article 131 of the Criminal Code.
Sexual crimes are among the most serious attacks on a person, causing enormous moral and physical harm to victims. The use of mental and physical violence, extreme cruelty, causing death to victims and other grave consequences are a component of almost all sexual crimes.
Rape under Russian law is sexual intercourse with the use of violence, or the threat of its use against the victim or other persons, or using the helpless state of the victim. Under sexual intercourse, according to the Resolution of the Plenum of the Supreme Court of the Russian Federation "On judicial practice in cases of crimes provided for in Articles 131 and 132 of the Criminal Code of the Russian Federation" dated June 15, 2004, is meant the commission of sexual intercourse between a man and a woman, therefore all other actions are qualified under Article 132 “Violent acts of a sexual nature”.
When qualifying sexual crimes, the age of the victim is important. Criminal liability arises for rape or violent acts of a sexual nature that occurred against both minors and minors.
The object of the crime in this case is, in the case of paragraph “a”, part 3. Art. 131, sexual freedom of a minor, and in the case of clause “b”, part 4 of Art. 131, sexual integrity of a person under 14 years of age. This distinction is based on the fact that persons under the legal age of consent have sexual integrity. However, according to the rules of law, paragraph “a” of Part 3 of Article 131 includes both persons from 14 to 16 years of age, who, according to this law, fall under the concept of “sexual integrity”, and persons from 16 to 18 years of age who have sexual freedom. This seems to be a flaw in the legislation, based on the contradictions between the established age of consent and the actual position of the legislator on the age of consent for sexual activity, which at one time was set at 14 years. In addition, an additional object of the crime in this composition can be considered the health of the victim, since when violence is used, as well as when the victim is young, physical harm is caused to her health. In cases provided for in paragraph "a" part 4. Art. 131 the object of the crime is also the death of the victim.
Rape of a minor is considered a crime taking advantage of her helpless state. The victim, due to her age, is not able to understand the nature and consequences of the actions committed against her.
Before the adoption of the Criminal Code of the Russian Federation in 1996, the ability of the victim to understand these circumstances was checked every time by the court, which was guided by the age of the victim, his level of development, conditions of upbringing, etc. The 1996 Criminal Code correctly approached this issue by formalizing the age limit, dividing two groups of victims - minors and minors. Thanks to this approach, the court no longer needed to find out from the victims all the details of the rape to check whether the victim understood the meaning, significance and nature of the actions performed on him.
sexual inviolability of a minor crime
Today, the criminal law has abandoned the use of the term “knowledge” to characterize the subjective attitude of the perpetrator towards minors and young victims of rape and sexual assault.
The objective side of the crime is the commission of an act in the form of sexual intercourse with a person under the age of majority, as mentioned above. Moreover, the new amendments provide that under paragraph “b”, part 4. Article 131 also subject to qualification actions provided for in Articles 134 and 135 in relation to persons under the age of 12 years.
To recognize an act as completed, no harmful consequences must occur.
In addition to sexual intercourse, the objective side of rape also includes physical violence, or the threat of its use, as well as taking advantage of the victim’s helpless state. The use of violence, or the threat of its use, is a key point in distinguishing the offense of rape from the offense provided for in Article 134 of the Criminal Code - sexual intercourse with a person under the age of 16 years. Physical violence means holding, tying up, beating, causing mild or moderate harm to health, as well as carelessly causing serious harm to health. under mental violence - the use of threats, intimidation of the victim. Unlike the laws of some Western countries, inducement to engage in sexual intercourse under the influence of deception or breach of trust is not considered rape, unlike the laws of some Western countries. According to judicial practice, the use of violence is covered by Article 131 only if it was committed before the start of sexual intercourse in order to suppress the resistance of the victim or prevent it. If violence was used after the end of sexual intercourse, then this should be interpreted as a set of crimes. Also, some scientists, for example, A. Kibalnik and I. Solomenko, express the view that in cases where minimal physical violence was used in order to induce voluntary sexual intercourse in such a rude and unacceptable way, or in retaliation for refusal to voluntarily enter into sexual intercourse, then in this case there is no element of rape or attempted rape, and the person can be held accountable only for the very fact of using violence.
The threat used by the criminal must be real, threatening the life or health of the victim or other persons, regardless of whether the criminal had real intentions to carry it out. The threat must also precede sexual intercourse. A threat cannot be considered such if the promise of violence refers to the future, or the victim is threatened with the dissemination of defamatory information, or damage or destruction of property. Also, the threat should be distinguished from the offense provided for in Article 133 of the Criminal Code - coercion of a woman into sexual intercourse, which also provides for the use of mental pressure.
The helpless state of the victim is understood as the victim being in a state of alcohol or drug intoxication, a mental disorder, as a result of which the victim was not aware of the nature of the actions performed on her, physical disabilities, as well as young age. To recognize the rape of a minor on the basis of taking advantage of the victim’s helpless state, the principle of the victim’s age is now applied, as we mentioned above. The main criterion here is the inability to understand the actual side and social role of sexual relations, based on the level of development and awareness of sexual relations.
On the subjective side, rape is characterized by the presence of direct intent, since rape is a crime with a formal composition.
In assessing the subjective attitude of the perpetrator to the age of the rape victim, several scientific positions have emerged, each of which corresponds to a certain stage in the evolution of law enforcement practice.
In a deliberate crime, such as rape, the attitude of the perpetrator to all elements of the crime must be exclusively intentional. In this regard, a situation in which the perpetrator did not foresee the minority of the victim, although he should have and could have foreseen it, should not be covered by the offense of rape of a minor. As a result, the legislation stated that liability for rape of a minor was possible only in cases where the perpetrator knew or admitted that he was committing a violent sexual act with a person under 18 years of age.
The modern version of the Criminal Code of the Russian Federation does not require knowledge of the age of the victim of rape and sexual assault. In this regard, in full accordance with the principle of guilt, it must be stated that responsibility for the crimes in question is possible both in cases where the perpetrator reliably knew about the age of the victim, and in cases where such knowledge was of a presumptive, probabilistic nature. Rape is a deliberate crime. Every sign of the objective side that characterizes his social danger must be recognized by the guilty person. At the same time, the formula of intent, enshrined in Article 25 of the Criminal Code of the Russian Federation, does not distinguish between the types of intent itself, depending on the degree of reliability of awareness of these signs. Awareness is rather not knowledge, but understanding based on the perception of the situation. The perpetrator can perceive a wide variety of information characterizing the victim: birth documents, words of the victim herself, statements of her friends or relatives, behavior, occupation, appearance, etc. Based on this objective data, he must form an understanding of whether the victim is under 18 or 14 years of age. This understanding, even in the most general form, is quite sufficient for the imputation of the corresponding qualifying attribute.
Crimes provided for in Part 3 and Part 4 of Article 131 are committed with two forms of guilt: the main one - with intent, additional ones - with negligence. In general, according to Article 27 of the Criminal Code, they are recognized as intentional crimes.
A separate issue is the presence or absence of the victim’s consent in controversial situations. In such cases, to correctly determine whether the victim has consent, a comprehensive sexological and psychological examination should be carried out, the results of which must be assessed taking into account all the circumstances of the case. When resolving the issue of the existence of consent when a criminal uses contraceptives, it can be reasonably stated that in itself, without taking into account other circumstances of the case, this cannot serve as a justification for the consent of the victim, since contraceptives could be used on the initiative of the criminal himself.
In practice, the legal assessment of “voluntary” sexual intercourse with a minor causes significant difficulties. In a number of cases, courts classified such sexual deviations (deviations from sexual morality) as rape. However, young age alone cannot serve as a basis for qualifying sexual intercourse with the consent of the victim to engage in sexual intercourse as rape using the helpless state of the victim.
Thus, I. was sentenced to imprisonment under paragraph "b" of Part 4 of Article 131 of the Criminal Code of the Russian Federation. He was found guilty of raping 13-year-old N.
In the cassation appeal, I., without challenging the commission of sexual intercourse with the victim, denied the use of violence against her and asked to reclassify his actions under Article 134 of the Criminal Code of the Russian Federation.
The lawyer of the convicted person also argued in the cassation appeal that the conclusion of the expert psychologist contradicts the conclusions of the court.
The Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation found that the court's conclusion about I.'s guilt in committing a crime corresponds to the actual circumstances of the case and is based on evidence.
As follows from the testimony of the convict, while drinking alcohol he became aware that N. was 13 years old. In the evening they went to a disco. From there he and N. headed home. On the way, I. took her to the territory of the kindergarten, where he had sexual intercourse with her.
Witnesses - spouses G. explained that their niece N. went to the disco, but did not return home. N.'s night searches did not yield results, and in the morning she appeared herself. Her clothes were dirty and there were blood stains on her trousers. On the same day, the girls were sent to their parents.
According to the conclusion of the forensic expert, N. had injuries characteristic of sexual intercourse, and according to the conclusions of the biological expert, the discovered traces of biological origin could have come from I.
The arguments of the complaints that there is no evidence in the case that the convict committed a violent sexual act were carefully checked in court and were reasonably rejected.
According to the conclusion of the forensic expert, multiple injuries were found on the victim’s body in the form of abrasions on the skin of the back, on the outer surface of the right forearm, a bruise on the chest on the right, scratches on the skin of the forehead, classified as lungs that did not cause health problems.
According to the conclusion of the experts who conducted the forensic psychological examination, victim N., as a person with increased suggestibility and without a strong-willed principle, could not resist in a situation of imaginary or real violence. Her lack of drinking habits may have contributed to her indecisiveness and passivity in violent situations.
Given such data, indicating the helplessness of the victim’s condition due to severe alcohol intoxication and age, the court’s conclusions that the convict committed rape, and not voluntary sexual intercourse, are legal and justified.
The conclusion of the forensic psychological examination did not have any advantage over other evidence for the court's conclusions and was assessed in conjunction with all the factual data in the case.
Having comprehensively, fully and objectively examined the circumstances of the case, giving them a proper assessment, the court came to a reasonable conclusion that I. was guilty of committing a crime.
Only such cases should be considered as forced sexual intercourse despite apparent “voluntariness” when, due to their young age, mental retardation, etc. the victim, knowingly for the perpetrator, could not understand the nature of the actions committed against her. In other cases, the act constitutes a crime under Article 134 of the Criminal Code of the Russian Federation.
The qualification problem regarding the application of Article 131 in practice comes down to the distinction between these crimes and related crimes, for example, Articles 132, 134 of the Criminal Code of the Russian Federation.
Sexual intercourse and other actions of a sexual nature committed against minors fall under Article 134 of the Criminal Code of the Russian Federation only if committed voluntarily, with the consent of the victim himself. However, very often there are situations where the consent of a minor victim to homosexual contact or other similar actions was the result of physical violence or the threat of its use, and in some cases - simply deception or misrepresentation.
Homosexual contact in these cases appears outwardly to be voluntary. But these actions must be qualified not under Article 134 of the Criminal Code of the Russian Federation, but considered as violent acts of a homosexual nature on the basis of taking advantage of the helpless state of the victim and qualified under Article 132 of the Criminal Code of the Russian Federation, since consent in these cases cannot be recognized as valid.
A helpless state is the state of the victim, due to which at the time of the assault he is deprived of the opportunity to take measures for self-preservation due to the fact that he is not aware of the surrounding situation, or does not understand the nature and significance of what is being done in relation to his act, or he cannot provide resistance to the perpetrator or otherwise avoid danger and is unable to voluntarily exit this state. These signs of a helpless state in their essential characteristics certainly apply to many situations of sexual crimes against children.
It should be established whether the victim, due to her age and development, could understand the nature and significance of the actions performed on her. If, due to young age, mental retardation and other similar circumstances, the victim was deprived of this ability, what the perpetrator did should be considered rape or violent acts of a sexual nature using the helpless state of the victim and qualified accordingly under Article 131 or Article 132 of the Criminal Code of the Russian Federation.
When distinguishing between sexual intercourse with a person under 16 years of age and rape of a victim under 14 years of age or a minor, it is necessary to establish whether the victim, due to her age and development, could understand the nature and significance of the actions performed on her.
If the victim, due to her young age or, for example, mental retardation, could not understand the nature and meaning of the actions performed on her, the act should be considered as rape, committed using the helpless state of the victim.
The main motive for the crime is sexual satisfaction; there may be other motives: revenge, the desire to humiliate the victim, hostile relations with the victim. When qualifying a crime, the purpose and motive are not significant factors, but can be taken into account by the court when assigning punishment.
The subject of the crime is a male person who has reached the age of 14, and the qualification of the crime under clause “b”, part 3 of article 131 will apply even to those criminals who themselves are still minors. This provision is interesting from a legal point of view: despite the fact that under Article 134 such attacks are not criminal, under Article 131 they are interpreted as a deliberate attack on the sexual integrity of a minor by another minor, whose sexual integrity is also protected.
It would be more correct to interpret such an encroachment under Part 1 of Article 131. As for the gender of the offender, despite the fact that a male person is indicated as the subject, a woman can be prosecuted as an accomplice to gang rape, since gang rape can also be considered an act in which acts of a sexual nature were committed by only one of the accomplices.
The new wording of Article 131, paragraph 5, also provides for additional liability for the commission of rape of a minor by a person who has previously committed rape of a child or minor. But this innovation is unjustified, since the Criminal Code already provides for enhanced penalties for repeat crime, and the introduction of additional clauses establishing punishment for it, directly in specific compositions, can lead to legal confusion and prevents the uniform application of criminal law.
As for the criminal legal sanctions established by the legislator as measures of responsibility for the rape of a minor and the rape of a minor, they seem reasonable and proportionate to the crime committed, since this assault really has a high social danger and causes significant harm to the health and normal moral and physical development of the child .
Violation of sexual integrity with the use of violence against girls under the age of majority causes not only physical suffering, but also leaves a certain imprint on the emotional state of the victim, disrupting interaction with society. The punishment given for the rape of minors is specified in the sanctions of Article 131 of the Criminal Code of the Russian Federation. The specificity of the investigation of such crimes is due to the unformed psyche of the victim.
What to do in case of rape of minors
There is no special algorithm in case of violence against a minor girl. This can be influenced by many factors:
- the degree of trust between the victim and family members;
- relationship between crime and family members;
- the girl's emotional level.
Each specific case of violence is individual in relation to both the victim and the personality of the perpetrator. For example, if rape was committed by a family member or close relative, the girl will most likely try to hide this fact. The same will happen to someone who is very sensitive and timid by nature. The child may experience shame, fear and other emotions that will not allow the crime to be detected.
But still, if rape becomes known within the first 24 hours after sexual intercourse, you should immediately contact the police and undergo an examination procedure. A medical officer must record all traces of the crime committed (abrasions, bruises, etc.), and a pediatric genital specialist is invited to examine the child to determine the nature of the changes in surfaces.
Important! Regardless of when the rape became known, you need to contact law enforcement agencies. But it should be taken into account that late application helps to reduce the likelihood of proving the fact of violence.
How to prove the existence of an offense
Proof of the fact of rape is approached very thoroughly, since the nature of the marks on the victim’s body allows it to be classified as a crime under Article 131 of the Criminal Code of the Russian Federation.
It is important not only to examine the victim, but also to prevent the development of emotional destabilization of the individual. A criminal, violating sexual integrity, may torture a child or threaten him with violence, and the girl may independently consent to sexual intercourse.
The investigator in the case appoints a number of examinations that can help identify the offender. Thus, medical specialists with appropriate qualifications and experience working with minors are allowed to perform a forensic medical examination. In accordance with the specifics of the crime, a pediatric gynecologist is invited to examine the victim’s body. The nature of the wounds, abrasions and other changes found on the genitals suggests that the girl resisted copulation. The presence of bruises and contusions indicates that force was used along with violent actions.
Before examining the body, a psychologist talks with the child, who allows him to identify the circumstances of the case that help restore the overall picture of the crime.
The sooner parents file a statement about the crime committed, the more traces they will be able to record as a result of examinations.
It is important that the clothes the girl was wearing at the time of the crime be provided for research. Examination of tissue surfaces makes it possible to identify the presence of biological material (saliva or seminal fluid) and establish the identity of the criminal.
In some cases, the examination does not provide a reliable answer to the questions posed, but according to the methodology for investigating such crimes, it is mandatory. For example, if the offender threatened to kill a minor if she did not agree to copulate voluntarily, no special traces (except for the rupture of the hymen) may be found, but the testimony of the girl herself usually clears up the picture of what happened.
In the case when the criminal is identified, the fact of his sanity is also checked by doctors. Having established that at the time of the rape, the man was not himself and was not aware of the actions being taken against the victim, the defense lawyer may raise the question of release from punishment. Such cases are not rare, and criminals go to any lengths to discredit their sanity.
It should be noted that in 2014 the Supreme Court made an important clarification on this category of cases. Starting from the date of entry into force of Resolution No. 16 of December 4, 2014, the guilt of the offender will be subject to criminal punishment only if he knew or admitted that the victim had not reached the age of majority. So, if a girl claims that she is 18 years old, but external signs (makeup, revealing clothes) cannot establish otherwise, then the crime can be reclassified as Part 1 of the article on rape.
Limitation periods
It is necessary to understand that an examination carried out many years later will not show physical grounds to believe that sexual intercourse took place, and if it did, then with which man and under what circumstances.
What responsibilities are provided?
The victim of a crime under Article 131 of the Criminal Code of the Russian Federation is a qualifying feature, that is, an aggravating circumstance that provides for a more severe punishment compared to the general disposition of rape cases. The article of the Criminal Code of the Russian Federation for violence against children and minors contains both the main and additional types of punishment.
The main sentence that a criminal faces varies from 8 to 15 years. They may also give an additional punishment, which is adjacent to the specified sanction and is deprivation of the right to engage in activities or be employed in positions in which interaction with children occurs. This ban exceeds the maximum possible imprisonment of 5 years and is usually imposed in conjunction with a restriction of liberty for 2 years.
In Russia, unlike Ukraine, for example, there is no gradation of age that affects the degree of responsibility. That is, the division into minors and minors was not made. Moreover, rape in Russia is a crime against the sexual integrity of a girl, and in Ukraine the Criminal Code contains the concept of using violence against a boy.
Citizens must engage in sexual relations consciously and voluntarily. If a man forces a woman to have sexual intercourse, this will be considered an illegal act and will entail severe punishment according to the Criminal Code of the Russian Federation. Intercourse with the use of physical violence or threats is rape.
The victims of crime are usually women, but both children and men are abused. Violence may be of a group nature, and then such acts will be classified as aggravating circumstances. When doing this, you should understand that Russian legislation provides for an article for rape.
Punishment for a crime is proportionate to the degree of guilt and the amount of harm caused (physical, moral). In everyday life, any sexual act that is involuntary in nature is usually called rape, but lawyers divide sexual acts into several types.
What does the article of the Criminal Code say?
According to Article 131 of the Criminal Code of the Russian Federation, rape is a crime in which voluntary sexual intercourse between a man and a woman occurred, but the following were applied to the victim:
- violent methods;
- compulsion;
- threats.
The rapist can threaten not only the victim, but also her relatives. Also, the article “rape” includes cases where sexual contact was committed by an adult and a person who does not give an account of his actions, a helpless or a minor citizen.
The object of the crime in such circumstances is sexual freedom, the right to independently choose a partner. Quite often, citizens confuse Articles 131 and 133 of the Criminal Code of the Russian Federation. If the first provides punishment for rape, then the second regulates liability for forced sexual intercourse. The main distinguishing feature of this crime is that the attacker uses not threats or physical pressure to achieve goals, but the dependence of the victim. This often happens at work, where subordinates experience official and material helplessness in front of their boss.
There is also Article 134 in the Criminal Code of the Russian Federation, which provides punishment for sexual contact and actions of a sexual nature against minors. If the victim is more than 12 years old, the case will be classified according to her. In cases where the victim is under the specified age, criminal proceedings will be opened on the basis of Article 131, and the punishment will follow as for committing rape of minors. The main measure of liability is a criminal sentence. The length of stay in prison depends on the crime and other important factors. Rape is punishable by imprisonment for a term of 3 to 25 years.
Crime Investigation
Citizens can be prosecuted for rape (Article 131) only in court. Authorized persons must investigate and verify that violence actually occurred. The court will have to study all the materials of the case, the positions of the parties, evidence and independent conclusions. One of the important tools of a rape trial is an examination. Specialists must confirm that as a result of the abuse, a violation of the person’s sexual integrity occurred.
Forensic medical examination can be entrusted to one specialist or group. The examination is carried out by doctors - a gynecologist, a psychologist. They apply various methods, conduct tests and ultimately reach a conclusion. In addition to analyzes and checking the physical condition of the alleged victim, experts examine the victim’s clothing (underwear) for traces of biological fluids.
During the examination, scratches, bruises, abrasions and other signs of struggle may be found on the victim’s body. These circumstances will determine whether sexual intercourse was voluntary. Research results are sometimes unreliable, but they are a necessary component in matters of a sexual nature.
An examination can be ordered not only for the victim. The court is also obliged to ensure the sanity of the rape suspect. If a person does not account for his actions, he may be diagnosed with “sexomania,” in which an experienced lawyer will achieve complete release from criminal liability.
It is important to note that even if a medical examination confirms that the victim had sexual intercourse, this does not mean that the suspect will be immediately convicted. There is another important point when establishing punishment for rape: during the investigation, the guilt of the offender must be proven. The legislation (in particular, Article 131 of the Criminal Code) does not limit the period during which persons can contact law enforcement officers with a statement of rape, but it should be borne in mind that the more time has passed since the rape, the more difficult it is to prove the fact of the crime and to enforce liability.
Consequences of rape
Rape and other similar abuses are punishable extremely strictly according to the norms and provisions of Russian legislation. This is due to the fact that illegal actions and violation of sexual integrity have serious consequences, which can manifest themselves in the form of physical damage or moral harm. Rape victims suffer from post-traumatic stress disorder.
After severe shock, the victim may experience psychological and emotional reactions. The disorder has a lasting effect. In the first hours after rape, a woman may become hysterical or, conversely, withdraw into herself.
Hyperactive behavior and inhibited reactions indicate a state of shock. The acute phase lasts 2–3 weeks, but the expression of moral harm can manifest itself over several years and even life. More often, psycho-emotional disorder occurs as a result of gang rape, when the victim was subjected to violent acts by several people.
At first, the victim may exhibit physical disorders: muscle tension, disturbance of urogenital functions. However, after a week or two, these symptoms disappear, while the emotional suffering continues. The victim may develop a feeling of shame, guilt, and develop distrust of others. Persistent depression often develops, which can result in a suicide attempt.
Is it possible to refute your guilt?
Rape is considered one of the most heinous and dangerous crimes. When a person is accused of violence, it can cost them their family, career and future. Unfortunately, judicial practice shows that women often use accusations of rape (Article 131 of the Criminal Code) as an instrument of revenge, and their words have no legal basis. A citizen of the Russian Federation can receive a penalty for slander, but more often such persons are given a suspended sentence of up to 1 year.
The judicial system is not perfect, so it often happens that citizens are convicted of rape under Article 131, even if they did not commit it. However, if a crime has taken place, it is important to fully understand the case and understand the circumstances. Criminals are sentenced to 3–6 years in prison (Article 131 of the Criminal Code of the Russian Federation). The period may be increased if there are qualifying characteristics, i.e. if the intercourse was committed in the presence of aggravating factors. To prove his non-involvement in rape, a person will have to work hard.
The first step is to contact an experienced criminal defense attorney. The specialist knows the law (in particular, Article 131), therefore, based on theory and practical experience, he will develop an individual action plan, based on which it will be possible to evade criminal liability. To avoid punishment, you must deny the fact of rape, provide evidence that the victim consented to sexual intercourse, committed sexual acts of her own free will, without coercion, threats, physical or moral pressure.
In a rape case, you can attract witnesses and present all existing evidence of innocence. If ordered by the court, the accused may be detained pending a hearing and sentencing. Legal proceedings can last for years, so it is important to defend your interests and rights and to seek replacement of the temporary restrictive measure with another.
Criminal Code, N 63-FZ | Art. 131 of the Criminal Code of the Russian Federation
Article 131 of the Criminal Code of the Russian Federation. Rape (current version)
1. Rape, that is, sexual intercourse with the use of violence or with the threat of its use to the victim or other persons, or taking advantage of the helpless state of the victim, -
shall be punished by imprisonment for a term of three to six years.
2. Rape:
a) committed by a group of persons, a group of persons by prior conspiracy or an organized group;
b) accompanied by a threat of murder or infliction of grievous bodily harm, as well as committed with particular cruelty towards the victim or other persons;
c) resulting in infection of the victim with a venereal disease, -
shall be punishable by imprisonment for a term of four to ten years, with or without restriction of freedom for a term of up to two years.
3. Rape:
a) a minor;
b) resulting through negligence in causing grievous harm to the health of the victim, infecting her with HIV infection or other grave consequences, -
shall be punishable by imprisonment for a term of eight to fifteen years with 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.
4. Rape:
a) negligently caused the death of the victim;
b) a victim under fourteen years of age -
shall be punishable by imprisonment for a term of twelve 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 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 criminal record for a previously committed crime against the sexual integrity 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 in 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 that fall under the elements of crimes provided for in parts three - five of Article 134 and parts two - four of Article 135 of this Code, committed against a person under twelve years of age, since such a person, due to his age, is in a helpless state, that is, cannot understand the nature and significance of the actions performed on him.
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Commentary to Art. 131 of the Criminal Code of the Russian Federation
1. Rape should be understood as the commission of a natural sexual act (copulation), characterized by the possibility of conception (pregnancy) as part of the reproductive function. Satisfaction of sexual passion in other forms by 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 provided or expected resistance and is realized in beatings, tying up, and forcible detainment. Causing light or moderate harm to the victim's health is covered by the norms of Part 1 of Art. 131 of the Criminal Code and additional qualifications for 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 dated June 15, 2004 N 11 “On judicial practice in cases of crimes provided for in Articles 131 and 132 of the Criminal Code of the Russian Federation”) .
If, during rape or attempted murder, serious harm to health is intentionally caused, the actions of the perpetrator should be qualified under the relevant part of Art. 131 of the Criminal Code and in conjunction with the crime provided for in Art. 111 of the Criminal Code. Careless infliction of such harm to health excludes the specified set.
The actions of a person who intentionally caused serious harm to the health of the victim during the process of rape, resulting in her death through negligence, in the absence of other qualifying features, fall under the signs of crimes provided for in Part 1 of Art. 131 and part 4 of Art. 111 of the Criminal Code.
Causing harm to health after committing rape is qualified as a real set of crimes provided for in Art. 131 of the Criminal Code and the corresponding article on crimes against personal health.
3. The threat of violence can be addressed not only to the woman herself, but also to her relatives and friends (for example, children), as well as other persons in relation to whom the victim has certain obligations, due, for example, to the implementation of guardianship or performance of work duties ( teacher, teacher, etc.). However, in this case, it is necessary that the goal of the perpetrator is aimed at overcoming the resistance of the victim and thus the desire to force her to perform a sexual act. Violence or the threat of violence must precede sexual intercourse.
4. Rape should be recognized as committed using the helpless state of the victim in cases where she, due to her physical or mental condition (dementia or other mental disorder, physical disabilities, other painful or unconscious condition, young or old age, etc.) could not understand the nature and significance of the actions committed against her or resist the perpetrator.
Such a degree of intoxication caused by the use of alcohol, drugs or other intoxicating substances, which makes it impossible to resist the perpetrator, can also be regarded as a helpless state. To recognize an act as rape, it does not matter whether the rapist himself brought the woman into a helpless state (for example, gave her alcohol, drugs, sleeping pills) or whether she was in such a state regardless of his actions.
When using medications, narcotic drugs, potent or toxic substances in order to bring the victim into a helpless state, under certain circumstances, the perpetrator must be charged with both signs specified in Part 1 of Art. 131 of the Criminal Code: physical violence, since harm is caused to a woman’s health, and exploitation of her helpless state.
6. Attempted rape is recognized as the actual commission of actions aimed at sexual intercourse with the victim against her will, if they were not completed due to circumstances beyond the control of the perpetrator. When resolving cases of attempted rape involving physical or mental violence, it must be determined whether the defendant acted with the intention of committing sexual intercourse and whether the violence used was a means to achieve this goal. Only in the presence of these circumstances can the actions of the perpetrator be considered as attempted rape.
7. When an attempted rape or complicity in this crime is committed in one case, and completed rape in another (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 characteristics of different parts of Art. 131 CC.
8. The subjective side of the crime is characterized by direct intent.
9. A special subject of a crime is a male person who has reached the age of 14. A woman who has committed violence or made threats to use violence against the victim or other persons, or who has rendered her unconscious for the purpose of having sexual intercourse with a man, can also act as a co-perpetrator.
10. In part 2 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) a group of persons;
2) by a group of persons by prior conspiracy;
Judicial practice under Article 131 of the Criminal Code of the Russian Federation:
- Supreme Court decision: Resolution No. 138P17, Presidium of the Supreme Court of the Russian Federation, supervision
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 Article 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 Maslyukov’s detention by 72 hours, that is, until 11:00 am on November 23, 2014...
- Supreme Court decision: Decision N AKPI17-282, Judicial Collegium for Civil Cases, first instance
Grigorash SV is familiar with the expert opinions. On October 22, 2012, S.K. Yanshaev was charged with committing crimes under Part 1 of Article 131, paragraph “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 expert opinions...
- Supreme Court decision: Resolution No. 52P16, Presidium of the Supreme Court of the Russian Federation, supervision
By the ruling of the Court of the Khanty-Mansiysk Autonomous Okrug - Ugra dated May 28, 2012 for Tolkachev AS. the right to rehabilitation was recognized in connection with acquittal under clause “d”, part 2 of art. 131 of the Criminal Code of the Russian Federation. In the supervisory complaint, the convicted Tolkachev AS. asks for a review of court decisions...
Rape is a type of sexual intercourse. As a rule, it involves the commission of sexual abuse by one or more persons against another person without his consent. The Criminal Code of the Russian Federation classifies rape as an illegal act in the sexual sphere. The laws of different countries interpret this definition in different ways. Let us consider further how the Criminal Code of the Russian Federation explains rape.
General information
Criminal offenses are classified according to different criteria. As for illegal acts in the sexual sphere, there are a number of features. If we talk about rape, then in this case, as a rule, it is recognized as a sexual act that is performed with a person who is in a helpless state. This means that the victim cannot resist due to mental disorder, severe intoxication, young age, and so on. In this case, sexual intercourse is performed with the use of physical force or the threat of its use, psychological pressure, financial or other dependence of the victim.
General classification
At the everyday level, all involuntary sexual relations are often called rape. The laws of different countries include coercion of sexual intimacy not only between women and men into this category of illegal actions. The victim may be a person of the same sex as the perpetrator. A woman can also commit rape against a man.
Russian law
Illegal acts in the sexual sphere are considered in Articles 131, 132. The second, in particular, explains the general concept of this offense. The criminal article “Rape” states that this action should be understood as sexual intercourse committed naturally against a woman by a man, using physical pressure or the threat of using it on other persons, or when the victim is helpless. The direct object of unlawful behavior is sexual freedom, the ability to independently choose a partner. The rape clause classifies other unlawful sexual acts as “acts of a sexual nature.” In this case, the use of physical pressure or its threat can apply both directly to the victim and to other persons.
Important point
Both the first and second articles for rape, given above, establish equal liability for the act. However, it is necessary to take into account the division by offenses that the law provides. In particular, if a man in one episode committed two sexual acts against one woman - vaginal and anal or oral - then he will be charged with 2 acts based on the totality of the offenses. 
Compulsion to action
It should be distinguished from rape or sexual assault. Compulsion to engage in sexual activity is considered separately. It is provided for in Art. 133. The distinctive features in this case are that the perpetrator does not use physical pressure or the threat of its use, but the victim’s dependence on it. This could be, for example, material, service helplessness. The criminal may also use the threat of damage to property or blackmail.
Child molestation
It acts as a separate category of illegal sexual acts. In Art. 134 establishes liability for sexual intercourse with a person under 16 years of age, without the use of physical pressure or its threat. The law also provides for punishment for committing indecent acts towards the specified citizen. However, if the victim is a person under 12 years of age, then the article for rape of minors is applied. In this case, the act is directed against a person who is in a helpless (due to age) state. Therefore, the article for rape will be applied to the guilty person.
Punishment
Domestic legislation establishes a term for rape. The length of the punishment will depend on various circumstances. The article for rape or unlawful sexual acts provides for imprisonment of the guilty person for a period of 3 to 6 years. If there were aggravating circumstances, the citizen could be sentenced to 25 years or receive life imprisonment.
Expertise during the investigation
It allows you to confirm that rape actually occurred. An article of the Criminal Code of the Russian Federation provides for punishment only if the fact of violation of sexual integrity is reliably established. The expert's report will be included in the evidence of the rape. The victim is examined by a doctor (usually a gynecologist). The examination involves conducting a number of tests, examining the clothes and underwear of the suspect and the victim(s). The results obtained are studied and can be used as evidence of rape. Thus, the detected traces of sperm confirm sexual contact. If there are signs of struggle on the body of the suspect and the victim (abrasions, bruises, scratches, etc.), this may indicate that the intercourse was not voluntary. Here, however, it must be said that examination does not always accurately confirm rape.
An article of the Criminal Code of the Russian Federation establishes the guilt of the suspect as a prerequisite for liability. Bruises present on the body or evidence that the victim has recently lost her virginity does not yet confirm the fact of violation of sexual integrity. Moreover, in some cases, traces may not be detected at all. This is possible if the perpetrator did not use physical coercion when committing rape. The article of the Criminal Code does not establish a period during which the victim can file a complaint. However, the more time passes from the moment of the unlawful act, the more difficult it will be to prove the guilt of the person who committed it. In this regard, people whose rights have been violated in this way should immediately contact law enforcement agencies. In this case, it is necessary to preserve the linen and clothes that were worn at the time of the crime, without washing them. 
Suspect's sanity
This is another important fact that is taken into account by Article 131 of the Criminal Code of the Russian Federation. It has been established, for example, that in some mental disorders (schizophrenia and others), a person’s ability to self-control and awareness of his behavior is significantly reduced while sexuality is maintained, and in some cases increased. Actions during sexsomnia are always carried out in an unconscious state. This fact does not allow behavior to be classified as criminal even in the presence of moral and physical harm. In judicial practice, there are cases where, when a diagnosis of “sexsomnia” was made, charges of rape were dropped against a suspect.
Consequences of sexual abuse
Article 131 of the Criminal Code of the Russian Federation and other clauses of the Code establishing penalties for violation of sexual integrity are not provided for by chance. After experiencing sexual abuse, victims experience post-traumatic stress disorder. It is a psychological and emotional reaction that is characteristic of individuals who have experienced severe shock.
The disorder appears immediately after the rape and can persist for a long period (up to several years). In some cases, the effects are felt throughout life. This is especially true in cases where sexual misconduct is committed by more than one person against the same person at the same time (gang rape). Immediately after sexual intercourse, the acute phase appears. During the first hours, hysteria, crying spells and anxiety may occur. In some cases, the victim, on the contrary, behaves extremely calmly, showing little emotion. All this indicates a person's state of shock. These signs are especially aggravated if gang rape has been committed.
During the first weeks after the incident, physical consequences persist. They manifest themselves in the form of urogenital disorders, muscle tension and other things. The victim also continues to experience emotional reactions. In particular, a person may develop feelings of shame, guilt, disbelief, helplessness, fear, and so on. In some cases, even an attempt at rape causes long-term and severe depression in the victim (an article of the Code provides for punishment for such actions).
Motivations of the perpetrators
It is a fairly common belief that rapists experience sexual satisfaction in the process of their actions. However, this point of view is not confirmed in scientific studies of the problem. The results of studying the psychology of criminals allow us to conclude that most rapists do not experience sexual satisfaction or it is too insignificant. Direct sexual contact causes them disappointment, and in some cases, disgust. In most cases, they experience pleasure from the manifestation of their aggression, a feeling of superiority over a helpless person. 
Provoking factors
The likelihood of rape increases with the presence of additional stimulants. Such factors may include alcohol or drug intoxication, lack of awareness of the responsibility provided for by law, antisocial tendencies, impulsiveness, and contempt for women. Often illegal actions are committed by people who are surrounded by the criminal world, sexually aggressive people. Often, rapists are those who suffered something similar in childhood or were raised in a patriarchal family.
Domestic statistics
According to official data, more than 5.3 thousand rapes were committed in 2008, and more than 4.7 thousand in 2009. According to experts of the Independent Commission, these data are very underestimated. In their opinion, 30-50 thousand rapes are committed in Russia every year. Citing such figures, experts point out that the Ministry of Internal Affairs statistics reflect only the number of submitted and not withdrawn applications. In reality, very few victims contact the police. According to sociological surveys, out of 22% of those raped, only 8% file a report. In 2007, in Moscow, the crisis center registered more than 3,800 telephone calls, and in 2008 - more than 3,500. At the same time, only 12% filed complaints with law enforcement agencies in 2007, and in 2008 - 14% .
History of the problem
Ancient law viewed rape as an outrage against the person as a whole. Later, Roman doctrine brought this act under physical influence on a person, without adding sexual acts to it. Thus, rape was not previously considered a sexual crime. In the new law, encroachment on chastity began to come to the fore. In this case, the moment of violence was of secondary importance. Among the Jews in ancient times, there was a certain division of actions according to the characteristics of their commission. In accordance with this, punishment was also assigned. So, if a woman screamed during rape, and this was in an area where no one could hear her and save her, then only the man was stoned. If, during the abuse, she did not make any sounds, and the incident itself took place in the city, where someone could come to her aid, then such an action was considered as fornication. Then the death penalty was imposed on both. If the victim was an unengaged girl, the rapist had to pay her father a ransom and take her as his wife. Moreover, he did not have the right to subsequently divorce her, since no one else would take the disgraced girl as his wife. 
19th-20th century
In domestic and foreign legislation, the most important sign of rape was not the use of physical force as such, but the absence of voluntary consent to intercourse. In this regard, the unlawful act was divided into two subtypes. The legislation, therefore, distinguished between copulation with a woman without her consent and without the use of physical force and intercourse against the will of the victim using force. The first subspecies included:
The second category included cases of abuse of a woman to whom physical force was applied in order to eliminate her resistance. Among other things, the old law considered marital status to be a significant factor. For abuse of a married woman, the punishment was more severe.
Conclusion
Many legislations have specified the definition of violence, the presence of which determines the recognition of an act as rape. The Code, which was in force at the end of the 19th century in Rus', left the court the right to specify this concept. Earlier legislation was characterized by special conditions that were required to prove rape. For example, according to the Military Regulations under Peter 1, it was necessary to provide confirmation that the woman called for help and screamed, or that as a result of the actions of the accused, marks remained on her body. This was required in order to prevent “bad people” from accusing honest people of rape. History knows many cases of mass abuse of women by victorious soldiers or occupiers. 
In the event of death or injury as a result of war, men since the times of Ancient Rome were awarded pensions and monuments were erected. And the suffering and sacrifices of women became the object of attention only towards the end of the 20th century. In this regard, the UN Security Council considers rape as a means of warfare. Today, most modern legislation recognizes this act as grave or especially grave.
