Sex crimes

Responsibility for sexual crimes (in particular, rape and incest) was already provided for in the most ancient monuments of law. As the emergence and spread of such world religions as Judaism, Christianity and Islam, sexual crimes began to be considered primarily as a sin, a violation of religious norms ^[1] .

Since the era of the New Age, secularization and liberalization have been characteristic of criminal law norms establishing responsibility for sexual crimes. Understanding sex crimes as abuses primarily on religious or, in a wider context, moral standards is losing ground. Modern criminal law is characterized by the criminalization of only those sex crimes that directly encroach on the interests of a particular person. Acts such as adultery, incest between adults, voluntary sodomy in many countries are decriminalized. In part, this also applies to acts related to the circulation of pornography ^[1] .

Another trend, which is reflected in the legislation of many states, is the elimination of gender inequality in the field of criminal law protection of the sexual sphere. So, while traditionally in various legal systems only women could be victims of most sex crimes, now criminal law is characterized by recognition of the equal right of the sexes to protection of sexual freedom and sexual integrity ^[1] .

In addition, a trend common to modern criminal law is to strengthen the protection of the interests of the normal development and upbringing of minors, including protecting them from sexual violence and sexual exploitation ^[1] .

At the same time, it should be noted that the criminal law of various states in the field of liability for sexual crimes has significant differences. The formulation of criminal law that establishes signs of sex crime is greatly influenced by historical traditions that are characteristic of the corresponding legal system, especially moral standards inherent in the society prevailing in a particular state in a particular historical period, etc. ^[one]

The criminal law of some countries is developing in the opposite direction to the trends described above. Thus, during the re-Islamization of the criminal law of Muslim countries, which began in the 1970s, the model of criminalization of sexual crimes, based on the religious precepts of the Koran, was restored. In particular, especially severe punishments, up to the death penalty, are imposed for crimes such as rape, adultery, and sodomy. At the same time, the woman’s right to sexual freedom in marriage is denied ^[1] .

As a rule, in modern criminal codes, sex crimes stand out as an independent group. However, there is no general solution to the question of the place of this group in the criminal law system. There is not even a unified approach to the legislative designation of this group of crimes (the term "sex crimes" is used mainly in criminal law theory).

In a number of states (Vietnam, India, Kazakhstan, China, San Marino, Slovakia) sex crimes are not allocated as an independent section of the law. As a rule, at the same time they are included in the section on attacks on the person: for example, in Kazakhstan this is the chapter “Crimes against the person”, in Vietnam - the chapter “Crimes against the life, health, dignity and honor of a person”, in India - the chapter “About crimes affecting the human body ”) ^[3] .

The choice of the name of the relevant section is influenced not only by considerations of legal technique and legal teachings on sexual crimes, but also by the particular historical and cultural development of a particular state. So, if for states of European civilization a reference to sexual freedom as an object of sexual assault is typical, then for Muslim states “sexual freedom” is unthinkable as an object of criminal law protection. When discussing the Turkish Criminal Code in 2004 under pressure from conservative sections of society, the authors of the Criminal Code were forced to abandon the designation of sex crimes as “crimes against sexual freedom”. In this regard, the literature noted that for many Turkish citizens the concept of “sexual freedom” is still inextricably linked with sexual licentiousness ^[4] .

Thus, two main approaches can be distinguished to consider the place of sex crimes in the system of legislation and, therefore, to determine their object. The first, traditionalist, proceeds from the fact that the violation of moral standards is primary in such assaults. The second, more modern, suggests that sexual crimes infringe primarily on the individual, his rights and freedoms ^[5] .

As for the level of the corresponding section in the criminal law system, there is also no unity. Sex crimes are allocated to the first level (ancestral object) in the structure of the Special Part in the Criminal Code of Austria, Argentina, the Federation of Bosnia and Herzegovina, Germany, Denmark, Indonesia, Spain, Italy, Colombia, Latvia, Lithuania, Macedonia, Moldova, the Netherlands, Norway, Poland , El Salvador, Ukraine, Switzerland, Japan. The second level (species-specific object) includes sex offenses of the Criminal Code of almost all CIS countries, Albania, Bulgaria, Israel, Portugal, and Romania. Finally, in France, sexual offenses are placed on the third level of the structure of criminal law (group object) ^[5] .

In some countries (Paraguay, Uzbekistan, France), sexual abuse of minors is singled out from the general group of sexual crimes. Thus, in the Criminal Code of Paraguay, norms on sexual assault are contained in the chapters “Crimes against sexual self-determination” and “Crimes against minors”. In the Criminal Code of Uzbekistan they are included in the chapters “Crimes against sexual freedom” and “Crimes against the family, youth and morality” ^[6] .

As mentioned above, different approaches to the criminalization of sex crimes, to understanding their object, adopted in different states, determine the presence of significant differences in the wording of the criminal law relating to sex crimes. In various societies and states, the prohibitions of one or another sexual behavior are regulated in their own way ^[6] .

Thus, in a number of countries, as well as in the Russian Federation, rape of women by males is highlighted in a separate article of the Criminal Code. At the same time, in these countries there is an article providing for punishment for sexual violence against males, as well as for violence by women, similar to Art. 132 of the Criminal Code .

In other countries, the article “Rape” is absent, punishment is imposed for any sexual violence against persons of both sexes by both male and female persons (almost an analogue of Article 132 of the Criminal Code of the Russian Federation, except that Article 132 of the Criminal Code The Russian Federation does not include sexual violence with the introduction of the penis into the vagina).

In third countries, the Penal Code provides for liability for sexual violence only against women. For example, the Mauritania Criminal Code states: “The Criminal Code considers rape to be any act carried out with a woman without her consent.”

In some countries, rape is understood as fraudulent sexual intercourse, for example, with a failure to fulfill a promise to marry; equally, if a man took advantage of the woman’s dream state in which she mistook him for her husband, etc. Islamic fundamentalists consider any sexual intercourse out of wedlock to be criminal. Some states do not recognize the attempted rape as a crime.

Sometimes the term “rape” includes penile-vaginal contact (sexual intercourse with the introduction of the male penis into the female vagina) or penile penetration into another natural opening of the body of a person who has not reached a certain age ^[7] .

At the same time, common to most states is the qualification of the following acts ^[6] :

• rape and (or) other violent acts of a sexual nature;
• sexual intercourse with a person under the age of consent .

In addition, the legislation of many countries also includes crimes such as coercion to acts of a sexual nature and indecent assault against minors. However, here the legislative differences are quite large. In those countries where there are no independent criminal offenses, more general norms are often applied ^[6] .

Due to the fact that there are certain differences in the understanding of the main subject of sex crimes in the world, in a number of countries sex work includes prostitution (Argentina, Belarus, Germany, Denmark, Spain, Spain, Poland, Portugal, Thailand, Turkmenistan, Switzerland) , distribution of pornography (Austria, Argentina, Germany, Spain, Switzerland, Thailand), etc., in others (including in Russia) - these are not sex crimes, but crimes against public health and public morality ^[8] .

Another act, which in a number of countries is classified as sexual crime (Great Britain, Germany, Denmark, the Dominican Republic, Portugal, Switzerland), and in other countries is a crime against public morality, is the public commission of obscene acts. Legislative differences are also great. For example, in Austria, the public commission of lecherous acts is punished if the perpetrator is aware of the circumstances that give reason to believe that his behavior through direct perception of what is happening by other people will cause reasonable public outrage. In France, any sexual exhibition committed specifically in front of other people in a place accessible for viewing by the public is punishable ^[8] .

The decision to criminalize one form or another of sexual behavior often depends on religious and cultural differences associated with the parallel evolution of various civilizational communities. Thus, the compositions of voluntary sodomy and adultery were characteristic of many states of the world in the 19th and early 19th centuries . At present, almost all countries belonging to Western civilization have decriminalized these acts, although in countries with a predominance of the Muslim religion, they remain criminal ^[8] .

Voluntary sodomy is recognized as a crime in Algeria, Afghanistan, Bangladesh, Bahrain, Botswana, Brunei, Bhutan, Egypt, Zambia, Zimbabwe, India, Iran, Yemen, Libya, Cameroon, Qatar, Kenya, Kuwait, Lebanon, Mauritius, Mauritania, Malaysia, , Mozambique, Myanmar, Namibia, Nepal, Nigeria, UAE, Oman, Pakistan, Papua New Guinea, Saudi Arabia, Singapore, Syria, Sudan, Tanzania, Tonga, Togo, Trinidad and Tobago, Tuvalu, Tunisia, Turkmenistan, Uganda, Uzbekistan , Ecuador, Ethiopia and Jamaica ^[8] . Voluntary lesbianism is recognized as a crime in Iran, Oman, as well as some northern states of Nigeria ^[9] .

Some differences in approaches to the criminalization of sexual crimes are associated not with historical or cultural, but with legal traditions. Thus, incest universally considered reprehensible and dangerous to society is a criminal act in most countries of the world. However, in a number of countries (CIS countries, except Moldova, Latvia, Lithuania, Japan, France), it was decided to abandon the criminalization of incest, probably on the grounds that this type of sexually-deviant behavior is rare, and there are enough social prohibitions to contain it .

Many countries also recognize bestiality as bestiality ( bestiality ). Traditionally, responsibility for this act is provided for in the states of the Anglo-American legal family (for example, relevant articles are present in the laws of Brunei, Bhutan, Great Britain, Zambia, Zimbabwe, India, Canada, Kiribati, Nigeria, New Zealand, Samoa, Saint Lucia, Singapore, Tongo, Trinidad and Tobago, Tuvalu, Fiji, South Africa and a significant number of US states), as well as in some countries of the Romano-German system (Ecuador, Ethiopia).

The history of criminal law regulation of sex crimes in Russia

Current Russian Sexual Offenses Legislation

In modern Russian criminal law, crimes against sexual integrity and sexual freedom of a person are classified as sex crimes (Chapter 18 of the 1996 Criminal Code of the Russian Federation ^[10] ):

• Rape (Art. 131 of the Criminal Code of the Russian Federation)
• Sexual violence (Art. 132 of the Criminal Code of the Russian Federation)
• Compulsion to sexual acts (Art. 133 of the Criminal Code of the Russian Federation)
• Sexual intercourse and other sexual acts with a person under the age of sixteen (Art. 134 of the Criminal Code of the Russian Federation)
• Depraved acts (Art. 135 of the Criminal Code of the Russian Federation)

When investigating cases of sexual offenses, violations or during administrative inspections, the following types of forensic medical examinations may be prescribed:

• True Sex
• Puberty
• Virginity
• Establishing the ability to have sexual intercourse, conception and fertilization
• Establishment of pregnancy and its timing
• Establishment of past birth and abortion (for criminal abortion )
• Forensic rape examination
• Forensic medical examination in case of depraved acts
• Forensic examination in sodomy
• Forensic medical examination of persons suspected of having committed sexual offenses
• Examination for suspected infection with sexually transmitted diseases or AIDS

• Agafonov A.V. Sexual crimes. - M .: Publishing house "Yurlitinform", 2009. - 376 p.
• Deryagin G. B. Investigation of sexual crimes. Guide for lawyers and doctors. - M .: LLC Publishing House "Yurlitinform", 2008. - 528 p.
• Ignatov A. N. Qualification of sexual crimes. - M .: Yurid. lit., 1974.- 256 s.
• Isaev N. A. Sexual crimes as an object of criminology. SPb., Legal Center Press., 2007. - 486 p.
• Kameneva A. N. Responsibility for rape under the criminal law of the Russian Federation and various foreign states. - M.: Publishing house of Moscow University, 2011. - 160 p.

• Child sexual abuse
• Molestation
• Sodomy
• National Public Registry of Sexual Offenders
• Catholic Church Sexual Harassment Scandal