Problems that May Arise in the Process of Qualifying Violent Actions Against Sexual Freedom
Abstract.The object of the research is the social relations arising in the process of ensuring sexual safety. In Russia sexual safety is ensured by the criminal law in the first place. This includes the Criminal Code provisions that set forth responsibility for crime against sexual health, sexual freedom, sexual integrity, privacy and morality. The biggest threats are violent actions against sexual freedom (articles 131 - 132 of the Criminal Code of the Russian Federation). Thus, the subject matter of this research is the provisions that set forth responsibility for aforesaid crime. The research involves both general and special research methods. These provisions are being analyzed in terms of their correspondence to fundamental categories of the criminal law, requirements of the legal protection and international standards. The main result of the research is the development of a new version of Article 131 of the Criminal Code of the Russian Federation. Based on doctrinal views and results of court and investigative practice, the authors discover that concurrent existence of Article 131 and Article 132 of the Criminal Code of the Russian Federation violates the principle of justice and qualification criteria set forth in these articles should be reviewed.
Keywords: violence, sexual freedom, sexual inviolability, acts of a sexual nature, lesbianism, pederasty, sexual intercourse, rape, threat of violence, qualifying sign
Article was received:06-12-2018
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