1. Sodomy, lesbianism or other actions of a sexual nature with the use of violence or with the threat of its use against the victim (survivor) or other persons, or using the helpless state of the victim (victim) -
shall be punished by imprisonment for a term of three to six years.
2. The same acts:
- a) committed by a group of persons, a group of persons by prior conspiracy or an organized group;
- b) associated with a threat of murder or infliction of grievous bodily harm, as well as committed with particular cruelty towards the victim (survivor) or other persons;
- c) resulting in infection of the victim (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. Acts provided for in parts one or two of this article, if they:
- a) committed against a minor (minor);
- b) entailed through negligence the infliction of grave harm to the health of the victim (victim), infection of him (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. Acts provided for in parts one or two of this article, if they:
- a) caused by negligence the death of the victim(s);
- b) committed against a person 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. Acts 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.
Comments on Article 132 of the Criminal Code of the Russian Federation
The object of violent acts of a sexual nature coincides with the object of rape (see commentary to Article 131 of the Criminal Code of the Russian Federation).
The objective side of the crime consists of committing sodomy, lesbianism or other acts of a sexual nature using violence or the threat of violence against the victim (victim) or other persons, or taking advantage of the helpless state of the victim (victim).
Sodomy is sexual contact between men, and lesbianism is sexual contact between women. Other actions of a sexual nature should be understood as satisfying sexual needs in other ways (oral, anal sex, etc.), including forcing a woman to commit sexual intercourse by using violence or threatening to use it.
Sodomy (a type of homosexuality, pederasty) consists of the forcible satisfaction of sexual passion through sexual intercourse between man and man. Non-violent sodomy is not punishable under the Criminal Code of the Russian Federation.
Lesbianism (sapphism, tribadity) is the violent satisfaction of sexual passion through communication between a woman and a woman, influencing erogenous zones the partner’s body, imitation of sexual intercourse, performing other lusty acts (oral-genital contacts, satisfying sexual needs with the help of various devices - artificial phalluses, vibrators, masturbation, petting, orrotage, etc.). Victims of sexual assault can be both men and women.
From the subjective side, violent acts of a sexual nature are committed intentionally (in the form of direct intent) - the perpetrator is aware that he is committing this crime with the use of violence, and wants to do so. The motive of the crime is the satisfaction of sexual passion. In some cases, the motives may be revenge and humiliation of the victim’s human dignity.
The subject of a crime in case of forced sodomy can only be a male person, and in case of forced lesbianism - only a female person who has reached the age of fourteen. Persons of a different sex who take part in violent acts of a sexual nature (women in sodomy, men in lesbianism) are held accountable as accomplices - organizers, instigators, accomplices.
All other signs of sexual assault are similar to the signs of rape discussed above.
1. Does Article 131 and Article 132, Part 2 require supervision?
1.1. Federal Law of April 6, 2011 N 64-FZ "On administrative supervision of persons released from places of deprivation of liberty"1) administrative supervision - monitoring carried out by internal affairs bodies over the compliance of a person released from places of deprivation of liberty established by the court in accordance with hereby Federal law temporary restrictions on his rights and freedoms, as well as the fulfillment of his duties provided for by this Federal Law.
2. Will there be any amendments to Article 132, Part 4 of the Criminal Code of the Russian Federation in the near future?
2.1. No amendments to crimes in this category are expected in the near future.
3. Can a jury consider a case under Article 132, Part 2 of the Criminal Code of the Russian Federation.
3.1. Yes. may consider.
4. Is it possible to withdraw an application under Article 132?
4.1. Rimma Bobrova, criminal cases of private-public prosecution are initiated only at the request of the victim or his legal representative, but are not subject to termination in connection with the reconciliation of the victim with the accused.
You will not be able to withdraw your application.
5. In the near future there will be amendments to Article 132 Part 4 of the Criminal Code of the Russian Federation or an amnesty.
5.1. Unknown. Legislation does not contain norms that allow us to at least somehow predict the possibility of adopting regulations and their contents in advance. No decisions have yet been made on amnesty or amendments to this article in 2018.
5.2. Ilya! Currently, there is no information about possible changes to the article you specified; the decision on amnesty in 2018 has also not yet been made - there is only a draft law.
Sincerely, LAW FIRM "ZAKON".
6. Is it possible to recalculate the term in a pre-trial detention center under Articles 131 part 1 and 132 part 1?
6.1. Yes, the counting of time spent in custody (in a pre-trial detention center) does not depend on the crime committed, that is, regardless of what crime the perpetrator is charged with.
7. My husband was accused under Article 132. Is it possible to win the Supreme Court?
7.1. It all depends on the violations that the court of first instance committed. In any case, it is necessary to familiarize yourself with the court verdict and the case materials.
7.2. ---Hello dear visitor, what should you use to tell your fortune? If there is sufficient evidence in a criminal case, nothing and no one will cancel it. Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.
7.3. You can win the case if there is no evidence of your husband's guilt. Any case can be won if there is no evidence. To talk specifically about your case - about which defense position to choose - it is necessary to study the indictment and sentence (if passed) at a minimum and at a maximum all the materials of the case.
Can you get copies of the case materials from your lawyer?
8. Is an employee exempt from bearing legal costs required to send a claim to the employer in accordance with the innovations of Art. 132 Civil Procedure Code of the Russian Federation.
8.1. Obliged. The employee is only exempt from paying state duty.
9. A statement and adj. arrived. O sides in gr.d in corresponds. With Part 6 of Article 132 of the Code of Civil Procedure of the Russian Federation, I don’t understand what this could be (there are loans that have not been paid off)
30.2. the fact that the investigator offers you to undergo a psychophysiological examination using a polygraph is still evidence on the territory Russian Federation According to the legislation of the Russian Federation, he will not appear; the expert’s conclusions can only be accepted as evidence by a judge. Also, to undergo this study solely by the desire of the participating person, it is not possible to force you to undergo this study, in addition, in the absence of evidence of the involvement of a certain person in the commission of this crime, the period of preliminary investigation may be suspended on the basis provided for in clause 1, part 1 Art. 208 of the Code of Criminal Procedure of the Russian Federation (in the absence of a person to be brought as an accused).
Sincerely!
Sodomy, lesbianism or other acts of a sexual nature with the use of violence or with the threat of its use against the victim (victim) or other persons, or taking advantage of the helpless state of the victim (victim) - is punishable by imprisonment for a term of three to six years.
Part 2 art. 132 of the Criminal Code of the Russian Federation
Same actions:
a) committed by a group of persons, a group of persons by prior conspiracy or an organized group;
b) associated with a threat of murder or infliction of grievous bodily harm, as well as committed with particular cruelty towards the victim (survivor) or other persons;
c) resulting in the infection of the victim (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.
Part 3 art. 132 of the Criminal Code of the Russian Federation
a) committed against a minor (minor);
b) caused through negligence the infliction of grave harm to the health of the victim (victim), infection of him (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 up to twenty years or without it and with restriction of freedom for up to two years.
Part 4 art. 132 of the Criminal Code of the Russian Federation
Acts provided for in parts one or two of this article, if they:
a) caused by negligence the death of the victim(s);
b) committed against a person under fourteen years of age - 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 restriction of freedom for a term of up to two years. .
Part 5 art. 132 of the Criminal Code of the Russian Federation
The acts 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, are 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.
Commentary to Art. 132 of the Criminal Code of the Russian Federation
Commentary edited by Esakova G.A.
1. The signs of the main and qualified elements of the crime basically coincide with the corresponding signs of rape (Article 131 of the Criminal Code).
2. The main difference lies in the objective side of the crime (clause 2, 13 of the Plenum Resolution Supreme Court RF dated December 4, 2014 N 16): if, in case of rape, responsibility comes for sexual intercourse between a man and a woman in a natural form, where the injured party is a woman, then Art. 132 of the Criminal Code presupposes liability for all other violent acts of a sexual nature. Among them, the law specifically identifies sodomy (sexual contacts between men in any form, including oral contact (coitus per os) and interfemoral coitus between men) and lesbianism (sexual contacts between women in any form).
Other acts of a sexual nature include sexual contacts between a man and a woman not covered by the concept of rape, where the injured party is the woman, including anal contact (coitus per anum), oral contact (coitus per os), imitation of sexual intercourse (for example, narvasadata, i.e., a surrogate form of sexual intercourse by inserting the penis between the woman’s mammary glands; vinharita, i.e., the same form by inserting the penis between the woman’s compressed thighs). This should also include sexual intercourse in its natural form between a man and a woman, where the injured party is the man.
3. A consequence of the characteristics of the objective side is also that a man can also be classified as a direct victim in this composition, and a woman can be classified as a performer of the main composition.
4. If a person’s intent includes committing (in any sequence) rape and sexual assault against the same victim, the act should be assessed as a set of crimes provided for in Art. 131 and 132 of the Criminal Code. At the same time, to qualify the offense, it does not matter whether there was a gap in time during the commission of rape and sexual assault against the victim (clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 4, 2014 No. 16).
Commentary on Article 132 of the Criminal Code of the Russian Federation
Commentary edited by Rarog A.I.
1. The law establishes liability for forced sodomy, or lesbianism, or other acts of a sexual nature, i.e. for the realization of sexual attraction to persons of the same sex, as well as for committing other actions of a sexual nature, if they were committed with the use of violence or with the threat of its use. Thus, criminal liability is associated with a violent method of satisfying sexual passion, and not with the perversity or immorality of the method of satisfying it. In the case of voluntary consent of partners in sodomy, lesbianism and other acts of a sexual nature, there is no corpus delicti of this crime. The introduction of this norm into the Criminal Code of the Russian Federation contributes to equal protection of sexual freedom and sexual integrity of both men and women, since victims under this article can be persons of both sexes.
2. Sodomy (male homosexuality) is understood as the satisfaction of sexual desire between men by introducing the penis of an active partner into the anus (anus) of a passive partner. Other forms of homosexual acts between men are not sodomy. Only men can be victims of sodomy.
3. Lesbianism (female homosexuality) is a form of satisfaction of sexual desire by a woman in relation to another woman through any actions of a sexual nature (imitation of sexual intercourse, contact of genitals and other parts of the body, etc.). Only a woman can be a victim of lesbianism.
4. Other actions of a sexual nature are any means of satisfying sexual desire between men or between a man and a woman, with the exception of natural sexual intercourse and sodomy (see: Sexual perversions and their prevention. M., 1990). This could be, for example, oral sex (“coitus per os”), anal sex (“coitus per anum”), copulation between a man and a woman in a natural form if the coercion comes from the woman. Victims can be both men and women (depending on the nature of the act).
5. When committing this crime, violence or the threat of its use is used, or the helpless state of the victim (victim) is used (see commentary to Article 131 of the Criminal Code).
6. The moment of the end of the crime is the beginning of the commission of acts of a sexual nature using violence, threat or the helpless state of the victim (victim).
7. The subjective side is characterized by direct intent.
8. The subject of a crime can be a person of either male or female who has reached the age of 14 years.
9. Parts 2, 3 and 4 art. 132 of the Criminal Code provide for qualifying and specially qualifying features of this crime. Their list and content completely coincide with qualified types of rape (see commentary to Article 131 of the Criminal Code).
Sexual assault
Commentary on Article 132 of the Criminal Code of the Russian Federation:
1. According to Art. 15 of the Criminal Code of the Russian Federation, this crime refers to serious crimes (part 1 of article 132), and the acts provided for in parts 2 - 5 of this article are especially serious crimes.
2. The object of violent acts of a sexual nature is social relations that ensure the sexual freedom of men and women, and if the victim (victim) has not reached the age of sixteen, then the object is relationships that ensure sexual integrity.
3. Violent acts of a sexual nature, Art. 132 of the Criminal Code of the Russian Federation refers to: a) sodomy; b) lesbianism or c) other actions of a sexual nature. Moreover, in all three cases, in order to bring a person to criminal responsibility for a given crime, it is required that all of these actions be associated with violence or the threat of its use against the victim (survivor) or other persons, or using the helpless state of the victim (victim).
4. The Criminal Code of the RSFSR of 1960 defined sodomy as sexual intercourse between a man and a man (Article 121 of the Criminal Code of the RSFSR of 1960). This definition was extremely unfortunate, because from a purely physiological point of view, sexual intercourse between same-sex people is impossible. Contradicted this definition and medical understanding of sodomy. Nevertheless, the formulation of sodomy given in Art. 121 of the Criminal Code of the RSFSR of 1960, was also reproduced in the Soviet encyclopedic dictionary, published in 1987, and in a number of other publications. Unfortunately, in some comments to the Criminal Code of the Russian Federation of 1996, despite the absence of a definition of sodomy in it, the wording contained in Art. 121 CC 1960
5. Sodomy and lesbianism are types of homosexuality, which is atypical sexual behavior, manifested in the achievement of sexual satisfaction by the subject (both men and women) through sexual contacts with persons of the same sex. Sodomy is male homosexuality, and lesbian love (lesbianism) is female homosexuality.
6. Establishing criminal liability not only for forced sodomy, but also for forced lesbianism helps to ensure equal protection of sexual freedom and sexual integrity for both men and women. It should also be noted that the Criminal Code of the Russian Federation establishes criminal liability for these acts not in connection with their immorality and perversity, but only for those manifestations that are associated with the violent nature of satisfying sexual passion.
7. The objective side of sodomy is that in order to satisfy sexual passion, the male genital organ of the active partner is inserted into the anus of the passive partner.
The nature of actions during lesbianism can be very diverse, always aimed at satisfying sexual passion. Voluntary consent of partners in both lesbianism and sodomy does not constitute the crime in question. Under other sexual actions referred to in the disposition of Art. 132 of the Criminal Code of the Russian Federation, one should understand various actions of a sexual nature between a man and a woman or between men, including those committed in perverted forms.
A mandatory feature of the objective side of the crime in question is the method of its commission, namely the use of physical violence or the threat of its use in relation to the victim (survivor) or other persons. At the same time, the latter must perceive the threat as real. Just like with rape, physical or mental violence is aimed at suppressing the will of the victim (survivor) to resist.
8. Under “other persons” referred to in Art. 132 of the Criminal Code of the Russian Federation, to which violence or the threat of violence can be applied, also includes those who, by intervening in the defense of victims, try to prevent the commission of violent acts of a sexual nature. These persons can be close relatives, friends, and, finally, any citizens who came to the defense of the victims.
9. In Art. 132 of the Criminal Code of the Russian Federation also speaks of the helpless state of the victim (victim), which is used by the perpetrators to commit sodomy, lesbianism or other violent acts of a sexual nature. The issue of a helpless state should be resolved in the same way as in case of rape (see commentary to Article 131 of the Criminal Code of the Russian Federation).
To recognize this crime as completed, the fact of the beginning of a violent sexual act (sodomy, lesbianism or other acts of a sexual nature) must be established.
10. The subject of sodomy can only be a male person who has reached the age of fourteen, and the subject of lesbianism can only be a female person who has reached the same age. The subject of other violent acts of a sexual nature can be either a man or a woman. The subjective side of this crime is characterized only by direct intent.
11. Qualifying and especially qualifying features of this crime, specified in parts 2 - 5 of Art. 132 of the Criminal Code, completely coincide with the same characteristics of Art. 131 of the Criminal Code of the Russian Federation and have already been commented in detail above when analyzing the elements of rape.
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