1. Forcing a person to have sexual intercourse, sodomy, lesbianism, or other acts of a sexual nature by means of blackmail, threats to destroy, damage, or confiscate property, or by using the material or other dependence of the victim (victim) -
shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to one year. year, or imprisonment for the same term.
2. The same act committed in respect of a minor (minor), -
shall be punishable by compulsory labor for a term up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years or without it, or imprisonment for a term up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, or without one.
1. The objective side is characterized by forcing a person to have sexual intercourse, sodomy, lesbianism, or other acts of a sexual nature by means of blackmail, threats to destroy, damage or confiscate property, or use the material or other dependence of the victim.
Coercion means a mental impact on the victim in order to force him to have sexual contact with another person against his will. Coercion should act as a way to suppress the will and obtain consent, albeit forced, to enter into a heterosexual or homosexual relationship, lesbianism, or to commit other acts of a sexual nature. Compulsion can be expressed in various forms.
2. The law contains a strictly limited list of means and methods of suppressing the will of the victim:
Blackmail, i.e. the threat of disclosure of information compromising the victim, intimidation;
Threat of destruction, damage or seizure of property, i.e. outwardly expressed intention to perform the specified actions in relation to all or part of the property; the implementation of this threat is not covered by Art. 133 and requires self-qualification;
Material dependence, i.e. being fully or partially, but substantially dependent on the perpetrator on legal grounds or with his voluntary consent;
Other dependency, i.e. any other dependence, except for material, characterized by a complete or partial lack of independence, freedom, the presence of subordination in service, work or study, etc.
3. The crime is considered completed from the moment of compulsion to act of a sexual nature.
4. The subjective side is characterized by direct intent.
5. The subject of the crime is special when it comes to the victim who is in material or other dependence; in all other cases - any person (regardless of sex) who has reached the age of 16 years.
6. Federal Law No. 14-FZ of February 29, 2012 strengthened criminal liability for the commission of this crime against a minor (minor) (Part 2, Article 133).
1. The object of this crime is social relations that ensure the sexual freedom of males and females.
2. The objective side of this crime is characterized by active actions, forcing the victim (victim) either to have sexual intercourse, or to sodomy, or to commit other acts of a sexual nature. Coercion is a mental influence on the victims in order to force the latter, against their will, to commit the above actions (to commit sexual intercourse, an act of sodomy or lesbianism, or other acts of a sexual nature).
The means of coercion are either blackmail, i.e. intimidation, the threat of disclosing disgraceful, compromising information (valid or false); or threat of destruction, damage or seizure of property; or the use of material or other dependence of the victim (victim). Financial dependence should be understood as the fact that the victim (victim) is fully or partially dependent on the perpetrator. This also includes cases of the debtor's dependence on the creditor, etc. In the former criminal legislation, it was said about "the official dependence of the victim on the guilty." In Art. 133 of the Criminal Code of the Russian Federation, the concept of dependence of the victim is expanded, because we are talking about a different dependence of the victim (victim) on the perpetrators. Other dependence can be understood as service dependence, as well as other forms of dependence of victims and perpetrators. The latter means that in case of refusal to satisfy the desire of the perpetrator (guilty), the latter can commit such actions that will lead to the infringement of the legitimate rights and interests of the victims. For example, a threat to be fired from a job, to deprive of shelter, etc. This crime is considered completed at the moment the perpetrator is compelled to commit the above actions.
3. If in case of refusal of the victims to satisfy the desire of the perpetrators, the latter destroy, damage or seize the property of the victims, then the deed should be qualified according to the totality of the crimes committed: according to Art. 133 of the Criminal Code of the Russian Federation and the corresponding article providing for liability for crimes against property, depending on the nature of the committed act.
4. The subject of the crime under Art. 133 of the Criminal Code of the Russian Federation, there can be both male and female representatives, sane, who have reached the age of sixteen.
5. The subjective side of this crime is characterized by direct intent. The perpetrator is aware that he compels another person to act of a sexual nature and desires to commit this act.
6. A qualified type of the commented crime is the commission of an act under Part 1 of Art. 133 of the Criminal Code of the Russian Federation, in relation to a minor (minor). This qualifying feature takes place if the perpetrator knew or admitted that he was forcing a person under the age of eighteen to commit sexual acts, or should have and could have foreseen this.
1. Forcing a person to have sexual intercourse, sodomy, lesbianism, or committing other acts of a sexual nature by means of blackmail, threats to destroy, damage or confiscate property, or by using material or other dependence of the victim (victim) -
shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to one year. year, or imprisonment for the same term.
2. The same act committed in respect of a minor (minor), -
shall be punishable by compulsory labor for a term up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years or without it, or imprisonment for a term up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, or without one.
1. The main object of the crime is sexual freedom or sexual inviolability of the person, and optional may be the honor, dignity, business reputation of the victim, his property. Victims under Part 1 can only be adult males or females.
2. The objective side of the crime is characterized by active actions, expressed in compelling a person to have sexual intercourse, sodomy, lesbianism or other acts of a sexual nature by blackmail, threat of destruction, damage or seizure of property or using material or other dependence of the victim (victim).
3. Coercion must be an explicit demand, offer, means a certain mental impact, pressure on the victim (victim) in order to force them to commit such actions against their will, serves as a way to obtain forced consent. The form of coercion can be any - written, oral or otherwise.
4. The nature of the threat distinguishes this crime from rape or violent acts of a sexual nature, in which the perpetrator threatens with physical violence and directly, and not with the disclosure of disgraceful information, destruction, damage or seizure of property or infringement of the material or other interests of the victim (victim) in the future.
5. The criminal law contains a strictly limited list of forms of coercion, suppression of the will of the victim (victim). For example, the criminal case was terminated due to the lack of corpus delicti against Shch., since the court did not take into account that the disposition of Art. 133 of the Criminal Code links the presence of corpus delicti with specific acts of a sexual nature, to which the perpetrator forces the victims to commit. There was no method of influence specified in the law in the actions of the convict.
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BVS RF. 1998. N 9. S. 5.
Blackmail is understood as the threat of disclosure of information and other information that compromises, discredits, discredits, undermines the prestige, reputation of the victim (victim), their relatives, which can cause significant harm to the rights and legitimate interests, in the dissemination and disclosure of which this person is not interested, for example, a threat to a woman to tell her husband about her relationship with another man, a threat to tell a medical secret, the secret of adoption, etc. Information can be true or false, and in the event of a real disclosure of knowingly false information that discredits another person, the deed should be qualified according to the totality of the commented article and.
If the victim (victim) is not afraid of disclosing such information, does not consider it as capable of causing real damage, then the person's threat to divulge it is not recognized as blackmail.
The destruction of property is understood as bringing the property into complete disrepair, the impossibility of its use in the future.
Damage to property is understood as bringing it into partial disrepair, when this property can be restored in full or in part, used in the future for its intended purpose.
Seizure of property means the deprivation of the victim (victim) of the opportunity to exercise the rights of the owner or user.
The threat must be tangible, significant for the victim (victim), for example, to destroy a car, cottage, withdraw a collectible, etc.
In the case of a real implementation of such a threat, the deed should be qualified according to the totality of the commented article and the corresponding articles on crimes against property.
6. Financial dependence means that the victim (victim) is fully or partially dependent on the guilty person, living in his living space, etc., on the basis of the law or with voluntary consent.
Other dependence is understood as any other, but not material dependence, subordination, control over work, service, study, family dependence, etc., limiting the freedom of choice, for example, between a boss and a subordinate, between a teacher and a student, between an employee and the applicant, between the accused and the investigator, between the athlete and the coach, etc.
Coercion using material or other dependence to commit acts of a sexual nature specified in the law is recognized as criminal only when the perpetrator threatens the legitimate interests of the victim (victim), for example, demotion, dismissal from service or work, non-payment of wages, due bonuses, deprivation dwellings. If the perpetrator promises the victim (victim) to provide any material benefits, benefits, advantages for agreeing to commit acts of a sexual nature, then such actions are not considered as coercion. The composition of the commented article does not form the mere proposal of the guilty person to commit acts of a sexual nature specified in the law.
7. It does not constitute the composition of the commented article to obtain the consent of the victim (victim) to commit acts of a sexual nature in another way, for example, by promising to provide protection, any assistance, undeserved benefits, by deceit, promises to marry, etc.
8. The crime under consideration is a formal one, it is considered completed from the moment of compulsion to act of a sexual nature, regardless of the consent or refusal of the victim (victim) to commit such acts or their actual implementation.
9. The subjective side is characterized by direct intent.
10. The subject of the crime is a sane person, male or female, who has reached the age of 16 years.
11. Paragraph 18 of Resolution No. 11 of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2004 notes that when deciding on the criminal liability for such a crime of persons who have reached the age of 16, in relation to a person who has not reached the age of 16, one should take into account that the law in this case is aimed at protecting the normal development of both minors, the court must take into account the age of each minor, data characterizing the personality, the severity of the consequences that have occurred and other circumstances of the case.
12. Part 2 of the commented article provides for liability for the same act committed against a minor or a minor. Victims under part 2 may be male or female aged 12 to 18 years. The commission of such actions in relation to a person under the age of 12, according to the note. to be qualified under Art. 131 or Art. 132 of the Criminal Code (see comments to these articles).
On the territory of the Russian Federation, a person who forces another person to have sexual intercourse will be punished to the fullest extent of the law. The Criminal Code contains Article 133 of the Criminal Code of the Russian Federation, which describes the possible corpus delicti and penalties for this atrocity.
To the crimes described in the new edition of Art. 133 of the Criminal Code of the Russian Federation, include:
Such atrocities are punishable by a fine of up to 120 thousand rubles. In various cases, the perpetrator may be sentenced to pay wages or other income for a whole year. Also, a convict may be sent to compulsory, corrective or forced labor for up to one year.
If we are talking about harassment of minors, then according to the above article, the offender is punishable by forced labor for up to five years. Such a person is also deprived of the right to work in certain positions or engage in certain activities for three years. In some cases, these offenders may be imprisoned.
The object of criminal harassment is the sexual freedom of the individual. The atrocity itself consists in forcing a person to intimate relationships, committing any actions with a sexual bias.
Coercion should be understood as a mental influence on a person. The direct purpose of such harassment is to commit acts of a sexual type. In this case, we are talking about encroachments using blackmail or threats to damage, take away or destroy the property of the victim.
The psychological impact on the victim is in several ways:
Such a crime is considered completed at the time the harassment is committed. Note that confirmation of the fact of sexual intercourse is not required for the court to recognize the crime as valid.
From a subjective point of view, the composition of this kind of crimes has a direct intent. The perpetrator is well aware that using the method of blackmail or threats, he will be able to influence the victim. Despite this, the article for harassment describes such atrocities as minor crimes.
Another form of extortionist addiction can be a relationship of control, subordination and accountability of one person to another. In the article on harassment of minors, there is a clause on the dependence of subordinates, students, schoolchildren, children on bosses, teachers, teachers, parents, and the like. According to the law, the use of dependence is recognized as such behavior of a person, due to which the legal rights of the victim are endangered. On the other hand, if the dependent person is trying to obtain any illegal benefits or privileges, then there can be no question of sexual harassment.
Among the atrocities against the sexual freedom of the individual, there is an article that provides for a certain responsibility for compulsion to act of a sexual nature. Article 133 of the Criminal Code of the Russian Federation is quite rare in judicial practice. Therefore, it is not possible to generalize the jurisprudence regarding such an atrocity.
At the moment, there is no well-established investigative and judicial practice on the qualification of this crime. This fact often raises questions from the investigating authorities and the court during the determination of the criminal-legal assessment of such crimes. In practice, the main thing is to prove that the offender, forcing the victim to have sexual intercourse, used:
The criminal law literature also deals with service and other forms of dependence. Service dependence should be understood as the psychological state of the victim as a result of service relations (between the subordinate and the boss). Such dependence may mean that in case of refusal to satisfy the desire of the boss, he can take such actions that will lead to infringement of the legitimate rights and interests of the victims.
It happens that the victim specifically slanders the accused, but in fact entered into sexual intercourse with him of her own free will. In such situations, it is very problematic to determine who is right and who is wrong.
One of the most high-profile cases in recent years was the case in Krasnodar, when a former police officer with an accomplice was accused of raping and murdering a girl under the age of majority. The guilt of the villains was fully proven, and the case was conducted under several articles at once, including 133 Art. Criminal Code of the Russian Federation. Criminals seduced youngsters and forced them to have sexual intercourse. So a 13-year-old girl was raped and killed, for which the criminals received 36 years in prison for two.
The number of crimes related to infringement of sexual freedom is increasing every year. Therefore, such an atrocity is a huge danger to society as a whole.
In practice, criminals, in order to achieve their goal, use the following methods of influencing the victim:
Harassment is nothing more than a mental impact, the purpose of which is to obtain sexual favors against the will of the victim. This may be an inclination to homosexuality, lesbianism or other acts for sexual intercourse. At the same time, such coercion must be of a pronounced nature of demand, harassment.
If the extortionist uses the material, official or other dependence of the victim, and the goal is to induce sexual intercourse, then according to the law, such actions are recognized as criminal only if the perpetrator threatens the legitimate interests of the victim:
It should be noted that criminal harassment using the dependent position of the victim should be distinguished simply by a promise to provide the victim with any privileges, additional benefits, patronage or benefits. In this case, the victim has the right to choose whether to have sexual intercourse or not. There is a big difference between "coerce" and "seduce".
In any case, coercion to perform sexual intercourse against the will of a person - a woman, a man or a minor - is a crime against normal social relations, which imply the sexual freedom of every person. In addition, such a crime infringes on the honor, dignity, reputation of the victim.
Punishment for a simple corpus delicti of such a crime implies a fine of up to 120 thousand rubles or imprisonment for up to 1 year. If the crime is accompanied by other qualifying signs, naturally, the amount of criminal liability increases. For example, if the perpetrator molested a minor, he would be imprisoned for up to five years.
To recognize the commission of a crime, it does not matter whether the victim was forced into a long sexual relationship or a one-time sexual intercourse.
If you have a similar situation and you have become a victim of sexual harassment, you should immediately contact the legal and judicial authorities. If you are being charged under article 133 of the Criminal Code of the Russian Federation, you should contact a qualified lawyer without delay. The wide knowledge of a specialist in the field of criminal and criminal procedure law will allow you to create a competent and effective defense in order to defend the legitimate interests and rights of the accused during the trial.
New edition Art. 133 of the Criminal Code of the Russian Federation
1. Forcing a person to have sexual intercourse, sodomy, lesbianism, or other acts of a sexual nature by means of blackmail, threats to destroy, damage, or confiscate property, or by using the material or other dependence of the victim (victim) -
shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by compulsory labor for a term of up to one year. year, or imprisonment for the same term.
2. The same act committed in respect of a minor (minor), -
shall be punishable by compulsory labor for a term up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years or without it, or imprisonment for a term up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, or without one.
1. The object of criminal encroachment is the sexual freedom of a person, his honor and dignity (see comments to Articles 131, 132). Victims can be either female or male.
2. The objective side is expressed in compelling a person to have sexual intercourse, sodomy, lesbianism, or to commit other acts of a sexual nature.
2.1. Coercion is a mental impact on a person in order to obtain consent to a single sexual intercourse or cohabitation, as well as to the commission of other acts of a sexual nature. Coercion takes place regardless of whether the guilty person acts in his own interests or in the interests of another person (relative, acquaintance, boss).
3. In contrast to the acts provided for in Art. 131, 132, the perpetrator achieves what he wants not through violence, the threat of its use, using the helpless state of the victim (victim), but by blackmail, the threat of destruction, damage or seizure of property or using material or other dependence.
4. Blackmail as a way of committing this crime is a requirement to commit the actions specified in the disposition of the article under the threat of disclosing any information. The nature of the information does not matter: it may be disgraceful or not, correspond to reality or be fiction, relate personally to the victim (victim) or her (his) relatives. It is important that the victim (victim) seeks to keep this information secret, and the threat of disclosure is used by the perpetrator in order to force her (him) to have sexual intercourse, sodomy, lesbianism, or to commit other acts of a sexual nature.
In the event that information about the victim (victim) or her (his) relatives of a knowingly slanderous or offensive nature is disclosed, as well as information about the private life of a person constituting his personal or family secret, the deed, in the presence of all necessary conditions, is additionally qualified under Art. . 129, 130, 137.
5. The threat of destruction, damage or seizure of property is the next way to force a person to have sexual intercourse, sodomy, lesbianism, or to commit other acts of a sexual nature. It does not matter - the destruction, damage or seizure of what property (his or someone else's, movable or immovable) is threatened by the guilty person, as well as the method of such destruction, damage or seizure. It is important that this property represents a certain value for the victim (victim).
5.1. In case of destruction or damage to property (implementation of a threat), the actions of the perpetrator, if there are grounds for this, are additionally qualified under Art. 167. When seizing property, the deed, depending on the method of seizure, requires additional qualification under the article on crimes against property.
6. In order to achieve a criminal goal, the guilty person may take advantage of the material or other dependence of the victim (victim).
6.1. Material dependence means that the victim (victim) is dependent on the guilty person, lives in his living space, without having his own, is his debtor, heir, etc.
6.2. Another dependence means that the victim (victim) is in any other, for example official, dependence on the perpetrator. Service dependence is associated with the subordination of the victim (victim) to the guilty person in the service. In addition to official dependence, another dependence may arise during guardianship, guardianship, etc.
6.3. In order to bring the perpetrator to the UO, it is important to establish that he used material or other dependence, and such dependence was significant. If the victim (victim) is financially or otherwise dependent on the person, but coercion is not based on such dependence, in particular, there are no threats of infringement of legitimate interests, then the corpus delicti under Art. 133 is missing. This kind of coercion cannot be understood as the provision of any material or other benefits, as well as a promise to provide these benefits in the future.
7. The corpus delicti is formal. The crime is over (composition) at the moment of compulsion. The actual entry into sexual intercourse, the commission of other acts of a sexual nature is not required to recognize the crime as completed.
8. The subjective side of the corpus delicti is characterized by direct intent. The guilty person is aware that by blackmail, threat of destruction, damage or seizure of property, or using material or other dependence, compels another person to have sexual intercourse, sodomy, lesbianism or other acts of a sexual nature, and desires this.
9. The subject of a criminal encroachment may be a physical sane person, both male and female, who has reached the age of 16.
10. Acts belong to the category of minor crimes.
1. A person of any gender may act as a victim and a subject. Unlike violent sexual crimes, sexual freedom during the commission of the act in question is not eliminated, although it is constrained to a large extent by the fact of coercion.
2. The objective side of the crime is characterized by action - forcing the victim to have sexual intercourse, sodomy, lesbianism and other acts of a sexual nature. Coercion is a non-violent influence on the will of another person in order to obtain his consent to sexual intimacy.
3. Such influence becomes criminally punishable provided that it is committed using the following methods, the list of which is given in the law in an exhaustive way: a) blackmail, i.e. the threat of dissemination of compromising information, regardless of whether they correspond to reality; b) a threat of destruction, damage or seizure of property not only belonging to the victim or his relatives, but also entrusted to these persons, including that belonging to the guilty person himself; c) the use of material or other dependence of the victim. Material dependence is evident in cases where the perpetrator provides the victim with a livelihood in full or to a large extent (for example, the dependence of a stepdaughter on a stepfather). Another dependence is the relationship of control, subordination and accountability of some persons to others, in particular, the dependence of a subordinate or student on the boss and teacher, respectively. According to the meaning of the law, only such behavior of a person that endangers the legitimate rights and interests of the victim can be recognized as the use of dependence. In the event that a dependent person seeks to obtain any illegal or unreasonable benefits and privileges, it is not necessary to talk about forcing him to act of a sexual nature.
