Lobanova L.V., Larionova L.N. Content of Qualifying Sign “Other Serious Consequences of Rape” in Interpretation of the Plenum of the Supreme Court of the Russian Federation
Lyubov Valentinovna Lobanova
Doctor of Juridical Sciences, Professor, Head of Department of Criminal Law,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Larisa Nikolaevna Larionova
Candidate of Juridical Sciences, Associate Professor, Department of Criminal Law,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article analyzes the contents of paragraph 13 of Resolution of the Plenum of the Supreme Court of December 4, 2014 “On judicial practice in cases of crimes against sexual inviolability and sexual freedom”. The authors point excessive laconic wording of the relevant explanations and some of its other disadvantages that impede understanding of the meaning of the criminal law by enforcer. A new edition of the recommendations is addressed to the judges:
“Under the rape (or violent sexual actions) which has entailed grave consequences, referred to paragraph “b” part 3 of Art. 131 and paragraph “b” part 3 of Art. 132 of the Criminal Code, should, as a rule, be understood such crimes covered by these Articles that led to the aggravation of pre-existing mental disorder or other severe diseases of the victim or his (her) family, directly presents during the commission of a crime, as well as compelled the people to commit, in order to prevent the sexual abuse, acts that endanger their lives or the occurrence of serious harm to health (for example, the victim’s suicide (his relatives’), attempt to commit the act, undertaken with risk to life or fraught with injury action to save from violence, etc.).
For other serious consequences of these crimes, non-health disorder, negative changes can also be categorized, that are in causal connection with these assaults, with the provision that such consequences indicate the significant violations in the intimate sphere of life of the victim (persistent unwillingness of intimate relationships, rejection of traditional sexual orientation, etc.)”.
Key words: qualifying sign, rape, other serious consequences, death of the victim, suicide attempt, pregnancy of the victim.
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