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Ershov N.A. The Social Determinacy of Establishing Criminal Liability for Sexual Crimes Against Persons Under the Age of 16

DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.12

Nikolay A. Ershov, Postgraduate Student, Department of Criminal Law and Procedure, Pushkin Leningrad State University, Peterburgskoe Shosse, 10a, 196605 Pushkin, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-1358-9259


 

Introduction: modern criminal legislation presupposes criminal prosecution for sexual intercourse between an adult and a minor child between the ages of 12 and 16, even in situations of explicit consent by the injured party. Liability is established by Article 134 of the Criminal Code of the Russian Federation. According to official statistics, over the past 10 years there has been a steady increase in the number of such criminal assaults, which is why there is a need to identify the causes contributing to both the development of the criminal law prohibition itself and the increase in crime in the form of nonviolent sexual acts with children. Purpose: to study social determinants in order to identify the main factors influencing the development of criminal liability for adults entering into intimate relationships with adolescents. Methods: the general and specific scientific methods of inquiry: (deduction-induction, analysis-synthesis), the statistical analysis method, the systematic approach. Results: based on the results of the study, the author concludes that the social determinacy of the establishment and development of criminal liability for sexual intercourse between an adult (18 years or older) and a person below the “age of consent” is characterized by both international acts ratified within the territory of the Russian Federation and a number of other reasons, among which is the imperfection of note 1 to Art. 134 of the Russian Federation, radically different perception of homosexual relations, including with teenagers, changes in the relationship between people.

Key words: sexual intercourse with minors, protection of children’s rights, sexual integrity, protection of the rights of adolescents, criminal liability of adults, sexual crimes, “age of consent”.

Citation. Ershov N.A. The Social Determinacy of Establishing Criminal Liability for Sexual Crimes Against Persons Under the Age of 16. Legal Concept = Pravovaya paradigma, 2025, vol. 24, no. 3, pp. 105-112. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.12

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