Crime of Sexual Nature

The Plenum of the Supreme Court in cases of rape released unexpected decree that knowingly false promise of marriage is not a compulsion to sexual intercourse.

"They cannot be regarded as coercion to perform sexual acts ,or other crimes against sexual inviolability and sexual freedom of the individual actions of the person in bringing the consent of the victim to have sexual intercourse or acts of a sexual nature by fraud or breach of trust. For example, deliberately false promises of a woman to engage her in marriage, etc.- says the decision of the plenum.

The document also states that the compulsion to copulate are still blackmail, threat of destruction, damage or seizure of property or the use of material or other dependence.

In a conversation with well-known lawyer Leonid Olshansky expressed the opinion that such a decision is fair.

"This is the right decision. And, of course, is to untie the hands of criminals can not. Let's just be clear: therapist - is someone who wrings his hands, tearing the dress, pulling into the bushes. Or hit on the head and then dragged into the bushes

This is a huge divide between courtship and crime - says the lawyer. - The article Rape of the Criminal Code states that a crime - it is direct or violence, or if the offender took advantage of the helpless state of the victim.

And if someone says: Mary, I'll marry you. Come soon undressed! - It is a trick, not violence.

Agrees with his colleague and member of the Public Chamber Anatoly coachman. At the same time, he believes that such things should be considered carefully.

"Just note: Plenum of the Supreme Court - is not the norm, and clarification of the application. I think this is the right decision. However, in the investigation of this category of crime, according to the Russian legislation, the bodies of the preliminary investigation and the court must evaluate all collected together on the case evidence. This evidence, including the victim - said the coachman. - If the actions of a violent nature were committed and the victim filed a complaint about the rape to the police, they and preliminary investigation bodies are required to verify this information. And the investigation should determine whether these facts or they are refuted. And who said what - also need to find out by examining.

This opinion is shared portal leading expert on domestic violence willow branch Andrei Sarychev. I think it's quite fair. After all, it is still a question of crimes against sexual inviolability and sexual freedom of the individual.

And verbal wish the victim or the victim of any goods still can not form part of this serious crime, - said Sarychev.

It should be noted that while the plenum decided that

A helpless state of the victim is considered alcohol or drugs, but only if the victim could not offer resistance, not knowing what was happening to her.

In evaluating the circumstances of the rape and committing sexual assault against the victim of a person who is intoxicated, the courts must proceed from the fact that helpless state in these cases may be recognized only this degree of intoxication with alcohol, drugs or other intoxicants (psychoactive) substances which deprive a person opportunity to understand the nature and significance of committed him to resist any action the guilty party,- said in the Supreme Court.

It is worth noting that this fragment decisions can probably be used at the trial of the scandalous case of Anna Shatova - 16-year-old girl who was gang raped in September this year in Novosibirsk. During the party Shatova (accepted, according to witnesses, psychoactive substances) was unconscious, you can use the six young people present there. The incident caused a heated debate in social networks. In particular, we discuss how different from the violent rape of a situation in which a person has no resistance and is in a helpless state.

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