RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of October 17, 2024 No. 26

About court practice on cases on crimes against sexual integrity and sexual freedom

For the purpose of the correct application by courts of the legislation on responsibility for crimes against sexual integrity and sexual freedom, forming of uniform court practice and prevention of emergence of miscarriages of justice by hearing of cases of this category Plenum of the Supreme Court of the Kyrgyz Republic, being guided by articles 18 and 19 of the constitutional Law "About the Supreme Court of the Kyrgyz Republic and Local Courts" of November 15, 2021 No. 134, decides to make to courts the following explanations:

1. Draw the attention of courts that to the crimes provided by Articles 154, 155 Criminal codes of the Kyrgyz Republic (further - UK KR), sexual connection, sodomy, lesbianism or other actions of sexual nature in the perverted form which are made against will and without the consent of the victim (victim), way by use of violence or threats of its application to the victim (victim) or to other persons, or with use of helpless condition of the victim (victim) belong.

Compulsion of person to sexual connection, sodomy, lesbianism or making of other actions of sexual nature by blackmail or with use of material or other dependence of the victim (victim) forms actus reus, the stipulated in Article 156 UK KR.

Motive of making of the specified crimes (satisfaction of sexual requirement, revenge; national or religious hatred, desire to degrade the injured person, etc.) for qualification of deeds does not matter.

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