NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of February 26, 2026 No. 1

About some questions of court practice on cases on criminal offenses against sexual integrity and sexual human freedom

For the purpose of the correct application of the legislation on criminal liability for offenses against sexual integrity and sexual human freedom, forming of uniform court practice, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations:

1. It is necessary to understand sexual connection in natural form with female person as rape against or in spite of herself, made using violence or with threat of its application to the victim or other persons, or with use of helpless condition of the victim.

The actions made under the same circumstances for the purpose of satisfaction of sexual passion in unnatural form concerning persons women's or male (sodomy, lesbianism and other actions of sexual nature) should be considered violent acts of sexual nature.

Other actions of sexual nature can be expressed in imitation of sexual connection, compulsion of other person to make the act of sexual nature with the third party, in exposure of the juvenile victim (victim) with touches to her (his) genitals, etc.

2. For qualification of criminal offenses against sexual integrity and sexual human freedom the moral appearance, the social status, behavior of the victim (victim), the previous relations of the perpetrator and injured (victim), the stay fact in marriage or the actual cohabitation do not matter.

3. It is necessary to understand making of the actions directed to overcoming resistance of the victim (victim) with causing physical pain as violence or with restriction of freedom, for example, striking blows, squeezing of airways, keeping of hands, legs, breaking of clothes, deduction in limited space (the room, compartment of the train, interior of the car), etc. Violence can be applied not only to the victim (victim), but also to other persons.

It is necessary to understand relatives of the injured person, and also other persons to whom the perpetrator for the purpose of overcoming resistance of the victim (victim) applies violence or expresses threat of its application as other persons.

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