RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 15, 2004 No. 11

About court practice on cases on the crimes provided by articles 131 and 132 of the Criminal Code of the Russian Federation

According to the Constitution of the Russian Federation protection of its rights and freedoms, including the right to sexual freedom and sexual integrity is guaranteed to each man and citizen. For the purpose of ensuring protection of citizens against criminal encroachments, and also in connection with the questions which arose in court practice on cases on rape and on making of violent acts of sexual nature, the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. Explain to courts that as sexual connection it is necessary to understand making of sexual intercourse between the man and the woman, as sodomy sexual contacts between men, as lesbianism - sexual contacts between women. It is necessary to understand satisfaction of sexual requirement with other methods as other actions of sexual nature, including compulsion by the man's woman to making of sexual intercourse by use of violence or threat of its application.

2. Draw the attention of courts to need to find out on each case on rape (article 131 Criminal Code of the Russian Federation) and violent acts of sexual nature (article 132 Criminal Code of the Russian Federation) whether there were violence or threat of its application against the injured person (the victim or the victim) or other persons and also in what violence or threat of its application were specifically expressed.

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