RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of May 30, 2008 No. 5

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

Generalization of court practice on cases on crimes against sexual freedom and sexual integrity of person demonstrates that by hearing of cases of this category courts generally correctly apply the current legislation, however still take place and shortcomings.

For the purpose of identical and correct application by courts of the legislation on responsibility for crimes against sexual freedom and sexual integrity of person, prevention of emergence of miscarriages of justice by consideration of such cases the Plenum of the Supreme Court of Ukraine DECIDES to make to courts such explanations:

1. On contents of article 152 of the Criminal code of Ukraine (further UK) should understand natural sexual connections between persons of different floor as rape contrary to or with ignoring of will of injured person using physical abuse, threat of its application or with use of helpless condition of injured person.

The list of wrongful acts which the rape fact makes a reservation is exhaustive. Therefore actions of person who tried to obtain the consent of person of opposite sex on sexual the intercourse in a different way, for example, by persistent offers to enter sexual connections or by deception or confidence abuse (declaration of love, obviously inveracious promise to get married, pay for sexual service and so forth) cannot be qualified under article 152 UK.

Person both women's, and male, irrespective of his behavior before crime execution, method of life, the previous relations with the subject of crime, in particular stay with it in the registered scrap, accommodation by one family and so forth can be injured person from rape.

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