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

of December 4, 2014 No. 16

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

Due to the questions arising at courts in case of application of regulations of Chapter 18 of the Criminal Code of the Russian Federation and also for the purpose of forming of uniform court practice the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:

1. Draw the attention of courts that sexual connection, sodomy, lesbianism and other actions of sexual nature concerning the injured person (the victim or the victim) who are made contrary to its will and consent and using violence or with threat of its application to the injured person or to other persons or with use of helpless condition of the injured person belong to the crimes provided by articles 131 and 132 Criminal Code of the Russian Federation. At the same time the 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.

2. In articles 131 and 132 Criminal Code of the Russian Federation it is necessary to understand violence, both dangerous, and harmless to life or health, as violence, including beating or making of other violent acts connected with causing to the injured person of physical pain or with restriction of its freedom.

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