Rape involving the Commission of other Grave or Extremely Grievous Crimes against the Person: Classification Issues

Abstract

author analyzes the problematic issues of the classification of the body of the crime provided for in paragraph «b« of part 5 of Article 131 of the Criminal Code of the Russian Federation. The validity of the stipulated elements, the peculiarities of their interpretation and application (the age criteria of the victim, the orientation of the related criminal act, the category of its severity, excluding factors) are considered. The content of the category of «conjugacy», its relation to the totality of crimes is investigated. The author examines the problems of distinguishing the concepts of «other grave consequences» and «related acts» in the context under study. The analysis of the problem of interpretation of the substantive aspects included in the objective side of rape and related crimes is presented. The etymological, theoretical, legal and practical aspects of the classification of rape associated with other grave/extremely greivous crimes against the person are considered. The correlation of the analyzed composition of violent sexual crime with classified types of suicide, HIV infection, torture, human trafficking, kidnapping / illegal imprisonment has been studied. Based on the generalization of the opinions of researchers, materials of judicial practice, the position of the Supreme Court of the Russian Federation, taking into account the analysis of the rules for the classification of criminal acts and the requirements of the principles of criminal law, the author presents some recommendations for leveling/minimizing the identified problems.