Subjective Features of Sexual Abuse

Abstract

The article is devoted to the features of the subjective side and the crime committer under Article 135 of the Criminal Code of the Russian Federation. Based on the doctrinal provisions of the criminal legal science and case materials the author concludes that sexual abuse can appear only with direct intention. The article also considers the issue of motive and purpose in the criminal elements of sexual abuse. The work justifies the position that the offence provided for in Article 135 of the Criminal Code of the Russian Federation committed in the contact form does necessarily have any motive and purpose. At the same time, committing non-contact abuse is intended to satisfy the sexual needs (of the perpetrator, the victim or a third party) or arousal of interest in sexual actions in injured. These purposes are alternative, so it is enough to have one of them to classify the act under Article 135 of the Criminal Code of the Russian Federation. In addition, when analyzing the features of the criminal the definition of pedophilia is addressed. It is found that in Russia, the diagnosis of pedophilia is determined in accordance with the letter of the Ministry of Health and Social Development of the Russian Federation and Federal State Budgetary Institution "The National Medical Research Center of Psychiatry and Narcology after V.P. Serbskiy". It states that pedophilia takes place in the case of permanent or overwhelming desire of sexual activity with a prepubescent or early pubertal age child. A mandatory criterion is the presence of the five-year difference in age with the child.