The Joint Use of Peculiarities of Such Elements as the “Use of Violence” and “Abuse of Helpless Condition of the Victim” When Qualifying the Acts Provided for under Articles 131 and 132 of the Criminal Code of the Russian Federation

Abstract

The authors examine peculiarities of interpretation of the concepts of the “use of violence” and “abuse of helpless state of the victim” as alternative constructive elements of a rape and sexual violence envisaged by law. The article examines the possibility of simultaneous imputation of the above-mentioned characteristics when classifying a uniform (single) violent sexual assault. To this end, the authors are analyzing the ways proposed by the theory of law to resolve this problem, studying certain provisions of the acts of the Supreme and Constitutional Courts of the Russian Federation, judgments and other instruments of the courts of general jurisdiction. As a result of the conducted research the authors justify the necessity of joint imputation of elements of the “use of violence” and “abuse of helpless condition of the injured person” in case of their presence in acts of the guilty person who has committed the crime under Art. 131 or 132 of the Criminal Code of the Russian Federation. In addition, it is concluded that the joint use of these elements in the necessary situations provides a more accurate assessment of the violent sexual crime, which, in turn, affects the imposition of a fair punishment.