COERCION TO SEXUAL ACTS: CURRENT ISSUES OF THE EFFECTIVENESS OF THE LEGAL NORM

Safonov V. N., Kondakova U. D.

the article attempts to analyze the composition of coercion to sexual acts (Article 133 of the Criminal Code of the Russian Federation) in terms of its completeness and ensuring the principles of criminalization of acts, differentiation of criminal responsibility and individualization of punishment. The authors conclude that the legal norm in question is incomplete and inconsistent with the fundamental provisions of criminal law. The gap is related to the lack of differentiation of responsibility in the norm, depending on: successful or failed coercion, the lack of qualified types of acts committed against adult victims, which became apparent after the addition of the Code by Federal Law No. 38-FZ of 03/06/2022, part 3 of Article 133 of the Criminal Code of the Russian Federation by qualified structures that limit the protection of the rights of adult victims. Noting another gap – the lack of regulation of coercion to sexual acts against minors under the age of 12, the authors propose its technical and legal solution. The article considers qualification problems related to understanding the violent nature of coercion to sexual acts and their relationship to nonviolent sexual crimes. Specific technical and legal measures are proposed to optimize the criminal protection of the sexual integrity of minors and minor victims by significantly reconstructing both the composition of coercion to sexual acts and sanctions.

Keywords:coercion, sexual acts, rape, violent acts of a sexual nature