VOYEURISM: CRIMINAL AND CRIMINOLOGICAL ASPECTS

S. Sheveleva, I. Teneneva
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Abstract

One of the types of paraphilia is voyeurism, i.e., secretly spying on the intimate actions of other people. From the point of view of medicine, voyeurism is recognized as a disorder of sexual preference, in art it has found expression in the paintings of famous masters, but from the point of view of morality it remains in the plane of religiously conditioned prohibitions, and psychologists say that the considered form of sexual behavior is dangerous not only for the psyche of the actor, but also for the victim. Within the framework of the presented research, the authors offer an analysis of the legal reaction of foreign countries to this form of sexual deviation, consider the types of punishments, and also present a criminological portrait of voyeurism. In the legal systems of foreign countries (Great Britain, Belgium, Singapore), voyeurism is recognized as a sexual crime; in the United States, Germany, New Zealand, and some states of Australia, the act in question is recognized as a crime that violates the «right to privacy». Separate statistical data on the specified acts in separate countries (where such counting is conducted) are presented, the reasons of growth of such encroachments and ways of their implementation are defined. In Russia, such acts receive a criminal-legal assessment on the grounds of Article 137 of the Criminal Code of the Russian Federation, which should be considered as a «legislative compromise», since in the actions of a voyeur, the main motive is sexual, and violation of privacy is not the goal. Some statistical data indicate an increase in such attacks in the world, but in Russia, the paraphilia in question is mainly the subject of research by psychologists, sexologists, and journalists. No serious criminological or criminal law studies were conducted. The presented research is the first attempt to study this phenomenon in the legal aspect, suggesting the beginning of a scientific discussion. It is concluded that in the conditions of digitalization of society, voyeurism as a form of sexual deviation will continue to develop, so it is necessary to adopt a set of legal measures aimed at protecting the rights of victims.
偷窥:犯罪和犯罪学方面
其中一种异性恋是偷窥癖,也就是说,偷偷地窥探他人的亲密行为。从医学的角度来看,偷窥癖被认为是一种性偏好的紊乱,在艺术上,它在著名大师的画作中得到了表现,但从道德的角度来看,它仍然处于宗教限制的禁止范围内,心理学家说,被认为的性行为形式不仅对演员的精神有害,而且对受害者也有害。在本研究的框架内,作者分析了国外对这种形式的性偏差的法律反应,考虑了惩罚的类型,并呈现了窥阴癖的犯罪学肖像。在外国(英国、比利时、新加坡)的法律体系中,偷窥被认定为一种性犯罪;在美国、德国、新西兰和澳大利亚的一些州,这种行为被认为是侵犯“隐私权”的犯罪行为。提出了在不同国家(进行此类统计的国家)的特定行为的单独统计数据,并确定了此类侵犯行为增长的原因及其实施方式。在俄罗斯,这种行为根据俄罗斯联邦刑法第137条受到刑事法律评估,这应被视为“立法妥协”,因为在偷窥者的行为中,主要动机是性,而侵犯隐私不是目的。一些统计数据表明,这类攻击在世界范围内有所增加,但在俄罗斯,有问题的性倒癖主要是心理学家、性学家和记者研究的主题。没有进行严肃的犯罪学或刑法研究。本研究首次尝试从法律角度研究这一现象,标志着科学讨论的开始。结论认为,在社会数字化条件下,偷窥作为一种性偏差形式将继续发展,因此有必要采取一套旨在保护受害者权利的法律措施。
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