ON STRENGTHENING CRIMINAL LIABILITY FOR SEXUAL CRIMES COMMITTED BY CLOSE VICTIMS

Abstract

The article is devoted to the study of the question of the possibility of the influence of the nature of therelationship between the perpetrator and the victim on the differentiation of criminal liability for sexualcrimes. With references to foreign experience, it is proved that the commission of such crimes by personswho are in a relationship with the victims, involving trust, recognition of authority, security assurance, is afactor that significantly increases the degree of public danger of these crimes. It is proposed to supplementarticles 131, 132, 134 and 135 of the Criminal Code of the Russian Federation with such a qualifyingcircumstance as their commission by a person who is close to the victim, or lives together with the victim,or who is responsible for treatment, education or training. The substantiation of the differences betweenthe wording proposed for the Russian Criminal Code of the Russian Federation and those used by foreignlegislators is given. In each of the elements of crimes, the place of this qualifying feature is determined. It isproved that taking into account in such cases only the aggravating circumstance in the Criminal Code of theRussian Federation will not ensure an increase in liability to the required level.