PROBLEMS IN ASSESSING THE COERCION OF A MINOR TO ACTS OF A SEXUAL NATURE

Abstract

The criminal-legal protection of sexual freedom and sexual inviolability of the person is not consistent and complete. The only sexual crime that is not related to the actual violation of sexual relations is coercion to actions of a sexual nature. However, in law enforcement practice, it is not uncommon to see coercion of a sexual nature that involves the actual performance of sexual acts with the victim. Such situations, on the one hand, fall outside the scope of coercion, and, on the other hand, do not constitute another crime. In this connection, in the doctrine of criminal law, the position on the need to further qualify the resulting coercion of a person under the age of 16 years under Article 134 and Article 135 of the Criminal Code of the RF is widely accepted. The article argues against such approach and proposes to provide the necessary prohibition by means of differentiation of criminal responsibility within the framework of art. 133 of the Criminal Code of the RF.