"Childhood" - how much joy this word carries in itself! It is during this period that a person can carelessly enjoy life, explore the world, but, sometimes, unfortunately, not from his best side. Pedophiles with their unhealthy psyche increasingly began to spoil the lives of children.
If only some twenty years ago it was possible not to be afraid that a neighbor on the landing loves to play with your child, then today this becomes an occasion for bad thoughts. Girls and boys of all ages are subjected to violence every year by adults, who are not afraid of the pedophilia article.
What does the letter of the law say
Undoubtedly, sex with children is prohibited by law. The responsibility for them lies in the field of criminal law, it will determine the punishment for such a terrible crime as pedophilia. Article of the Criminal Code of the Russian Federation 134 shares the degree of severity by age, namely:
- Sexual contacts with persons under the age of sixteen but who have reached the age of fourteen.
- Sexual contact with people between the ages of twelve and fourteen.
The first category is considered less severe and does not necessarily entail serving in prison. In particular, compulsory labor, restriction of liberty for a term of four years (during which time a person must be registered with the precinct officer, closely monitored and restricted freedom of movement), or imprisonment for the same term may be a punishment.
This can be said softness of punishment, due to the fact that today sexual development in adolescents begins earlier than the specified age, and in many cases adolescents themselves agree to have sex. In this case, this cannot be considered rape. But on the other hand, the psychological constitution of the child by these years has not yet been properly formed, and therefore he cannot adequately weigh all his decisions. That is why adults do not have the right to reciprocate the desire of adolescents to have sex.
In the case of the second category, the offender is only provided with imprisonment for a crime called pedophilia. Article of the Russian Federation 134 provides for punishment in the form of imprisonment in places of deprivation of liberty for a period of 3 to 10 years.
At what age does responsibility come
Persons over the age of eighteen are brought to punishment for a crime. However, it is possible to avoid it. The article for pedophilia establishes that if there is a small age difference between the offender and the minor, namely, not more than four years, he can be exempted from criminal liability.
For example, if a girl at the age of fifteen meets a young man of nineteen, and there is a sexual relationship between them, then she is not considered pedophilia. In order to establish the fact of its presence, the difference in age plays an important role.
Pedophilia article of the Criminal Code 131 and 132
Sexual offenses against persons under the age of twelve are most severely considered. When it comes to them sexual integrity article 134 is not qualified, but more severe - for rape and for violent acts of a sexual nature.
Young children are not able to understand what is happening to them, and even more so to reveal their adequate consent or disagreement in this regard.Therefore, even if the child agrees to some kind of sexual activity with an adult, this offense will in any case be considered violence against him. The article for pedophilia in this case provides for imprisonment for a term of 12 to 20 years.
Aggravating circumstances
The legislation also defines a circle of circumstances in the presence of which the punishment is toughened. These include:
- Lesbianism or sodomy. In other words, if the violence is committed by a person of the same sex as the child, this is even more severe pedophilia. Which article will be applied depends on the age of the child and whether it was violence or mutual desire.
- Violence against two or more persons, as well as sexual intercourse with several minors. In this case, not every case is considered separately, but all in the aggregate.
- Sexual contact with minors committed by several persons. This can be group intercourse or intercourse with minors by a certain group of people.
- Early involvement under articles for violation of the sexual integrity of minors is dismissed as a relapse and entails a toughening of responsibility.
Marriage
Article for pedophilia 134 has a special note, according to which a person is not punished when entering into a legal marriage with a minor. However, this applies only to those minors who have already reached the age of fourteen. And this is due to the fact that family law and legislative acts of the constituent entities of the Russian Federation do not provide for reducing the age of marriage below this level.
