The mental element of sexual intercourse and other sexual acts with a person under the age of sixteen
The detailed criminal law characteristic of the mental element of crimes punishable under Article 134 of the RF Criminal Code (mens rea, motive, intent) is given. The basic scientists' views regarding the form of guilt and its specific type are considered. On the basis of criminal legislation and judicial practice the direct intent as the only possible form of guilt in this corpus delicti is substantiated. Controversial issue concerning the lack of element of deliberate intent in the analyzed article's construction is considered. It's proved that there's no need to return this element, since the legislative principle of guilt doesn't allow the possibility of its imputation. So, if the person who committed sexual intercourse, sodomy or lesbianism with a teenager under the age of sixteen was not aware of his (her) age (didn't know and had no sufficient grounds to assume), the person shall not be criminally responsible by reason of bona fide ignorance about social danger of his (her) actions (actual error in the object of assault). Examples from judicial practice are provided. The motives and intent of the specified act are considered in detail. The author refers to the criminal law theory and law enforcement practice incidents in justifying the conclusions about the different character of these elements, that excludes their determinative character in the mental element of crime. Attempts to determine the motive and intent of the analyzed crime are connected with characteristic features of sexual acts, which, although satisfy sexual needs, don't determine the motive and intent of this crime.