Discussable interpritation and qualification aspects of the other actions of a sexual nature (Art. 132 of the Criminal code)
The article analyzes the discussable aspects of the interpretation and qualification of other actions of a sexual nature as a sign of a crime under Art. 132 of the Criminal Code. The authors come to the conclusion that, the criminal law means, when assessed under Art. 132 of the Criminal Code of the Russian Federation of acts of a sexual nature that are not related to penetration (oral, anal, etc.), it is necessary to establish a motive to satisfy the sexual needs of the guilty or the victim (for example, if there is a violent feeling of the victim’s chest). In addition, the inadmissibility of an overly broad interpretation of the sign “other actions of a sexual nature” is proved. In particular, the perpetrators actions related to the requirement for the victim to undress (expose the chest, genitals, buttocks), and subsequent photographing of the exposed parts of the victim’s body, according to the authors, do not constitute a crime under Article. 132 of the Criminal Code, if there is no motive to satisfy sexual passion. In general, the article concludes that the establishment in the qualification process of the sign “other actions of a sexual nature” largely depends on the object of the abuse, as well as the goals and motives of the guilty person.