Criminal responsibility for crimes of a sexual nature

In the conditions of a full-scale Russian-Ukrainian war, sexual violence became a particularly common phenomenon. That is why Ukrainian legislation established special responsibility for violent acts committed in wartime conditions. In particular, from the standpoint of modern criminal legislation, the commission of a crime in extraordinary circumstances is considered an aggravating circumstance. In this article, our experts will talk in more detail about criminal liability for crimes of a sexual nature. We should also note that if you need the help of a lawyer, specialists Prykhodko and Partners will help you with this.

Peculiarities of responsibility for crimes of a sexual nature committed during the war

The introduction of martial law pursued the following goal: the protection of the territorial integrity of Ukraine. That is why the introduction of martial law affects the determination of the maximum amount of punishment under this or that article.

Among the main crimes defined by the Criminal Code of Ukraine as crimes related to sexual violence, the following should be noted:

• Rape

The article that regulates responsibility for committing this crime is Article 152 of the Criminal Code of Ukraine. We are talking about any kind of forced sex.

Liability under this article: deprivation of liberty for a term of 3 to 5 years. In the case of repeated criminal acts - deprivation of liberty for a term of up to 10 years. If the rape was committed by a group of persons with a prior conspiracy, the term of punishment is increased to 12 years. In the case of rape of a person under the age of 14, the term of imprisonment is up to 15 years.

• Sexual violence

We are talking about Article 153 of the Criminal Code of Ukraine. At the heart of criminal acts is an attempt at intimate rapprochement, which is against the person's will.

Liability under this article: imprisonment for up to 5 years. For repeated offenses - up to 7 years.

• Compulsion to engage in sexual relations

This crime is regulated by Article 154 of the Criminal Code of Ukraine. Coercion to sex can occur with the help of material/job dependence, threats, etc.

The key condition for incurring criminal liability for crimes of a sexual nature is the absence of the victim's voluntary consent.

Liability under this article: fines up to 50 NMDH, arrest for up to 6 months.

In addition, we note that the commission of acts of a sexual nature in wartime is part of international crimes, namely: war crimes, genocide, crimes against humanity, in particular, related to the violation of human rights.

Thus, any sexual violence is a war crime, a violation of the customs and laws of war. Responsibility for such crimes is assigned in accordance with the results of the proceedings at the International Court of Justice, created by the national court of Ukraine or by tribunals.

Help of professional lawyers

Recently, a draft law was even prepared on determining the legal status of victims of violent acts related to Russia's military aggression against our state. In this context, we note that it is very important to report facts of sexual violence.

Specialists of our Prykhodko and Partners law office are ready to provide you with all the necessary legal assistance in cases related to sexual violence.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of legal services in cases related to sexual crimes, fill out the form below.