Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Lawyer for violent crimes – Lawyer under Article 153 of the Criminal Code of Ukraine (sexual violence)
The concept of violent crimes under Article 153 of the Criminal Code of Ukraine is somewhat conditional, since each act containing the elements of a criminal offence is separately classified under criminal law. At the same time, violent crimes include criminal acts characterized by common features. In particular, violent crimes include acts that infringe upon a person’s physical or mental health or life, as well as threats of such infringement.
A violent crimes lawyer from «Prikhodko & Partners» provides legal assistance to persons suspected of committing a criminal offence and to victims in criminal proceedings.
What Does Article 153 of the Criminal Code of Ukraine Provide?
The legislator defines the commission of any violent acts of a sexual nature without the voluntary consent of the victim, which do not constitute rape, as sexual violence.
According to the provisions of the article: “The commission of any violent acts of a sexual nature not involving penetration into the body of another person, without the voluntary consent of the victim, entails criminal liability.”
The presence or absence of voluntary consent is one of the key issues during the investigation.
What Is Considered Sexual Violence?
Sexual violence includes intentional acts of a sexual nature committed through the use of physical violence, threats, psychological coercion, or exploitation of the victim’s helpless condition.
During criminal proceedings, investigators analyze:
- the circumstances of the incident;
- the nature of bodily injuries;
- the results of forensic medical examinations;
- correspondence, video recordings, and other electronic evidence;
- witness statements;
- the psychological condition of the victim.
Even minor inconsistencies in the evidence may significantly affect the final legal assessment of a person’s actions.
What Actions Fall Under Article 153 of the Criminal Code of Ukraine?
The classification of an act as sexual violence requires the establishment of the following legally significant circumstances:
| Element | Description |
| Nature of the actions | Violent acts of a sexual nature without penetration |
| Mandatory condition | Absence of the victim’s voluntary consent |
| Possible methods of commission | Physical violence, threats, psychological coercion, or exploitation of a helpless condition |
| Factors relevant to legal classification | Circumstances of the incident, evidence, expert examinations, and witness statements |
Each criminal proceeding is assessed individually. The investigator, prosecutor, and court take into account the method of committing the act, the surrounding circumstances, the conduct of those involved, the available evidence, and expert conclusions.
A criminal defence lawyer first conducts a detailed analysis of the pre-trial investigation materials in sexual violence proceedings and verifies whether each item of evidence was obtained lawfully.
What Punishment and Liability Are Provided Under Article 153 of the Criminal Code of Ukraine?
The circumstances of the criminal offence determine under which part of Article 153 of the Criminal Code of Ukraine the act will be classified and what punishment the offender may face. The law provides for the following sanctions:
- Part 1. Sexual violence committed without the victim’s voluntary consent — imprisonment for up to 5 years.
- Part 2. Repeated commission or the presence of other aggravating circumstances — imprisonment for a term of 3 to 7 years.
- Part 3. Commission by a group of persons or against a minor — imprisonment for a term of 5 to 7 years.
- Part 4. Commission against a young child — imprisonment for a term of 5 to 10 years.
- Part 5. If the act caused serious consequences — imprisonment for a term of 10 to 15 years.
- Part 6. Repeated sexual violence against a young child or commission by a person previously convicted of sexual offences against children — imprisonment for 15 years or life imprisonment.
Cost of Legal Defence During the Pre-Trial Investigation and Court Proceedings
The cost of a lawyer’s legal assistance is determined individually, taking into account the complexity of the criminal proceedings, the scope of the required work, and the procedural stage of the case.
As a rule, the lawyer’s services include:
- Consultation and analysis of the case materials.
- Participation during questioning, searches, identification procedures, and other investigative actions.
- Preparation of procedural documents.
- Appealing unlawful decisions of the investigator or prosecutor.
- Defending the client’s interests before courts of first instance, appellate courts, and cassation courts.
Court Practice in Sexual Violence Cases
The case law of the Supreme Court demonstrates that the relevance, admissibility, and reliability of evidence are of particular importance. The court assesses not individual documents or statements but the entire body of evidence.
Based on lawyers’ experience, the most common grounds for acquittal or a change in legal classification include:
- the inadmissibility of certain evidence;
- violations of the procedure for conducting investigative actions;
- contradictions between expert conclusions;
- significant procedural violations during the pre-trial investigation;
- insufficient evidence to prove guilt beyond a reasonable doubt.
When imposing a sentence, the court assesses not only the legal classification of the act but also all relevant circumstances. In particular, it considers the nature and severity of the criminal offence, the personality of the accused, their previous conduct, the presence of mitigating or aggravating circumstances, forensic expert conclusions, witness statements, other evidence, and the requirements of Articles 65–67 of the Criminal Code concerning sentencing.
Protection of Victims in Criminal Proceedings Under Article 153 of the Criminal Code of Ukraine
Legal assistance is required not only by suspects or accused persons. A victim also needs professional representation to protect their procedural rights.
A lawyer can help:
- prepare a criminal offence report;
- monitor the progress of the pre-trial investigation;
- participate in questioning and other procedural actions;
- submit motions;
- appeal the investigator’s inaction or the prosecutor’s inaction;
- file a civil claim for compensation for material and non-pecuniary damage.
Professional legal support helps ensure compliance with procedural guarantees and enables the victim to exercise their rights as effectively as possible.
Criminal proceedings concerning sexual violence are among the most complex categories of cases, where any procedural error may result in serious legal consequences. Therefore, the involvement of an experienced violent crimes lawyer is important both for a person suspected of committing a criminal offence and for the victim.
The specialists of «Prikhodko & Partners» Law Firm provide comprehensive support in criminal proceedings, develop an individual defence and representation strategy, and help clients effectively protect their rights at every stage of the proceedings.
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Does the victim's refusal to testify affect the criminal proceedings?
Not always. The investigator, prosecutor and court evaluate the entire body of evidence. Even if the victim changes or refuses to testify in cases provided for by law, this does not mean that the criminal proceedings are automatically closed. The final decision depends on the sufficiency of other admissible and relevant evidence.
Is it possible to receive compensation for moral damages in a sexual assault case?
Yes. The injured party has the right to file a civil claim within the criminal proceedings or to file a separate claim in civil proceedings. If there are legal grounds, both material and moral damages caused by a criminal offense can be compensated.
Can one be held criminally liable for a false accusation of sexual assault?
Yes. If a person knowingly reported false information about a criminal offense, their actions may constitute a knowingly false report of a crime or other criminal offenses, depending on the circumstances of the case. However, the mere fact of the closure of criminal proceedings or an acquittal does not automatically mean that the accusation was knowingly false.
What evidence is most often used in sexual assault cases?
In such criminal proceedings, the results of forensic medical, molecular genetic and psychological examinations, statements of the victim, witnesses, recordings from video surveillance cameras, correspondence, telephone connections, physical evidence and other materials obtained in accordance with the requirements of criminal procedural legislation may be used.м
Is it mandatory to undergo a forensic medical examination in cases of sexual violence?
In most cases, such an examination is one of the key sources of evidence, but its conduct depends on the circumstances of the specific case. In addition to forensic medical examination, molecular genetic, psychological and other expert studies may be prescribed.
What is the statute of limitations for criminal liability under Article 153 of the Criminal Code of Ukraine?
The statute of limitations is not determined by Article 153 of the Criminal Code of Ukraine itself, but by the category of severity of the criminal offense in accordance with the Criminal Code of Ukraine. They may differ depending on the part of the article under which the act is qualified.
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