Commentary to article 121. Violent sexual acts of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Sodomy, lesbianism, or other sexual acts involving violence or the threat of violence against the victim(s) or to other persons, or using the helpless state of the victim(s) –
are punishable by imprisonment for a term of three to five years.
2. The same actions:
a) committed by a group of persons, a group of persons by prior agreement, or an organized group;
b) connected with the threat of murder, as well as committed with particular harshness towards the victim(s) or to other persons;
c) caused the victim(s) to become infected with a sexually transmitted disease;
d) committed repeatedly or by a person who has previously committed rape;
e) committed against a known minor, -
are punishable by imprisonment for a term of five to ten years.
3. The acts provided for in the first or second parts of this Article, if they:
a) negligently caused the death of the victim(s);
b) negligently caused serious harm to the health of the victim(s), infecting him (her) with HIV/AIDS or other serious consequences;
c) committed against a person who is known to be guilty under the age of fourteen, -
are punishable by imprisonment for a term of eight to fifteen years.
The social danger of this crime lies in the fact that the satisfaction of sexual passion is achieved by force, either with the threat of its use or using the helpless state of the victim (victim). The law does not criminalize voluntary sodomy, lesbianism, or other sexual acts among adults of both sexes.
The object of the crime in question is the sexual freedom and sexual inviolability of a man in sodomy, a woman in lesbianism, a woman or a man in other sexual acts. The objective side of the crime is sodomy, lesbianism, or other sexual acts involving violence or the threat of violence against the victim or to other persons, or using the helpless state of the victim or the victim.
Sodomy is sexual intercourse between a man and a man, in which the penis of an active partner is inserted into the anus (rectum) of a passive partner. Other homosexual acts between men are not sodomy. The victim of forced sodomy is only a man. Sodomy is called pederasty. Homosexuality is the satisfaction of sexual passion of both a man with a man and a woman with a woman. Therefore, there is both male homosexuality (sodomy) and female homosexuality (lesbianism).
The use of physical violence or threats in sodomy should be understood in the same sense as in rape.
The threat as a form of mental violence in sodomy is expressed in the intimidation of the victim by the immediate use of physical violence against himself.
Lesbianism (sapphism, tribadia, korophilia) is the satisfaction of a woman's sexual passion with a woman by imitating sexual intercourse, influencing the partner's erogenous zones, satisfying sexual needs with artificial phalluses, vibrators, as well as petting, masturbation, cunnilingus, etc.
In cases of forced lesbianism, the victim can only be a woman.
Sexual acts other than sodomy and lesbianism include all other violent acts between a man and a woman or between men. These actions include oral and anal forced satisfaction of sexual passion in perverted forms, which is more often the case between a man and a woman.
The crime is considered to be over at the moment of the beginning of sexual acts.
On the subjective side, the crime presupposes guilt only in the form of direct intent. The perpetrator is aware that he is committing sodomy or lesbianism or other sexual acts involving violence, threat of violence, or using the victim's helpless state, and wants to commit these acts.
The subject of this crime may be a person who has reached the age of 14. In sodomy, the subject can only be a man, in lesbianism, only a woman, and in other sexual acts, the subjects can be both a man and a woman.
Qualified signs of sexual violence are provided for in Parts 2 and 3 of art. 121 of the Criminal Code of the Republic of Kazakhstan. The following types of violent acts of a sexual nature are recognized as qualifying in Part 2 of Article 121 of the Criminal Code of the Republic of Kazakhstan:
a) committed by a group of persons, a group of persons by prior agreement, or an organized group;
b) connected with the threat of murder, as well as committed with particular harshness towards the victim(s) or to other persons;
c) caused the victim(s) to become infected with a sexually transmitted disease;
d) committed repeatedly or by a person who has previously committed rape;
e) committed against a known minor.
Part 3 of Article 121 of the Criminal Code provides for criminal liability for particularly qualified types of sexual violence:
a) negligently caused the death of the victim(s);
b) negligently caused serious harm to the health of the victim(s), infecting him (her) with HIV/AIDS or other serious consequences;
c) committed against a person who is known to be guilty under the age of fourteen. These signs are considered in the analysis of the corpus delicti provided for in Article 120 of the Criminal Code of the Republic of Kazakhstan.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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