Commentary to article 123. Coercion to sexual intercourse, sodomy, lesbianism or other sexual acts of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Forcing a person to have sexual intercourse, sodomy, lesbianism, or commit other sexual acts through blackmail, threats of destruction, damage, or seizure of property, or using the victim's (victim's) material or other dependence, -    

is punishable by a fine in the amount of two hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to five months, or correctional labor for up to two years, or arrest for up to six months, or imprisonment for up to two years.

     The social danger of this crime lies in the mental pressure on the victim as a means to force her to give in to sexual harassment, thus violating the individual's right to sexual freedom. At the same time, not every compulsion forms part of this crime, but only that which is connected with those actions which are specified in the disposition of this article.      

The object of the crime is the sexual freedom of a woman — when forced to have sexual intercourse or lesbianism; the sexual freedom of a man — when sodomy; the sexual freedom of a woman or a man — when forced to commit other sexual acts.      

The objective side consists in forcing a person to have sexual intercourse, sodomy, lesbianism, or commit other sexual acts through blackmail, threats of destruction, damage, or seizure of property, or using the material or other dependence of the victim or the victim.      

The method of coercion is:

1) blackmail;

2) threat of destruction, damage or seizure of property;

3) the use of material or other dependence of the victim or the victim.      

Coercion by blackmail is the demand of a person to have sexual intercourse with him or another person, accompanied by the threat of disclosure of information discrediting the victim or other persons whose reputation is dear to him.      Coercion by threatening to destroy, damage or seize property means the expressed promise of the perpetrator to commit any of the crimes against property (robbery, robbery, unlawful possession of a car or other vehicle without the purpose of theft, intentional destruction or damage to property) in case of refusal of sexual claims.      

Coercion through the use of material or other dependence of the victim will be only in the case when the perpetrator threatens to commit certain actions against a person financially, in service or otherwise dependent on him, which will lead to infringement of legitimate rights and interests.      

The victim's financial dependence on the perpetrator or the guilty party may be due in whole or in part to dependence, living in the living space of the perpetrator, or when the improvement or deterioration of the victim's financial situation depends on it, etc. The state of financial dependence may form the relationship of debtor and creditor, heir and testator.      

Official dependence means that the victim is subordinate to the perpetrator(s), when he (she) can dismiss the victim from his job, promote, reduce wages, provide additional benefits, etc.     

Other dependence encompasses all other types of dependence of one person on another. Here, the position of a citizen may depend on a government official, children on adults, athletes on a coach, a student on a teacher, etc.      

This crime will be considered completed from the moment of coercion to sexual acts.      The subjective side of the crime is characterized by direct intent. The perpetrator or the guilty party is aware that he is forcing another person to commit the actions specified in this article using blackmail or threat, etc. and wants to force the victim or the victim to these actions.      

The subject of the crime in question may be a person of both male and female sex who has reached the age of 16.       The crime provided for in Article 123 of the Criminal Code of the Republic of Kazakhstan is a minor crime.

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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