Crimes against the sexual inviolability of minors
The sexual inviolability of minors is the right of every child to be protected from all forms of sexual violence, exploitation and abuse. This principle of governance and the mental well-being of juveniles includes several key aspects:
The main aspects of the protection of the sexual inviolability of minors:
1. Prohibition of Sexual Exploitation : All forms of sexual warfare should not be tolerated, including rape, violent acts of sexual conduct and other forms of sexual warfare.
2. Age limit : The legislation sets an age threshold (e.g., sixteen years old) before which any sexual act is criminalized unless it has been agreed upon or agreed upon if the person is a victim of treatment.
3. Prohibition of Assistance in Prostitution and Pornography : Minors prohibit prostitution and participate in the production of pornographic content.
4. U-Turn of Minors: Acts aimed at reversing or arousing the sexual perception of minors, in accordance with the law.
5. Any coercion to engage in sexual acts is also considered legal, regardless of the age of the victims.
Article 3, paragraph 42, of the Criminal Code defines offences against the sexual inviolability of minors. These offences include the following:
1. Article 120. Rape - Rape, that is, sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or taking advantage of the helpless state of the victim.
2. Article 121. Violent acts of a sexual nature - Sodomy, lesbianism or other acts of a sexual nature with the use of violence or with the threat of its use against the victim or other persons, or taking advantage of the helpless state of the victim.
3. Article 121-1. Sexual harassment of persons under the age of sixteen - Committing obscene acts of a sexual nature against a person known to be under the age of sixteen, associated with proposals, including the use of telecommunications networks, including the Internet, or touching of a sexual nature.
4. Article 122. Sexual intercourse or other acts of a sexual nature with a person known to be under the age of sixteen, as well as receiving a prostitution service or other service of a sexual nature provided by a person known to be a minor - Sexual intercourse, sodomy, lesbianism or other acts of a sexual nature with a person known to be under the age of sixteen
- Sexual intercourse or other acts of a sexual nature with a person known to be under the age of sixteen. It also covers the receipt of a prostitution or other sexual service provided by a person known to be a minor.
5. Article 123. Coercion to sexual intercourse, sodomy, lesbianism or other acts of a sexual nature - Coercion of a person to sexual intercourse, sodomy, lesbianism or other acts of a sexual nature by blackmail, threat of destruction, damage or seizure of property, or taking advantage of the material or other dependence of the victim
— Понуждение к половому сношению, мужеложству, лесбиянству или иным действиям сексуального характера. Эта статья касается случаев, когда лицо принуждается к сексуальным действиям против своей воли.
6. Статья 124. Развращение лиц, не достигших шестнадцатилетнего возраста - Совершение развратных действий без применения насилия в отношении лица, заведомо не достигшего шестнадцатилетнего возраста
- Corruption of persons under the age of sixteen. This includes actions aimed at corrupting minors.
7. Article 134. Involvement of a minor in prostitution, provision of other services of a sexual nature - Involvement of a minor in prostitution, provision of other services of a sexual nature
- Involvement of a minor in prostitution or the provision of other services of a sexual nature.
8. Article 144. Involvement of minors in the production of erotic products - Involvement of a minor in the production of erotic products, as well as in the distribution, advertising and sale of erotic products
– Involvement of minors in the production of erotic products. This may include the creation of pornographic material involving minors.
9. Article 312. Parts 2 and 3 Production and circulation of materials or objects with pornographic images of minors or their involvement for participation in entertainment events of a pornographic nature - Production, storage or transportation across the State Border of the Republic of Kazakhstan for the purpose of distribution, public demonstration or advertising, or distribution, public demonstration or advertising of materials or objects with pornographic images of minors
– Production and circulation of materials with pornographic images of minors or their involvement in participation in pornographic events. These articles cover the production and distribution of pornography involving minors.
Comments and explanations:
1. The Criminal Code of the Republic of Kazakhstan:
- Article 120 and Article 121 qualify sexual violence based on the nature and extent of the violence.
- Article 122 and Article 123 deal with situations where a person has not reached the age of sixteen, which makes the act qualified as a particularly serious crime.
- Article 124 and Article 134 focus on actions aimed at corrupting minors and luring them into prostitution.
- Article 144 regulates cases of involvement of minors in the production of erotic content.
- Article 312 defines liability for the production and distribution of pornographic content involving minors.
2. Other codes and laws:
- The Law of the Republic of Kazakhstan "On the Rights of the Child in the Republic of Kazakhstan" regulates the protection of the rights of minors, including their sexual rights and protection from exploitation.
3. Regulatory resolutions of the Supreme Court of the Republic of Kazakhstan:
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 29, 2018 No 15. On the application of legislation by the courts in resolving disputes related to the upbringing of children
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 6 dated April 11, 2002. On judicial practice in cases of criminal offenses of minors and their involvement in the commission of criminal offenses and other antisocial actions
These articles of the Criminal Code, in conjunction with the legislation and decisions of the Supreme Court, form the legal basis for the protection of minors from various forms of sexual violence and exploitation.
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