70. CRIMINALISTIC CHARACTERISTICS OF RAPE. METHODS FOR DISCOVERING STAGE-RAPE

Rape - sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or using the helpless state of the victim.

There are different types of rape depending on:

1) aggravating circumstances:

a) without aggravating circumstances;

b) rape of minors and minors;

c) committed by a person who has previously committed violent acts of a sexual nature;

d) resulting in the victim's suicide and other grave consequences, etc.;

2) nature of the relationship between the victim and the suspect:

a) committed by a person known to the victim;

b) committed by an unknown criminal;

3) features of the method of suppressing the will of the victim:

a) with the use of physical violence;

b) with the use of mental violence;

c) using the helpless state of the victim.

Circumstances to be determined:

1) whether the fact of sexual intercourse referred to in the application took place, if so, when and where;

2) whether violence took place and what character it had;

3) who the victim is, whether she is a minor, physically or mentally ill, how the victim is characterized;

4) who committed the rape, whether it was committed by a group of persons, the degree of guilt of each of them and the circumstances characterizing the personality of the accused;

5) what are the consequences of rape, are they particularly serious, has the raped person suffered material damage;

6) the reasons and conditions that contributed to the commission of rape;

7) circumstances mitigating or aggravating punishment;

8) circumstances precluding criminality and punishability of the act;

9) circumstances that may entail exemption from criminal liability and punishment.

Places of rape can be:

1) apartments;

2) sheds, attics, basements;

3) various outbuildings;

4) plots, forest and other places.

Staged rape - a false statement by a person about the fact of rape, committed for various purposes.

Signs of a staged rape:

1) traces found that should not exist;

2) the absence of traces that should be there;

3) the state of the discovered traces does not correspond to the state in which they should have been located.

In order to expose the staging, the investigator builds mental models of the incident based on the data obtained during the investigation, establishes the unreality and reality of the consequences from these models, provides a comparative analysis of non-excluded consequences, selects the most possible model of what happened and obtains new data that additionally confirm the chosen model. If this model of the incident differs from the description of the incident by the victim and is more realistic, then a conclusion is made about the staging. To obtain additional facts confirming the staging, it is possible to conduct a forensic medical examination aimed at establishing the fact of staging.

Authors: Aleinikov A.G., Salova E.E.

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