From the age of 16 by mutual consent article

He lived with a girl for 16 years. There was a sexual intercourse, she became pregnant at 16 and gave birth at 17. Now she lives with another guy, she doesn’t write the child down on me, she doesn’t let me see her, she only demands alimony and blackmails me by putting me in jail? 1. Will I go to jail? If so, how can I avoid it? 2. Can I establish paternity and pay child support officially? 3. How can I prove that the sexual act was consensual? 4. What does shine for me and her in this situation?

Lawyers Answers

Artur Morozov

Is the child exactly yours, and not the guy with whom she now lives? Your girlfriend's words this moment unfounded. You have nothing to fear. It all depends on what you yourself want from this situation.
1. You say yes, my child and I will voluntarily pay child support and pay until the child is 18 years old.
2. Say that the child is not mine and she, with the protection you have chosen in life, will not prove that you had sexual intercourse without her consent or that sexual intercourse was with a person under 16 years of age. Otherwise, there is no criminal liability. You generally forget about alimony and other payments, both mandatory and voluntary. Why do you need to prove, she wants alimony, even if she proves it documentary, by witnesses who, for example, saw how you and your girlfriend are engaged in reproduction of offspring or others. Carrying out a genetic examination in private is a paid pleasure, at least 20 tr. this requires samples (hair, blood, saliva) of two subjects. The term of the examination is not more than a day.

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Arina Kim

Hello Sergey! You will not be held criminally liable, as the punishment is only for sexual intercourse with a person under the age of sixteen. If you cohabited with this girl, then it is obvious that the sexual intercourse was consensual. I assume that you have friends and acquaintances who can confirm that you lived as spouses. To establish paternity, you must file a lawsuit in court. During judicial trial to conduct a genetic examination at your request. The demand for alimony at the moment from this girl is illegal, because according to the documents you are not the father of the child. For more detailed advice, you can contact me at e-mail [email protected]

1. Sexual intercourse with a person who has not reached the age of sixteen, committed by a person who has reached the age of eighteen, –

punished compulsory works for a term of up to four hundred and eighty hours, or by restraint of liberty for a term of up to four years, or by forced labor for a term of up to four years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by deprivation of liberty for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for up to ten years or without it.

2. Sodomy or lesbianism with a person who has not reached the age of sixteen, committed by a person who has reached the age of eighteen, –

shall be punished by compulsory labor for up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years or without it, or imprisonment for a term up to six years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to ten years, or without one.

3. The deeds provided for by the first or second part of this article, committed with a person who has reached the age of twelve, but has not reached the age of fourteen, -

shall be punishable by deprivation of liberty for a term of three to ten years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term up to fifteen years, and with or without restraint of liberty for a term up to two years.

4. The deeds provided for by the first, second or third parts of this article, committed in respect of two or more persons, -

shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

5. The deeds provided for by the first, second, third or fourth parts of this article, committed by a group of persons, a group of persons by prior agreement or an organized group, -

shall be punishable by deprivation of liberty for a term of twelve to twenty years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to twenty years, and with or without restraint of liberty for a term of up to two years.

6. Acts provided for by part three of this article, committed by a person who has a criminal record for a previously committed crime against the sexual inviolability of a minor, -

shall be punishable by deprivation of liberty for a term of fifteen to twenty years, with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to twenty years, or life imprisonment.

Notes. 1. A person who has committed a crime for the first time, provided for by part one of this article, shall be released by the court from punishment if it is established that this person and the crime committed by him have ceased to be socially dangerous in connection with marriage to the victim (victim).

2. If the age difference between the victim (injured) and the defendant (defendant) is less than four years, the latter shall not be punished in the form of deprivation of liberty for the committed act, provided for in part one of this Article or part one of Article 135 of this Code.

Commentary on Art. 134 of the Criminal Code of the Russian Federation

1. The main object of the crime is the sexual inviolability of minors, their normal moral and physical development, health that can be harmed early start sexual activity during the period of not reaching puberty. A victim under part 1 can only be a female person who has not reached the age of 16 and puberty. According to paragraph 2, only a male person who has not reached the age of 16 and puberty can be a victim of sodomy, and only such a female person can be a victim of lesbianism. For liability to occur, both signs must be established simultaneously. The achievement of puberty is understood as a natural stage in the physiological development of the human body, the final stage of puberty, in which sex life, conception, pregnancy, childbirth are considered a physiologically normal function that does not harm the body.

To decide whether a person has reached puberty, it is necessary to conduct an appropriate examination. Features of the procedure for the production of an examination of female persons (an examination of an obstetric and gynecological profile) are defined in paragraphs 70 - 70.23.5 of the Order of the Ministry of Health and Social Development of Russia dated May 12, 2010 N 346n "On approval of the Procedure for organizing and conducting forensic medical examinations in state forensic institutions Russian Federation» . In particular, physical development, physique, fatness, height, pelvic dimensions and other anthropometric data, the presence of malformations, the ability to copulate and conceive, etc. are established. Features of the examination of males are defined in paragraphs 71 - 71.13. 18. In particular, general anthropometric indicators, physical development, the ability to have sexual intercourse and fertilization, etc. are established.
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RG. 2010. No. 186.

2. The objective side of the crime is characterized by actions that are expressed in non-violent (without any physical or mental coercion), voluntary, by mutual consent sexual intercourse (part 1) or sodomy or lesbianism (part 2), committed by a person who has reached 18 -years of age, with a person under 16 years of age and puberty. Depending on which of the sexual acts specified in the law was voluntarily committed, liability arises under part 1 or 2. The age of the victim, forming the composition of this crime, is the achievement of 14 years, but not the achievement of 16 years, and if such an age occurred, there is no corpus delicti.

For example, in the case of I. and F., it was established that the convicts had sexual intercourse with the victim F. when the age specified in the law had already arrived, in connection with which the criminal case was terminated due to the absence of corpus delicti.
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BVS RF. 1999. N 3. S. 18.

3. Victims must understand the nature and significance of the actions committed with them, otherwise liability arises under Art. Art. 131 or 132 of the Criminal Code for rape or violent acts sexual in nature using the helpless state of the victim (victim).

4. The title of the commented article is broader than its content, the law does not provide for liability for the commission of "other acts of a sexual nature." Therefore, entry into voluntary anal or oral sex entails liability under Art. 135 of the Criminal Code, as indecent acts.

5. In the case when, after rape or violent acts of a sexual nature, voluntary acts of sexual intercourse, acts of sodomy or lesbianism are committed with the same victim or victim, the deed forms the corresponding combination of Art. Art. 131 or 132 from Art. 134 of the Criminal Code. Cases of voluntary sexual intercourse, sodomy or lesbianism and the perpetrators committed before this compulsion to act of a sexual nature in relation to the same victim or the same victim similarly form the totality of Art. Art. 133 and 134 of the Criminal Code.

6. The crime is considered completed from the moment the sexual intercourse, the act of sodomy or lesbianism begins.

7. The subjective side is characterized by direct intent. The person is aware that he is committing sexual intercourse, sodomy or lesbianism with a person who has not reached the age of 16 and puberty, and desires this.

8. The subject of the crime is a sane person, male or female, who has reached the age of 18. In case of voluntary sexual intercourse or sodomy or lesbianism between minors, liability does not arise.

9. Part 3 of the commented article establishes responsibility for the acts provided for in part 1 or 2 of the commented article, committed with a person who has reached the age of 12, but has not reached the age of 14.

10. Part 4 of the commented article establishes responsibility for the acts provided for in part 1, 2 or 3 of the commented article, committed against two or more persons.

11. About qualifying signs - a group of persons, a group of persons by prior agreement or organized group see comment. to Art. 35.

12. Part 5 of the commented article establishes responsibility for the acts provided for in part 3 of the commented article, committed by a person who has a previous conviction for a previously committed crime against the sexual integrity of a minor (see commentary to article 131).

13. According to note. 1 to the commented article, a person is released from punishment by the court if the simultaneous presence of all the conditions specified in the law is established: 1) committing a crime for the first time; 2) the commission of a crime provided only for part 1; 3) this person and the crime committed by him ceased to be socially dangerous in connection with entering into marriage with the injured person.

This type of exemption is a special case active repentance. Committing a crime for the first time means that the person has not committed crimes before or the conviction for previously committed crimes has been removed or extinguished in the manner prescribed by law. Marriage with the injured person means voluntary state registration of marriage in the manner prescribed by law in the civil registry offices (ZAGS). This is also in line with the Convention on Consent to Marriage, Age for Marriage and Registration of Marriages of December 10, 1962, art. 16 of the 1948 Universal Declaration of Human Rights, which provide that marriage can only be entered into with the free and full consent of both parties to the marriage.
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International private law: Sat. doc. M.: BEK, 1997. S. 667 - 669.

Specified in the note. 1 to the commented article, the conditions determine the release of a person not from criminal liability, but only the release by the court from punishment when passing a sentence in accordance with Part 5 of Art. 302 of the Code of Criminal Procedure (see comments to Art. 80.1).

14. According to note. 2 to the commented article, if the difference in age between the victim (injured) and the defendant (defendant) is less than four years, when passing a sentence, the court cannot impose a sentence of imprisonment on the convicted person for the committed act, provided for in Part 1 of Art. 134 or part 1 of Art. 135 of the Criminal Code, and assigns a more lenient punishment than imprisonment (see comments to Article 44). Link to Art. 64 of the Criminal Code is not required.

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