Criminal characteristics of sexual violence committed by a group of persons against a minor

2021;
: 252-259

Humin O., Petryk V. "Criminal characteristics of sexual violence committed by a group of persons against a minor"
http://science.lpnu.ua/law/all-volumes-and-issues/number-331-2021/crimin...

1
Lviv Polytechnic National University, Educatinoal and Rasearch Institute of Law, Psychology and Innovative Education
2
National University "Lviv Polytechnic" Department of Architecture and Conservation

Summary. The process of successfully investigating crimes against sexual freedom and sexual integrity depends directly on how correctly and clearly the forensic characterization of the criminal offense has been established. In cases where a criminal offense is committed by a group of persons, as well as against a minor, during the investigation, investigators have many difficulties. Therefore, it is important to give a correct description of this criminal offense, and provide answers to some questions.

The article is devoted to the forensic characterization of sexual violence committed by a group of persons against a minor, as provided in Art. 153 of the Criminal Code of Ukraine. The importance of researching this issue is that in order for this criminal offense to be successfully solved, and all the perpetrators to be punished, it is necessary to give the correct description of this criminal offense. Particular attention is paid to such issues as the subject of encroachment, methods of committing a criminal offense, the characteristic traces left by the commission of this criminal offense, the person of the criminal offense, the person of the victim, the place and time of the crime, and the circumstances of the offense.

The question was revealed what methods can be used in committing a criminal offense, they are directly: forcing a child to masturbate in the presence of an adult, forcing certain imitations with the genitals of an adult, forcing a child to touch his own genitals, forcing oral, vaginal and anal intercourse , sexual intercourse with relatives (incest), footjob (stimulation of the genitals with the feet), frothering (friction of two penises), tribadism (used between females, is the friction of the vulva), imitation of sexual intercourse with a finger, violent petting.

The subject of the study is the regularities of the forensic characterization of a criminal offense related to sexual violence by a group of persons against a minor.

  1. Vasylenko V. D. (2015). Ponyattya chasu vchynennya zlochynu yak oznaky obyektyvnoyi storony skladu zlochynu: porivnyalʹnyy analiz [The concept of the time of the crime as a sign of the objective side of the crime: a comparative analysis]. Sudova apelyatsiya. № 1(38). P. – 25-30.
  2. Moroz V. H. (2014). Ponyattya mistsya vchynennya zlochynu yak oznaky obʺyektyvnoyi storony zlochynu [The concept of the crime scene as a sign of the objective side of the crime]. Yurydychna nauka. № 5. P. – 122-136.
  3. Stromylo A. P., Mukomel S. A. Nasylʹstvo nad ditʹmy i yoho naslidky UDK 317.013.77 P. 139-142.
  4. Saltevsʹkyy M. V. (2008). Kryminalistyka (u suchasnomu vykladi) [Forensics (in modern terms)]. Kyiv: Kondor, 2008. 588 P. 130–133.
  5. Havlo V. K. (1980). K voprosu o krymynalystycheskoy kharakterystyke prestuplenyy (Statʹya pervaya) [On the question of forensic characterization of crimes (Article one)]. Voprosy povyshenyya borby s prestupnostyu. P. 123.
  6. Vydonov L. H., Vydonov V. L. (1984). K voprosu o krymynalystycheskoy kharakterystyke prestuplenyy y zakonomernykh svyazyakh mezhdu ee élementamy [On the question of the forensic characterization of crimes and natural connections between its elements]. Krymymalystycheskaya kharakterystyka prestuplenyy. P. 97.
  7. Kovalʹ M. M. (2015). Forensic characterization of torture. Naukovyy visnyk Mizhnarodnoho humanitarnoho universytetu. Ser. : «Yurysprudentsiya». Vyp. 14, t. 2. P. 121–123.
  8. Tanasevych V. G., Obraztsov V. A. (1976). O krymynalystycheskoy kharakterystyke prestuplenyy [On the forensic characterization of crimes]. Voprosy borʹby s prestupnostʹyu. Vyp. 25. P. 94-104.