ON INCORRECT USAGE OF MEDICAL TERMS IN THE DEFINITION OF SEXUAL OFFENCES IN THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Abstract

The article is devoted to the issue of the correct usage of medical terms in the definition of sexual offenses. The author analyzes the relevance of describing such offences with the terms: «sexual intercourse», «sodomy», «lesbianism», «other acts of a sexual nature». The definition is given from a medical and legal point of view. The author speaks about the incorrectness of their usage in the text of criminal law because of different understanding of these terms in medicine and in law. The structure «other acts of a sexual nature» is criticized. There is uncertainty in the definition of offences because the list of such actions is open and unlimited. For this reason, the problem of distinguishing the terms «other sexual acts» and «sexual abuse» is difficult to resolve. They are not defined in law, and medical science does not use them. The author draws attention to the fact that the title of Article 134 of the Criminal Code is broader than its content. As a solution to these problems, it is proposed to abandon medical terms atypical for the law in the definition of sexual offenses. As an alternative to the current concept, the terms «acts of a sexual nature associated with penetration into the body cavity of the victim» and «acts of a sexual nature that are not related to penetration into the body cavity of the victim» are suggested. As a result of such changes, there will be no need for terminological separation of «sexual intercourse», «sodomy», «lesbianism» and subsequent clarification of their content. Such an approach, in the author's opinion, will allow to build a logical and consistent system of crimes that encroach on sexual freedom and sexual inviolability.