A. O. Saburova — Undergraduate of KIMEP University (Almaty)
THE CRIMINOLOGY OF SEXUAL VIOLENCE
CЕКСУАЛДЫҚ ЗОРЛЫҚ-ЗОМБЫЛЫҚ КРИМИНОЛОГИЯСЫ
КРИМИНОЛОГИЯ СЕКСУАЛЬНОГО НАСИЛИЯ
Keywords: Kazakhstan, violence, children, human rights, responsibility, sexual violence, rape, violent crimes, crime structure, victim.
Түйінді сөздер: Қазақстан, зорлық-зомбылық, балалар, адам құқығы, жауапкершілік, жыныстық зорлық-зомбылық, зорлау, зорлық-зомбылық қылмыстары, қылмыстық құрылым, жәбірленуші.
Ключевые слова: Казахстан, насилие, дети, права человека, ответственность, сексуальное насилие, изнасилование, насильственные преступления, криминальная структура, жертва.
All relationships range from healthy to violent. Sexual abuse refers to any action that forces or forces someone to do something sexual that he does not want. This may also apply to behavior that affects a person’s ability to control their sexual activity or the circumstances in which sexual activity occurs. This includes oral sex, rape, or preventing access to contraception and condoms. When someone does not resist unwanted sexual overtones, this does not mean that he gave his permission. Physical resistance can sometimes expose the victim to a greater risk of physical or sexual abuse.
The state study of issues in the Republic of Kazakhstan began at the origins of the formation of statehood and laws. Consider the history and state research of these issues. Previously, rapists in the Kazakh steppe were subjected to harsh and sometimes very cruel punishments – in the code of laws «Zhety zhargi» of Tauke Khan, in which rape was always equated with the murder of a person, and was punished with the death penalty. However, a presidential decree of December 17, 2003 introduced an unlimited moratorium on the execution of capital punishment until the issue of its complete abolition is resolved. The relevant state bodies will constantly monitor the criminal situation in the country in connection with the moratorium, and, depending on its results, the issue of the possibility of the complete abolition of the death penalty will be further decided. In Kazakhstan, life imprisonment is used as an alternative to the death penalty[1].
Before the moratorium was introduced, the death penalty was carried out by execution, which is considered a relatively humane way. As an alternative to the death penalty, since January 1, 2004, Kazakhstan has been subjected to life imprisonment.
I analyze the collected data and present statistics and explanations for it. In many countries, rapists do not stand on ceremony. So, in China they are sentenced to death. Moreover, in some cases, the execution of punishment is accompanied by mutilation by the genitalia of the rapist. In Iran, the rapist is threatened with a gallows or public execution. In some cases, at the request of the victim, the death penalty may be abolished. In Afghanistan, the court also obliges special bodies to execute the execution of a criminal within four days. In India, where rape, especially in large cities, is common, and therefore the country has earned a reputation as one of the most dangerous for women, the situation has changed in recent years, the death penalty for this crime.
Meanwhile, drug prevention of sexual crimes is used in many states of the USA, Canada and in a number of European countries – Great Britain, France, Germany, Denmark, Israel, Sweden, Poland, and Norway. Its use in the US states is mandatory, in European countries, with the exception of Poland, is voluntary. In Germany, for example, if a pedophile agrees to chemical castration, he gains the right to parole. In Russia, chemical castration is de jure, but it is possible only with the consent of the convict.
Among the countries in which the death penalty is prohibited by law are Armenia (since 2003), Azerbaijan (since 1998), Canada (since 1976), Mexico (since 2005) and others.
The death penalty in the following countries is permitted only for exceptional crimes in accordance with martial law: in Bolivia (1997), Brazil (1979), Chile (2001), El Salvador (1983), Fiji (1979), Israel (1954), Kazakhstan (2007 ), Latvia (1999), Peru (1979).
Since the beginning of 2015, 465 cases of sexual abuse of minors have been reported. At the same time, only a little more than 130 criminal cases have been opened for sexual acts. According to the Prosecutor General’s Office, 183 children suffered from rapists in 10 months of 2016. In 2016, 111 people were convicted of violent crimes against the sexual integrity of children.
Kazakhstan in terms of the number of rapes in 2018 (an indicator of 7.88 per 100 thousand people) ranks first in the CIS countries. In 2018, 84 children were raped, 88 children survived sexual acts, 138 more cases of corruption of minors were recorded. These are only registered facts[2].
More than 200 Kazakhstan children were sexually abused and debauched in the first quarter of 2019. In particular, during this period rape (Article 120 of the Criminal Code of the Republic of Kazakhstan) was committed against 49 children, which is 63.3% more than last year.
In April 2019, the President of Kazakhstan signed the law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues Related to the Activities of Organizations Performing Functions to Protect the Rights of the Child.” The document provides for toughening responsibility for rape and sexual assault against minors by increasing the length of imprisonment[3].
The most severe punishment was introduced in 2017 – chemical castration. This is a procedure in which a medication that blocks the action of the male hormone is administered, which leads to a complete suppression of sexual desire. Since 2018, Kazakhstan began to apply chemical castration to pedophiles. The procedure is carried out only by a court verdict in relation to persons found to be prone to crimes against sexual inviolability of minors by the conclusion of a forensic psychiatric examination. The application of compulsory medical measures in the form of chemical castration is carried out on the basis of a court decision based on the results of a forensic psychiatric examination. In December 2017, three persons convicted of rape or other sexual acts against minors were sentenced to chemical castration: a 63-year-old resident of the East Kazakhstan region who corrupted young girls, as well as residents of the Karaganda and Kzylorda regions. Such punishment is carried out in prisons or in outpatient clinics that provide psychiatric care to those already released. The cost of the drug containing cyproterone (the antiandrogen selected in Kazakhstan) is up to 4 thousand per ampoule. In 2018, 9.6 million tenge were allocated for chemical castration of pedophiles in the Republic of Kazakhstan. The appearance of pedophiles for injection should be monitored by authorities exercising administrative supervision. In addition, a person under supervision cannot leave the house at a certain time, visit public places and communicate with children without the knowledge of their parents.
My opinion is based on sources studied, reports on victims and terrifying statistics, so I strongly support the proposed amendments to the Criminal Code regarding the aspects of punishment and protection of victims of sexual violence in Kazakhstan. Consider the changes introduced in the bill in more detail. Kazakhstan plans to introduce a life sentence for sexual violence against children. A bill has been prepared to further improve the Criminal Code and the Code of Criminal Procedure. These included amendments to toughen liability for certain types of intentional grave and especially grave crimes. For example, responsibility for committing a crime against sexual integrity is being strengthened. Rape and the commission of sexual violence, even without aggravating circumstances, will be categorized as serious crimes. Responsibility for all violent acts of a sexual nature against children is tightened, a separate qualifying sign of a crime in the performance of official duties will appear, which provides for a more stringent responsibility. The commission of sexual violence against a minor now provides for life or at least 20 years in prison. At the same time, the period of administrative supervision for persons who have served their sentences for crimes against the sexual integrity of minors will also be increased to five years. It is noteworthy that parents and other persons hiding the facts of pedophilia also intend to punish.
The following recommendations are suggested to prevent and respond to sexual violence:
Sexual violence is always the fault of the criminal (the person who commits aggression), which means that treatment is needed for all who have committed such crimes, especially in the initial stages.
Prevention of sexual violence is the responsibility of all people in society; it is required to legislating obligations and severe penalties for such violations.
For victims and their relatives, measures must be taken to be safe, to help adapt to everyday conditions and enjoy a social and active life. Follow practical tips to protect yourself and your friends, stimulate the work of organizations and the treatment of victims.
It should be noted that the voice of the victims is important for documenting violations of their human rights, and it was noted that in various cases, many victims agreed to blame the aggressors. In addition to measures to eliminate damage and justice, it is recommended that various actions be taken to prevent the recurrence of cases of sexual violence: providing notice to the authorities, providing psychological attention to the victims, not allowing the aggressor to continue to work in front of the group, informing the victim’s parents about the facts and knowing about the facts and apply sanctions against the aggressor, as well as take other actions to avoid a repeat of aggression. Recommended: to conduct training courses on the identification and prevention of sexual abuse, as well as on the procedure that must be followed in these situations; the creation of adequate mechanisms to draw attention to cases of sexual violence in schools, the issuance of guidelines for the prevention and attention to this phenomenon and the promotion of preventive, corrective and supervisory measures against the aggressor, as well as the provision of compulsory courses on the rights and obligations of school workers be responsible for their custody, protect from all forms of abuse, injury, damage, aggression, abuse, trafficking and exploitation. Despite the fact that these recommendations have been repeatedly published, cases of sexual violence continue to occur, therefore it is considered necessary that the competent authorities redouble their efforts in accordance with them in order to eradicate this phenomenon that affects children.
The rights of every citizen are protected, and will be constantly protected. The tougher penalties will cover grave crimes such as sexual violence, pedophilia, drug trafficking, human trafficking, domestic violence against women and serious crimes against the individual, especially against children. Thus, taking into account the information received through state bodies, human rights organizations and information based on the investigations carried out, there is a warning that it is impossible to disclose private data and to analyze the victims in order to make this phenomenon visible, which harms not only children but also society in general, and it is recommended that comprehensive measures be taken to prevent and eradicate this phenomenon.
Around the world, women and children are most exposed to this ongoing form of human rights violations, and those who are displaced or in conflict situations often face greater risks. The problem is ongoing and ranges from domestic violence to violence as a war crime. No community, society, country or region is immune to sexual and gender-based violence.
Some may perceive sexual and gender-based violence as a matter of criminal law, but the analogy drawn is appropriate. We are faced with a systematic form of violation of human rights; therefore, it requires constant action by various humanitarian organizations, the deployment of multifaceted actions that contribute to the fight against this problem.
People are the main pillar in society and the state, therefore the care and observance of their rights are elementary; in the same way, the stage of childhood is of particular importance, because during it its physical, emotional, intellectual and moral development is determined, therefore it is extremely important that children live in harmony, peace and stability, which implies the prevention of situations of violence, like at home, in family, school and their life in society.
The key to continuing to develop a new response and improve the prevention of sexual violence is to strengthen interagency coordination and the full participation of the community, the state at all stages of program development and evaluation.
Prevention and response to sexual violence based on gender, age in all situations is the way to eradicate it.
Ideas and initiatives, if implemented with energy and determination, will contribute to significant changes in those who survived the violence and in those millions of people who are at risk in the modern world.
ANNOTATION
Without exaggeration, sexual violence can be called a pandemic. Motivation seems to be a consideration of the level of public reaction and discussion of real and hard lessons learned from sexual abuse. Progress is achieved by recognizing the problem. According to health experts, we all have a role to play in preventing sexual violence. We must all take action against sexual violence in society. The concept of criminological problems in the form of sexual violence in the world and Kazakhstan will solve the responsibility for the violence that is the relevance of this work.
Purpose of the article — to consider responsibility for sexual violence in Kazakhstan and the world, with legislative peculiarities.
The main conclusions of this article were the formation of concepts of responsibility and measures taken to curb and punish, as well as the consideration of laws and practices in the world with the subsequent formation of proposals in this area.
ТҮЙІН
Жыныстық зорлық-зомбылық пандемияға айналды десек, асыра айтқандыққа жатпайды. Мотивация қоғамдық реакция деңгейін қарастыру және жыныстық зорлық-зомбылықтан алынған нақты және қатаң сабақтарды талқылау арқылы ұсынылады. Прогреске проблеманы тану арқылы қол жеткізіледі. Денсаулық сақтау саласындағы сарапшылардың пікірінше, сексуалдық зорлық-зомбылықтың алдын алуда бәріміздің де рөліміз бар. Біз бәріміз қоғамдағы сексуалдық зорлық-зомбылыққа қарсы әрекет етуіміз керек. Әлемде және Қазақстанда жыныстық зорлық-зомбылық түріндегі криминологиялық проблемалар ұғымы жасалатын зорлық-зомбылық үшін жауапкершілікті шешеді, бұл осы жұмыстың өзектілігі болып табылады.
Мақаланың мақсаты — Қазақстандағы және әлемдегі жыныстық зорлық-зомбылық үшін жауапкершілікті заңнамалық тұрғыдан ерекшеліктерімен қарастыру.
Осы мақаланың негізгі тұжырымдары — жауапкершілік туралы түсініктерді қалыптастыру және жазалауға бағытталған шаралар, сонымен қатар осы саладағы ұсыныстарды қалыптастырумен бірге әлемдегі заңдар мен тәжірибелерді қарастыру.
АННОТАЦИЯ
Без преувеличения можно назвать сексуальное насилие пандемией. Мотивация представляется рассмотрением уровня общественной реакции и обсуждения реальных и жестких уроков, извлеченных из сексуального насилия. Прогресс достигается признанием проблемы. По словам экспертов в области здравоохранения, мы все должны сыграть свою роль в предотвращении сексуального насилия. Мы все должны принять меры против сексуального насилия в обществе. Понятие криминологических проблем в виде сексуального насилия в мире и Казахстане разрешит ответственность за совершаемое насилие, что и является актуальностью данной работы.
Цель статьи — рассмотреть ответственность за сексуальное насилие в Казахстане и мире, с особенностями в законодательном плане.
Основными выводами данной статьи стало формирование понятий об ответственности и предпринимаемые меры по пресечению и наказанию, а также рассмотрение законов и практик в мире с последующим формированием предложений в данной сфере.
- [1] The Criminal Code of the first head of state «On the introduction in the Republic of Kazakhstan of a moratorium on the death penalty» of December 17, 2003 (accessed 12.11.2019).
- [2] Regions of Kazakhstan: statistical yearbook. Astana, 2018 // www.stat.gov.kz (accessed 12.11.2019).
- [3] The Law of the Republic of Kazakhstan dated April 1, 2019 № 240-VI «On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Issues Related to the Activities of Organizations Performing Functions for the Protection of the Rights of the Child».