The media headlines another scandalous news: Chairman of the Presidium of the NGO “Officers of Russia” Anton Tsvetkov commentary Moscow online edition said that women should not exceed the limits of self-defense when attacked rapist. Social networks flooded with just indignation, but after a while he gave rebuttal speaker on his page on the social network Facebook. It turned out that the publication of a comment has been agreed, and the journalist wrongly filed hear the information.
However, the problem is real, and its solutions at the legislative level is not there yet. There are many cases where women were convicted for exceeding the permissible self-defense. Suffice it to recall, for example, loud story that happened in the city of Biisk, where a young athlete Tatiana Andreeva was convicted of the murder of Sergei Chaykin, who tried to rape her. Where is the boundary between justified by the law, protection from violence and self-defense, entailing criminal liability?
Commented Anton Stus, a lawyer :
The Criminal Code of the Russian Federation the issue of self-defense settled in Article 37, which are as follows: Self-defense is allowed and not considered a crime if used violence, threatening his life to the man, or there is a threat of such violence. Self-defense is a legitimate, if not exceeded the limits of necessary defense.
What actions are exceeding the limits of self-defense? This question is governed by Part 1 of Article 114 and Part 1 of Article 108.
The first reads: “the intentional infliction of grievous bodily harm, committed in excess of the limits of necessary defense, is punished with correctional labor for up to one year, or restriction of liberty for up to one year, or community service for up to one year, or imprisonment for the same term. ” This is the case if the striker has been damaged, which are regarded as serious bodily injury.
If the attacker was damaged which caused his death, the action takes part 1 of article. 108: “The murder, committed at excess of limits of necessary defense, is punished with correctional labor for up to two years, or restriction of freedom for up to two years, or community service for up to two years, or imprisonment for the same period.”
As you can see from the two articles, the legislator has a great social danger in this face and his actions did not see. But just in case, ready to isolate the defending person from society: the situation in the first year, and the second – just two.
This is important so-called subjective aspect of this “crime” – an intentional action. That is, when the defender’s face is clear that his actions made by them for self-defense, the attacker clearly cause harm substantially greater than going to cause the attacker to the victim himself.
The legislator assumes that can shoot at armed robbery , when there is (an open theft of property by force or threat of force with the use of weapons) is a clear threat to the life of the victim, but with robbery (Open stealing property without violence) weapons use can not be .
With the killing of all it is clear, and that is what serious bodily harm – should be specified separately. To do this, we turn again to the provisions of the Criminal Code: In accordance with Art. 111 of the Criminal Code of grievous bodily harm is considered to be harmful to health, life-threatening or resulted in a loss of sight, speech, hearing or any organ or the loss of authority of its functions, or expressed in indelible disfigurement of the face, as well as causing other damage to health, dangerous to life or health disorder caused, coupled with a significant permanent loss of general ability to work not less than one-third, or known to the perpetrator of full occupational disability, or which entailed termination of pregnancy, mental illness, drug addiction or substance abuse disorder.
Thus, unfortunately, on the basis of the current legislation need to defend carefully, as the situation permits – it is desirable not to cause serious injury rapist and not to deprive him of any of the bodies. Otherwise, really have to deal with the law-enforcement system of our country, which is likely, alas, it will also be an unpleasant experience.
To better understand the point of view of the legislator, should pay attention to the act itself, from which we are in this situation trying to “protect”. That is to say that the supposed rape itself. Here we see that the degree of severity of the punishment for the perpetrator (3 to 6 years of imprisonment, if the perpetrator alone, unarmed and did not infect the victim), the offense hardly falls into the category of serious. It turns out that for statesmen rapist, although more dangerous too actively resisting the victim, but it is not a terrible threat to public order. In my opinion, this is the reason that the perpetrators of the victim can not protect themselves adequately, regardless of the convention.
Residents of many countries, fortunately for them, have no such need. For example, in England and the United States have these types of serious crimes, the protection of which is possible by causing any harm attacker (kidnapping, rape, arson, robbery). And we do not see the term “abuse protection” in the Criminal Code of France. It also is not defined and the legal consequences of the excess protection, as in the Criminal Code.
In Russia, the protection from rape by deprivation of life or grievous harm to perpetrator is not possible, what is difficult to accept. The bitter fruits of this attitude of legislators to issues of self-protection society reaps continually, and examples of this huge set.
To date, the only chance of the victim that caused serious harm to the health of the abuser, or defending, who killed him, is the point 2.1. Article 37 of the Criminal Code: “Are not exceeding the limits of necessary defense action defending a person if that person due to encroachment of surprise could not objectively assess the extent and nature of the danger of attack.”
How to behave in an attack situation, so as not to exceed the limits of self-defense? He tells and shows Maxim Stepanov, the coach “Self-defense 100%” of the Moscow club.
Remember the most vulnerable points on the body, there are three: the eyes, throat and genitals. All of them are located along the axis of the body. In the martial arts influence on them refers to prohibited methods, but do not have to choose to attack the situation.
Regardless of the degree of fitness of human eyes – a very vulnerable place. In my eyes you can poke any object – a fingernail, pen, Comb. This is very effective from a psychological point of view, since the lose of any person scary – in fact most of the information we receive visually. In addition, at this point the attacker changes the psychological setting: from the predator he becomes a victim. This is very important – to be able to turn the tables.
The second point of failure – the throat . It is open, the impact on him, too, are extremely uncomfortable (as long as we breathe – we live), so any punches, butting in this area grippers for trachea are also effective. When we beat this place, we make criminals afraid – and that is what we need.
The third point – the genitalia. Blows to the genitals is also very painful and psychologically weaken the enemy.
It is important to be able at the right time to step over themselves and start to actively resist. Many intelligent people are asking, “How can I poke in the eye to a living person? It’s impossible! I feel sorry for him!”. Without delving into the philosophy, say, imagine the consequences of your non-resistance. You may lose your health, and even life!
Another point. When you are with a person carrying on a conversation, and he does not show aggression to him to behave like a man. And when he turned off the human and employs some instincts, he threatened to rape and kill you with it you need to act like an animal. The animal is afraid of strong, confident opponent himself.
It all depends on how much you value yourself and your own life. If you value yourself as a person, as a human being, you will protect yourself. If you do not value yourself in any way, you have a bad, low self-esteem, then you will be a victim of circumstances. It’s my personal opinion.
Defend is always more difficult than attacking. It must be understood. Forward is already prepared – physically, psychologically, maybe he has some kind of weapon. Therefore, if the situation is obviously dangerous, do not wait, attack first. Minus is that in the case of the trial you will need to prove that you had the right, as felt or heard a clear threat to his life. Video cameras can capture it. For example, you hit the rapist after he repeatedly said, “I’ll slaughter, I’ll kill you,” and one of his hands, for example, disappeared from sight. It is important.
No need to fight for the sake of fighting. They blow, stunned rapist – and immediately run. You have to understand that this is not a sports match. Run!
Here are some simple techniques that are available to every woman. To master them well enough 3 months of regular exercise. You can bring to studies of her husband, a brother, a young man.