Force And Threat Of Violence Are As The Ways Of Commission Of Rape: National And Foreign Experience

Abstract

Rape and other sexual assaultsare commonly committed in industrialized countries, and are becoming more common throughout the world. Insome countries’ jurisdictions, male-female rape is the only form of rape counted in the statistics. many countries may not define forced and threat of violence sex on a spouse as “rape”. But those criminal acts are considered a crimein criminal law which belongs to those countries. Although rape is expressed the same in the legislation of different countries, it differs in some. rape as a crime is three the ways of commission crime. They are force, threat and sexual intercourse committed by abuse of helpless. Sometimes rape is committed by other means, with children, serious bodily injury and others. Some terms are used by legislation of different countries. They are: sexual act, sexual contact, force, threat, abuse of helpless, serious bodily injury from rape, by other means. Rape is committed by force or threat knowingly causes another person to engage in a sexual act by using force against that other person or by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. On other hand rape is committed by other means knowingly renders another person unconscious and thereby engages in a sexual act with that other person or administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby substantially impairs the ability of that other person to appraise or control conduct and engages in a sexual act with that other person or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. Rape is committed with children means that criminal act knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstances with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than the person so engaging). But in the criminal code of Uzbekistan with children is considered in a sexual act with another person who has not attained the age of 14 years.

This article illustrates that the ways commission ofrape, including the theoretical and practical problems of the ways commission of rape. As well as in this article are given relevant conclusions, suggestions and recommendations by the analysis of the criminal law of developed foreign countries (USA, Canada, England and Wales, New Zealand, Germany, France and Russia).

In addition, proposals and recommendations for further improvement of the criminal legislation of the Republic of Uzbekistan.