Birzhikeyeva Markhabat Art. Teacher
University "Turan-Astana" ,Kazakhstan

Zulkharnay Diana undergraduate

University "Turan-Astana",Kazakhstan

Characteristics of sexual crimes

Analysis of the crime situation in the Republic of Kazakhstan reflects the internal trouble our society.

From the point of view of criminal law any offense is immoral behavior, but only certain crimes violate norms of sexual morality.

Principles of sexual morality reflect the views of the ruling class of society to the conditions and nature of sexual relations.

Sexual morality - this system of norms reflecting views on gender relations and governing all aspects of sexual behavior of people in society.

Sexual freedom - the right of an adult to freely determine their sex life, that is, to decide to whom and in what form to satisfy their sexual needs.

This means that the violation of sexual freedom, even a close friend (friend, spouse) under certain circumstances does not exclude criminal liability for sexual crimes. The same applies to violations of the fallen woman (prostitute lumpen).

Sexual integrity - the right as an adult, and imperfect Delinquency (juvenile) against sexual integrity, a commandment.

Disruption of the normal process of sexual development minor, even in the absence of violence, causing serious damage tion specific personality and represents a significant danger to the public.

Sex crimes - one of the most dangerous types of criminal attacks on the person, aimed at a specific object of criminal law protection - sexual freedom and sexual integrity of the person, and largely due to the negative personality traits of their subjects committed.

In general criminal laws on sexual offenses are part of the social attitudes of society as to the proper human behavior in sexual relations.

Ensuring the integrity of the person, respect for her, is one of the most important guarantees of the inviolability of property. That is why the act in which physical violence is present, as a general rule should be punished more severely than those in which there is no violence. Centuries of human experience strongly suggests that if a person, her dignity and life are not properly secured, then it does not have the property. This mainly applies to the characterization of crimes against sexual freedom and sexual inviolability of the person. Violence here is very diverse, and our main task is to prevent them or to concentrate all their forces and take all possible measures to eliminate the consequences of crime.

Basis of sex is against sexual freedom, yuschaya presented an aspect of individual liberty and sexual integrity is vital to ensure that sexual freedom. Sexual relations also include the conditions of moral development of minors, conditions normal sexual life and way of sexual relationships, which are provided in the legislation.

At the moment we are interested in directly crimes against sexual inviolability and sexual freedom. It is this group of crimes outside the scope of my research.

Sex crimes are serious encroachments upon the person associated with the gross violations of the norms of public morality, and so severely punished enough for the local criminallaw. The general notion of a sexual offense described in the literature in different ways. Therefore, the optimal and complete it seems to me the following definition of a sexual offense.

Sex crimes - is the subject of deliberate acts against protected by the criminal law of sexual freedom and sexual integrity of his real or perceived partner. "

This definition provides the idea that they (sex offenders) can only be made in the sexual sphere, although some also affect other, sometimes equally important benefit of the person (honor, dignity, health and even life).

This definition comes from the fact that even rape have not primarily violence and sexual assault on the independence and freedom of the law punishes itself is not bond as such, but only forced its implementation.

This definition also introduced the idea that sex offenders always have a particular victim (even if he does not consider himself to be - for some non-violent acts). These crimes are not only highly selective psychophysical, but legally, they can not be "bezadresatnymi." In other words, sex crimes - is a crime against a partner, against those of its freedoms and interests, which is an essential element of legally protected sexual culture.

Rape has always been regarded as one of the most serious crimes against the person, and the guilty punished him very severely.

It can not be, because sexual relations play an important role in people's lives, affect the level of culture in society, and she sexual need is a basic life instincts. It is clear that this need is not punishable, and antisocial forms its satisfaction. In this civilized nation seeks as infrequently as possible to use force measures.

The Constitution of the Republic of Kazakhstan (section II) on a par with the generally recognized principles and norms of international law proclaimed "the right of everyone to life, the protection of dignity, liberty and security ..."

[1, 77] as one of the main areas of the state.

Thus, Chapter 1 of the Special Part of the Criminal Code, "Crimes against the person" includes acts that are associated with either an open sexual violence or are in flagrant violation of the norms of sexual morality consenting adults in relation to persons young age. The former include rape (Article 120 of the Criminal Code), sexual assault (Article 121 of the Criminal Code), coercion to perform sexual acts (Article 123 of the Criminal Code). Sexual intercourse and other sexual acts with a person under sixteen years of age (article 122 of the Criminal Code), sexual abuse (Article 12 of the Criminal Code) constitute the second group. All these crimes have as their object types sexual inviolability and sexual freedom of the individual. And, based on all previously said these crimes (in theory and in practice they are often referred to as "sex") can be defined as stipulated by the criminal law, socially dangerous acts, grossly violating the established social relations by way of sexual assault on sexual sexual integrity and freedom of the individual.

Depending on whether committed rape acquaintances or strangers injured persons of her age, the position occupied by the suspect during the investigation, they repeated commission of similar crimes and a number of other circumstances, the investigation process acquires certain features. Thus, when rape unknown, the first task of the investigator is to collect and consolidate evidence supporting the claim of the victim, to obtain information about the perpetrators and establish his identity. To this end, a scene examination and questioning of the victim, where, together with the circumstances of the offense being investigated marks of a criminal. In order to establish the victim's injuries and marks on clothes, the victim is subjected to inspection, and her clothing is removed and inspected. To confirm intercourse determine the severity of injuries, to establish their mechanism and limitations of their infliction, clarify the nature of the biological nature trails conducted forensic and biological research. Examine witnesses from the inner circle of the victim. Based on the testimony of the victim and other information available in the planned and implemented measures to search the culprit. If there are assumptions that similar crimes were guilty of repeatedly analyzed suspension and termination of criminal cases in this category, exemption materials, etc, etc.

The determination of guilt, as well as in cases where the person is known to the victim, the task of the investigator is to check his involvement in the crime. To this end, the suspect is interrogated, subjected to examination, his clothing is removed and inspected. For the detection of clothing in which the suspect was wearing at the time of the crime, as well as items that were in the moment with him, at his place of residence to conduct a search. If necessary, conducted forensic and biological research. During the criminal investigation into the rape suspect, as a rule, gives the following testimony:

- The victim does not know, earlier met with her and not rape

commit;

- Sexual intercourse with the victim was made with its consent;

- There is a slander on the part of the victim for personal reasons.

Statement suspect that previously did not meet with the victim and did not commit rape, can be refuted:

- The results of its identification of the victim;

- The testimony of witnesses who observed the meeting between the victim and

suspect;

- Search results produced in order to detect the suspect items and other items belonging to the victim or of which she mentioned in his testimony;

- The results of expert studies.

Insolvency position suspect the voluntary nature of sexual intercourse with the victim can be established by:

- Examination of the scene and damaged garments victim;

- Questioning the victim and witnesses from among those who saw the victim immediately after the crime, heard cries for help, the noise of the struggle and the like;

- Forensic examination;

- Detection of the suspect items used for bodily injury to the victim, demonstrating the reality of threats against her, as well as detection means ghost in her helpless condition.

In a situation where the victim and the suspect for some, sometimes a long time maintained between an acquaintance, friendship or even an intimate relationship, the question of a suspect in the actions of the offense taken by the investigator based on a thorough study of the personality of each of them, existing relations between them, establishing and groverkn possible motives slander. Information about this can be obtained from witnesses big environment of the victim and the suspect, of which existed between them correspondence, diaries and other documents.

And at the same time the number of crimes of sexual violence but steadily increasing. At the same time we should always remember that crimes against sexual freedom and sexual integrity are at the most latent and data which we operate, not fully reflect the real situation in the country as well as in general.

As you can see, the problem of rising sex crimes largely relevant. Ways to resolve it searched at various stages of development and implementation of the law. This process was inherent in a legislative act of all states. At the same time these heinous crimes are committed, and growing every year the degree of severity of abuse in relation to the victim.

Most of the sexual crimes committed under the influence of psychological reasons plan. It is in this area, I believe, should seek ways to prevent and reduce the number of this type of criminal assault. It should be noted that this kind of dangerous crimes revealed very bad (there is also an unusually high level of latency), and almost, if we bear in mind the purposeful work, not warned. At first glance, they have little to do with the social and living conditions of people, and economic life, but their in-depth study shows that in recent years a general destabilization more of them than ever before. Obviously, in these conditions and easier to awaken manifest basest instincts and desires, and at the same time, higher sense of impunity and permissiveness.

So right now we so desperately needed the help of various psychological services, which could handle not only the victim, but also the person to notice any abnormalities in their mental activity and anticipate that the desire to commit the crime.

Exactly as we see them the way to solve this problem. If you can not significantly reduce the number of crimes against sexual freedom and privacy and ensure security, it is necessary to learn to live on society, overcoming such "obstacles" with the fewest losses. You need to pay a larger share of attention to moral education, teaching the younger generation, to increase legal awareness Russians. We must not allow universal coarsening and reducing moral demands on themselves. That, to a large extent, in my opinion, will lead us to increase legal awareness and, as a consequence, to the stabilization of the country life in all spheres of its activities.

Literature:

1.Конституция РК

2. Уголовное право РК Агыбаев А. Алматы. Жети жаргы 2004

3. И.И. Рогов., Уголовное право Казахстана// учебное пособие //Алматы. Данекер 1998г