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Questions of qualification of Pregnancy as a Consequence of Rape



A.E. Kozlov
m0326830@mail.ru
senior lecturer at the Department of Criminal Law of State Institute of Economics, Finance, Law and Technology, PhD in Law
Gatchina
The issues of qualification of pregnancy as a consequence of rape are considered in the article, the views of experts on assessment of pregnancy resulting from rape are studied as well as possible options for resolution of conflicting views on assessment of pregnancy occurring as a result of rape are presented.

Keywords:

  • rape
  • consequences of rape
  • pregnancy
  • qualifying circumstance
  • perpetrator's bona fide ignorance
  • The article covers one of the most topical and work-in-progress issues in the modern criminal law: a matter of qualification of pregnancy as a result of rape. The structure of the article is based on the general-to-specific principle. It is composed of indication of plurality of experts’ viewpoints regarding the subject at hand, the author’s assessment of existing theories regarding the problem under study; submission of the way of solving the problem. The stated research has been conducted with the use of formal logic techniques along with the method of analysis and synthesis. Giving a summary the author suggests that an appropriate legislation should be amended: to wit, that the Plenum of the Supreme Court of the Russian Federation should specify pregnancy of a victim as “a kind of other serious consequences of rape”. This step, in the author’s opinion, will increase liability of the persons guilty for inflicting additional sufferings on the victim.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5