Russia -- Age of Consent

[Cool Teen Sites]

Update:  06-29-2002:

Friday, Jun. 28, 2002. Page 4
Duma Votes to Raise Age of Consent to 16
By Peter Graff 
Reuters
The State Duma voted Thursday for a measure that would raise the age of sexual consent, outlaw child pornography and provide new penalties for those who lure children into the sex trade.

The bill, passed overwhelmingly in the first of three readings, aims to close legal loopholes that Russian and foreign law enforcement agencies say make it hard to protect the country's children.

The age of consent for sex would be raised from 14 to 16. The new criminal statutes would explicitly forbid luring children into the sex trade and provide jail sentences of up to six years for spreading "mass public corruption of children" through media and communications networks.

"The sex industry, the sale of minors into sexual slavery, is taking on an ever more threatening scale," Svetlana Goryacheva, chairwoman of the Duma's women, children and youth affairs committee, told the lower house of parliament.

"If we do not take measures, pedophiles of all stripes will flock to Russia and build a genuine brothel here," she said in remarks reported by Interfax.

Earlier this month, the U.S. State Department cited the low age of consent as one of the reasons it included Russia on a blacklist of states not doing enough to fight human trafficking. The State Department said Russian law made it difficult to prosecute those who lure Russian children into the sex trade.

Russian law does not currently distinguish pornography involving children from that involving adults, and Western law enforcement agencies say Russia has become a major -- perhaps the main -- source of child pornography on the Internet.

In a number of high profile cases in the past three years, prolific Russian child pornographers were released or served only very brief sentences, while some of their clients in the West were given long jail terms for buying their products.

Possession of child pornography in Russia is currently legal, and filming it is legal unless police can prove the children were 13 or younger.

The 14-year age of consent, enacted in the mid-1990s as part of measures aimed at liberalizing harsh Soviet-era sexuality laws, was also criticized by police for encouraging child prostitution and sex tourism -- when foreigners travel to Russia specifically to have sex with children.

Last year, a Russian police investigation into a pornography ring that distributed child sex videos via the Internet helped U.S. law enforcement officials arrest four U.S. nationals, including an Indiana man who had traveled to Moscow to have sex with young boys.

The Russian officers in charge of the case, called Operation Blue Orchid after the name of the pornographers' web site, lamented at the time that existing legislation did not allow them to arrest the American because the boy he had propositioned was 14.

Update 01-2001:

Source:  http://www.actwin.com/eatonohio/gay/world.htm

RUSSIA LAWS: 1. Has no sodomy laws, the age of sexual consent is 14 for oral sex, and 16 for anal sex. Sexual intercourse, muzhelozhstvo [anal intercourse between men], or lesbianism wittingly committed by a person over 18 on a person under 16 is punished by limitation of freedom up to 3 years or deprivation of freedom up to 4 years.
2. Homosexuals are banned from the military.
3. The Russian Health Ministry's new classification of mental and  behaviour disorders no longer categorises "homosexual orientation" as a "personality disturbance" or any other kind of problem.
COURT:1. A court in Moscow ordered a newspaper to pay a fine for an article it did claiming the countries gay publication promotes necrophillia and pedophillia, it must also publish a retraction of its earlier story.
NOTE: 1. Vladimir Putin, President of Russia, is anti-gay.

Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/

Russia - Russie (Fédération de) - Rusia (Federación de)                   Moscow

I. Ages for legal purposes
Age of simple majority
The age of full majority is eighteen (18) years, established by the Civil Code. Additionally, a person
from sixteen (16) to eighteen (18) can be recognised as of full majority by court decision. He is then
liable to criminal and civil proceedings.

* Liability of minors before six (6) years old :
Children of this age are not able to be responsible for their actions at all.

* Liability of minors from six (6) to fourteen (14) years old :
These persons can conclude petty bargains and commit other more detailed actions. Persons aged
under fourteen (14) can not be liable at all, according to the Criminal Code.

* Liability of minors from fourteen (14) to sixteen (16) years old :
Persons of this age can be liable to civil proceedings and criminal proceedings restrictedly.

*Liability of minors from sixteen (16) to eighteen (18) years old :
Persons of this age can be civilly liable restrictedly but they are liable to committing criminal actions fully.

Age of consent for sexual activity
There is no special age established by law. It can be established by special forensic examination.

Age of consent for marriage
As a rule, it is the age of majority. But in some cases, a person can be recognised as a person of
majority before eighteen (18) by court decision.

II. Rape
"Crimes against the sexual inviolability and sexual freedom of the individual’, Chapter 18, Article 131
" (1) Rape, that is sexual relations with application of force or with threat of its application to the
victim or to other persons, or by making use of the helpless state of the victim,
is punishable by imprisonment for a term of from three (3) to six (6) years. "

In the second paragraph of the same article, alinea e, " rape is punishable by imprisonment for a
term from four (4) to six (6) years if the victim is a person known to be a minor. "
Finally, when the victim is known to be under the age of fourteen (14), it is punishable for a term
from 8 to 15 years. (Alinea c)

III. Other forms of child sex abuse
‘Forced actions of a sexual character’, Chapter 18, Article 132
" Homosexuality, lesbianism and other actions of a sexual character with application of force or
with threat of its application to the victim (male or female), or to other persons, or making use of
the helpless state of the victim (male or female) ,
are punishable by imprisonment for a term of from three (3) to six (6) years. "

If the act is performed in regard to a person who is known to be a minor (male or female), it is
punishable by imprisonment for a term from four (4) to ten (10) years (Art. 132, Par. 2, al. e).
Finally, if the act is performed in regard to a person known to be under the age of fourteen (14), it is
punishable by imprisonment for 8 to 15 years (Art. 132, Par. 3, al. c).

‘Sexual relations and other action of a sexual nature with a person under the age of sixteen (16)’, Chapter 18, Article 134
" Sexual relations, homosexual or lesbian acts, performed by a person who has reached the age of
eighteen (18) with a person who is known to be under the age of sixteen (16), are punishable by
limitation of freedom for a term of up to three (3) years, or by imprisonment for a term of up to four
(4) years . "

’Lewd conduct’, Chapter 18, Article 135
" Performance of lewd actions without the application of force in regard to a person known to be
under the age of fourteen (14), is punishable by fine in the amount of from 300 to 500 times the
minimal amount of the labour wage, or in the amount of the labour wage or other income of the
convicted person for a period of from 3 to five (5) months, or by limitation of freedom for a term of
up to two (2) years, or by imprisonment for a term of up to three (3) years. "


IV. Child prostitution
There is no specific legal provision in the legislation of the Russian Federation concerning the
offence of child pornography.

‘Compulsion to actions of a sexual character’, Chapter 18, Article 133
" Compulsion of a person to engage in sexual relations, homosexuality, lesbianism or to perform
other actions of a sexual character by means of blackmail, threat of destruction, damage or seizure of
property or with the use of the material or other dependence of the victim (male or female), is
punishable by fine in the amount of from 200 to 300 times the amount of the minimal labour wage or
in the amount of the labour wage or other income of the convicted person for a period of from 2 to 3
months, or by correctional work for a term of up to 2 years, or by imprisonment for a term of up to 1
year. "

V. Child pornography
Article 242 Unlawful distribution of pornographic material or objects
Unlawful preparation for purposes of distribution or advertisement of pornographic materials or
objects, and likewise the unlawful trade in printed matter, films, or video materials, depiction’s or
other objects of a pornographic character,
are punishable by a fine in the amount of from 500 to 800 times the amount of the minimal labour
wage or in the amount of the labour wage or other income of the convicted person for a period from
5 to 8 months, or by imprisonment for a term of up to 2 years.

EDITOR:  We don't speak the language but are told this is the documentation which shows the age of consent as 14.  Further documentation at the bottom of this page.  This is the first time we have received any information on Russia.

UPDATE:  Translator comments at the bottom of the page.

EDITOR:  We have received rather negative comments about including the address for the boy-lovers organization in this section.  First and foremost -- this is a research site and that is the source of the information.  95% of the people who email us want their name removed so they can be "hidden".  This organization did not request we hide their "name" so we didn't.

ÂÎÇÐÀÑÒ ÍÀ×ÈÍÀß Ñ ÊÎÒÎÐÎÃÎ ÌÎÆÍÎ ÂÑÒÓÏÀÒÜ Â ÏÎËÎÂÛÅ ÎÒÍÎØÅÍÈß

Ýòà òàáëèöà îòðàæàåò âîçðàñò, ñ êîòîðîãî ëþäè ðàçëè÷íîé ñåêñóàëüíîé
îðèåíòàöèè, ïðîæèâàþùèå â ðàçíûõ óãîëêàõ íàøåé ïëàíåòû, ìîãóò ïî çàêîíó âñòóïàòü
â ïîëîâûå ñâÿçè. Êàê âû ìîæåòå âèäåòü èç òàáëèöû, ãîìîñåêñóàëèñòû (ãåè è
ëåñáèÿíêè) ïîäâåðãàþòñÿ äèñêðèìèíàöèè âî ìíîãèõ ñòðàíàõ. Öåëüþ ñîçäàíèÿ ýòîé
ïîäáîðêè ÿâëÿåòñÿ èíôîðìèðîâàíèå ëþäåé î òîì, ñ êàêîãî âîçðàñòà çàêîííî çàíèìàòüñÿ
ñåêñîì ñ äðóãèì ëèöîì òîãî æå èëè ïðîòèâîïîëîæíîãî ïîëà. Ýòî íåîôèöèàëüíûé äîêóìåíò.
Ìû íå ãàðàíòèðóåì òî÷íîñòü è ïðàâèëüíîñòü èíôîðìàöèè, èçëîæåííîé â òàáëèöå. Îíà
ñîñòàâëåíà â îñíîâíîì ñî ñëîâ ÷èòàòåëåé. Ïîæàëóéñòà íå çàïðàøèâàéòå
äîïîëíèòåëüíóþ èíôîðìàöèþ, åñëè îíà îòñóòñòâóåò â òàáëèöå, ìû íå çíàåì åå.

FROM:  web-master at BoyLovers of Russia
Hi!  Age for sexual attitudes (relations) in Russia - 14 years.

Source:  http://abr.virtualave.net/consent.htm

Yours faithfully,
BoyLoveRu:  www.boylove.ru

From: "IAN BAGGER"
Organization: UCLA School of Law
To: research@ageofconsent.com
Date: Fri, 26 Feb 1999 18:43:24
Subject: Russia

The information at your site, http://www.ageofconsent.com/russia.htm, is actually a heading from the webpage referred to at the end, http://abr.virtualave.net/consent.htm. It functions as a disclaimer in much the same way as yours does. This is a page, in Russian, that appears to actually be a translation of your own page at http://www.ageofconsent.com/ageofconsent.htm, and contains roughly same information. It appears as a subpage of one "Boylover's Association of Russia" homepage at http://abr.virtualave.net/general_information_list.htm, which also bears a copy of the Russian statute outlining the age of consent, and various ages at which one is subject to prosecution as an adult.

I wasn't up to translating most of it (every bit as readable as American statutes), but a cursory reading seems to indicate that 16 is the age of "responsibility," to use the jargon of the statute.

Fourteen is the age, by the way, at which one may be prosecuted as an adult for the commission of murder. No information about the Russian age of consent is provided in the information posted at http://www.ageofconsent.com/russia.htm. Thought you'd like to know.

Ian G. Bagger, 3L UCLA School of Law

UPDATE E-Mail:

Subject: hELLO fROM rUSSIA!
Date: Tue, 5 Oct 1999 13:08:02 +0600
From:   "Harry Permsky" <harry@raid.ru>
To:     research@ageofconsent.com

I want to tell you something of Russian age of concern law. The latest
changes were made in 10 of June 1998.
Here I am enclosing those changes in Russian (for whom be interested can
find all nessessary info where to look)

=====

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ï ÷HåCåHéé éúíåHåHéê é äïðïìHåHéê
÷ õçïìï÷Hùê ëïäåëC PïCCéêCëïê æåäåPáãéé

ðpÉÎÑÔ
çÏÓÕÄÁpÓÔ×ÅÎÎÏÊ äÕÍÏÊ
20 ÍÁÑ 1998 ÇÏÄÁ

ïÄÏÂpÅÎ
CÏ×ÅÔÏÍ æÅÄÅpÁÃÉÉ
10 ÉÀÎÑ 1998 ÇÏÄÁ

CÔÁÔØÑ 1. ÷ÎÅÓÔÉ × õÇÏÌÏ×ÎÙÊ ËÏÄÅËÓ PÏÓÓÉÊÓËÏÊ æÅÄÅpÁÃÉÉ
(CÏÂpÁÎÉÅ ÚÁËÏÎÏÄÁÔÅÌØÓÔ×Á PÏÓÓÉÊÓËÏÊ æÅÄÅpÁÃÉÉ, 1996, N 25,
ÓÔ. 2954) ÓÌÅÄÕÀÝÉÅ ÉÚÍÅÎÅÎÉÑ É ÄÏÐÏÌÎÅÎÉÑ:
....

5. ÷ ÎÁÚ×ÁÎÉÉ É ÔÅËÓÔÅ ÓÔÁÔØÉ 134 ÓÌÏ×Ï "ÛÅÓÔÎÁÄÃÁÔÉÌÅÔÎÅÇÏ"
ÚÁÍÅÎÉÔØ ÓÌÏ×ÏÍ "ÞÅÔÙpÎÁÄÃÁÔÉÌÅÔÎÅÇÏ".
....
=====

Federal Law about changes in The criminal code of the State.

Article 134: word" sixteen years" change to "fourtee years".

Article is about this age. It involved all sex hetero- homo.
I am erotic photographer and this is vital information to me.

Hello.
It means that since 14 years old a boy/girl can have sexual relations in
any way. To pose nude I must have parents agreement up to 18 years old. Sinse
18 years old no parents agreement needed to pose nude/erotic/porno. If parents
agee (I am very much doubt about it, but there are legal possible) I can
take erotic/porno pictures from 14 years old girl.

Thank you.
Harry Red, erotic photographer
young teens, russian amateurs
http://www.tri.raid.ru/harry/legal/

LEGISLATION
Legal Position of Russian Lesbians and Gays

CONSTITUTIONAL LAW


The new, democratic Constitution of the Russian Federation was
adopted on December 12, 1993. Article 19 of the Russian Constitution
provides a formal 'equal treatment' provision stipulating that the state
shall guarantee the equality of human rights and freedoms irrespective
of gender, race, ethnicity, language, origin, material or official
position, residence, religion, opinion, membership in public
associations, as well of other circumstances. Sexual orientation is not
explicitly mentioned. Theoretically, it may fit into the category of
'other circumstances', though none of Russian legal scholars has ever
pronounced on the issue.[1]

The Russian Constitution contains explicit references to the supremacy
of international covenants and agreements on human rights.[2] Article
46.3 of the Constitution further provides for the right to file claims
with the international bodies for the protection of human rights upon
exhaustion of domestic means.

The Russian Federation is a member of the Council of Europe since
1996.[3] Russia ratified the European Human Rights Convention in
1998[4] and undertook to abide by the final judgment of the
European Court for Human Rights in any case to which the Russian
Federation is a party. Although the Convention or the additional
'anti-discrimination' Protocol No. 12 currently open for signature by
member states do not mention explicitly sexual orientation, it has
been argued that the Convention provides sufficient safeguards for a
sexual orientation discrimination case to be considered on the merits
by the European Court for Human Rights.[5] Recent developments in
the case law of the Court support this point of view.[6] A claim to the
European court is the last resort for Russian lesbian and gays who are
unable to get protection in sexual orientation discrimination cases
from the Russian conservative judiciary.[7]


CRIMINAL LAW


Since 1993, consensual male homosexuality is not a criminal offence
under the Russian penal law.[8] Female homosexuality has never been
legally prosecuted, although some reports suggest that until early 90s
Soviet lesbians were subjected to forced psychiatric treatment.[9]

The new Criminal Code of the Russian Federation entered into force
on 1 January 1997.[10] The new code embraces 'separate but equal'
concept – two mirroring articles provide precisely the same penalties
for a rape (presumed to be heterosexual) and 'forced actions of sexual
nature' which include buggery and lesbianism.[11] Damage to health,
HIV infection or death of the victim, or against a minor aggravate the
punishment in both cases. These articles are the only ones that make
explicit references to respective gender of the perpetrator and the
victim. The following article 133 - prohibiting 'coercion into actions of
sexual nature' - uses an open-ended list of offences which includes
'sexual intercourse [presumed to be heterosexual], buggery,
lesbianism or other actions of sexual nature' irrespective of the gender
of the victim.

The consent age was initially set at 16 years both for hetero-, and
homosexual intercourse.[12] In 1998 the consent age was further
lowered to 14 years.[13] Article 134 of the Criminal Code penalizes
'sexual intercourse, buggery or lesbianism' committed by a person
over 18 on a person 'admittedly under 14 years old'. Article 135
further prohibits 'corruption of morals carried out without the use of
force against a person admittedly under 14 years old'. 'Corruption of
morals' is a fairly broad concept that includes, inter alia, sexual
intercourse in presence of the adolescent, exhibitionism,
demonstration of pornographic videos or pictures, reading of
pornographic literature.[14] The word 'admittedly' (zavedomo) means
that the perpetrator can only be held liable if s/he had known or
surmised that the adolescent was under 14 years old.[15]

The Russian Criminal Code prohibits incitement to ethnic, religious or
racial enmity[16], but this list is exhaustive and cannot be applied to
homophobic hate crimes. There is no specific gay hate crime laws in
Russia.


CIVIL AND FAMILY LAW


From the point of view of the Russian civil law, the status of same-sex
couples is no different from that of roommates. There is no law on
registered partnerships in the Russian Federation, nor does the
Russian Civil Code recognize de facto cohabitation as having any legal
consequences.

The Russian Family Code defines 'marriage' as a union of one man
and one woman.[17] Although foreign marriages are generally
recognized in the Russian Federation,[18] same-sex marriages (e.g.
on the Dutch model) may not be honored as contradictory to the
'public order'.[19]

Only married couples or single individuals may adopt children.[20]
Joint adoption by same-sex partners is illegitimate, nor are partners
able to adopt each other's children.


HOUSING LAW


All Russian residents are under an obligation to register their
residence with the local police department.[21] In bigger cities, such
as Moscow and St. Petersburg, this requirement is strictly enforced
and the police cracks down on 'non-registered' residents.[22] The
Moscow Mayor introduced a system under which a new resident must
first get an approval from the municipal authorities. We know of
several instances where same-sex partners have been denied the
permission to dwell together on various formal grounds, such as
'absence of kinship' or 'sanitary norms'.[23] Although the Russian
Constitutional Court has pronounced on the unconstitutionality of such
practices,[24] they remain in place.[25]


LABOR LAW


The Russian Labor Code prohibits the discrimination of job applicants
and discriminatory dismissals in general terms;[26] again, sexual
orientation is not explicitly mentioned. We know that openly lesbian or
gay persons are often discriminated at the job application stage or
fired after 'coming out',[27] but to date there has been no attempt to
appeal those instances of discrimination in court. A test case is hard to
come by since there are no witnesses willing to testify in favor of a
homosexual person for the fear of losing their job.

Review prepared by Nikita A Ivanov, November 2000



[1]Kurdiavtsev, Yuri et al. (1996), Postateiny kommentariy k Konstitutsii Rossiyskoi
Federatsii (Moscow: Fond "Pravovaya Kultura")

[2]Article 15.4 of the Constitution of the Russian Federation provides that 'generally
recognized principles and norms of the international law and international treaties
[concluded] by the Russian Federation shall be an integral part of its legal system. If an
international treaty [concluded] by the Russian Federation provides for the rules
different from those in the [domestic] law, the rules of the international treaty shall be
applicable."

[3]Council of Europe Committee of Ministers Resolution (96)2 Invitation to the Russian
Federation to Become a Member of the Council of Europe; The Russian Federation
Federal Law No. 19-FZ On the Accession of Russia to the Statute of the Council of
Europe of 23 February 1996.

[4] The Russian Federation Federal Law No. 54-FZ On Ratification of the Convention
for the Protection of Human Rights and Fundamental Freedoms and Protocols Thereto
of 30 March 1998. The Convention entered into force for the Russian Federation on 5
March 1998.

[5] See Wintemute, Robert (1997) Sexual Orientation and Human Rights (Oxford:
Clarendon Press), pp. 91-149 passim.

[6] See, e.g., Beck, Copp and Bazeley v. the United Kingdom (5/9/2000) where the
United Kingdom 'anti-gay' military policies have been successfully challenged.

[7] See the Omsk case below and also Ivanov, Nikita (2000), 'How Judges Rule' The
Moscow Times, 15 November 2000, p.6

[8] The Russian Federation Law No. 4901-I of 29 April 1993 (entered into force on 17
May 1993)

[9] Gessen, Masha (1994) The Rights of Lesbians and Gay Men in the Russian
Federation: An International Gay and Lesbian Human Rights Commission Report (San
Francisco: IGLHRC), pp. 17-18

[10] The Russian Federation Criminal Code No. 63-FZ of 13 June 1996.

[11] Articles 131 and 132 of the Criminal Code. The Russian word for male sexual
intercourse is ' muzhelozhstvo' or literally 'a man lying with a man', we will use the
word 'buggery' as the closest in usage.

[12] Article 134 of the 1996 drafting of the Criminal Code.

[13] The Russian Federation Federal Law No. 92-FZ of 25 June 1998 (entered into
force on 27 June 1998)

[14] Naumov, Dr. A.V. et al. (1997) Postateinyi Kommentariy k Ugolovnomu Kodeksu RF
1996 g. (Moscow: Gardarika), notes on Article 135.

[15] Ibid., notes on Article 134.

[16] Article 282 of the Criminal Code.

[17] Articles 1.3 and 12.1 of the Russian Federation Family Code No. 223-FZ of 29
December 1995

[18] Article 158 of the Family Code.

[19] Article 167 of the Family Code. See, e.g., Kuznetsova, I.M. et al. (1996)
Kommentariy k Semeinomu Kodesku RF (Moscow: Izdatel'stvo BEK), notes on Articles
12 and 167.

[20] Article 125.1 of the Family Code and Regulations on Transfer of Children for
Adoption and Exercise of Control over their Living Conditions and Education in Adoptive
Families in the Territory of the Russian Federation approved by Resolution 275 of the
Russian Federation Government of 29 March 2000

[21] Rules of Registration and Unregistration of Russian Federation Citizens' Permanent
and Temporary Residence within the Russian Federation approved by Resolution 713 of
the Russian Federation Government of 17 July 1995 (as amended on 16 March 2000)

[22] See, e.g., Human Rights Watch World Report 1999 stating that 'the Moscow city
police continued to enforce registration rules in a predatory and discriminatory way,
beating and extorting bribes…', or Human Rights Watch World Report 2000 confirming
that 'the Moscow city government unleashed a ferocious crackdown on
non-Muscovites,… forced all non-Muscovites to re-register with police and housing
authorities, and rounded up and "deported" from the city limits thousands who lacked
registration documents".

[23] Personal interviews in 1998-2000.

[24] Ruling No. 4-P of the Russian Federation Constitutional Court of 2 February 1998.

[25] 'Residence Permits Stay, Mayor Says' The Moscow Times, 11 March 1998

[26] Articles 16, 40-2 and 77 of the Russian Federation Code of Labor Laws as of 25
September 1992 (as amended on 30 April 1999)

[27] Personal interviews in 1998-2000. Unlawful lay-offs were wide-spread after the
financial collapse in August 1998; economic hardships were often used as a pretext to
get rid of 'unwanted' employees.

(Archived from http://www.gay.ru/english/communty/law/review00.htm)

Feb 2001
In Moscow alone, there are an estimated 1,000 child prostitutes, many of them working around the city's grim stations and
controlled by the mafia. There are also rising numbers of minors plying the trade in Warsaw, Prague, Bucharest, Budapest and the Baltic capitals. Experts say the phenomenon is growing in Eastern Europe because of severe poverty, the power of the mafias and the fact that in some of the former Soviet satellite countries, the law authorizes sexual relations for people as young as 14.
From:  http://www.chula.ac.th/INSTITUTE/ARCM/sep96.htm

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