On the issue of recognizing sleep as a helpless state in the qualification of sexual crimes

The article examines the crimes provided for in Articles 131-132 of the Criminal Code of the Russian Federation. The author analyzes the features of criminal responsibility for rape or the commission of violent acts of a sexual nature committed using a helpless state. Based on the study of the types of helplessness recognized by practice at the level of the Supreme Court of the Russian Federation, including those that have developed in the qualification of murders, the possibility or impossibility of attributing natural physiological sleep to them is discussed on the examples of judicial practice in cases of rape and the commission of violent acts of a sexual nature.