Legal regulation of criminal responsibility for causing harm to health during performance of violent sexual crimes

The work is devoted to the consideration of one of the problems of the criminal legal assessment of harm to moderate health in the process of rape or sexual assault. The legal position of the highest courts is criticized, according to which moderate bodily harm in the process of committing rape or sexual assault is fully covered by the disposition of Article 131 or Article 132 of the Criminal Code of the Russian Federation and does not require additional qualifications under Article 112 of the Criminal Code of the Russian Federation. As a research method, the historical method is used - a comparison of the existing acts of interpretation of criminal legislation adopted by the Supreme Court of the USSR and the Supreme Court of the Russian Federation. A method is also used to compare the amount of punishment for committing violent sexual crimes and the amount of punishment that would be imposed if the punishment for the commission of these crimes were imposed on the totality of crimes under the rules of Art. 69 of the Criminal Code. Using this method, it is proved that the legislator, when constructing sanctions for violent sexual offenses related to causing damage to the injured person’s health, establishes a stricter liability than would be the case in the aggregate of crimes. Based on the application of this method, the position is substantiated that crimes of causing moderate harm to health in the process of committing rape or in the process of committing violent acts of a sexual nature should be qualified as an independent crime and the final punishment for causing this harm to health in the course of committing violent sexual crimes should be assigned together crimes.