A WOMAN IN CRIMINAL LAW: FEATURES OF CRIMINAL LIABILITY AND PROTECTION OF RIGHTS

ABSTRACT

This article delves into the intricate role of women in the sphere of criminal law, highlighting the importance of gender considerations in judicial practices. It acknowledges the profound impact that crimes have on family structures and the well-being of children, emphasizing the necessity for effective prevention and prosecution. The article discusses the challenges female victims face, such as proving the crime and overcoming prejudices. It also explores the potential for leniency in sentencing when women are defendants, weighing the implications for legal equality and justice. The need for judicial practices to protect women's rights and interests, ensuring adherence to equality and fairness principles is emphasized. It notes that the Russian criminal law does not fully address women’s needs, despite the formal principle of equality before the law, and it calls for legislative improvements to safeguard women’s rights effectively.

Keywords: women in criminal law, gender considerations, prejudice and stereotypes, leniency in sentencing, legal equality, rights and interests of women, Russian criminal law, discrimination.

In modern criminal law, issues related to the position of women hold a significant place. Discussing women as special subjects of crime is important both from the standpoint of legal science and in the context of social justice and equality. Examining this topic allows for the identification and analysis of the peculiarities of women’s criminal responsibility, as well as the influence of gender aspects on law enforcement practices.

A special subject of crime in criminal law is a person who, in addition to general characteristics such as sanity and reaching a certain age, must possess additional special characteristics as provided by law. These characteristics may be related to personal, professional, social, or other traits that make the commission of a certain crime possible or conditional [1].

For women as special subjects of crime, criteria related to their role in the family or society may apply. For example, the crime stipulated by Art. 106 of the Criminal Code of the Russian Federation is linked to motherhood and may only be committed by women, making them special subjects in this case. Additionally, particular attention is paid to crimes against sexual freedom and integrity, where women can be both objects and subjects of the crime.

Furthermore, sociocultural factors can make a woman a special subject of crime. For example, a woman’s status in society, male dominance, social pressure, and stereotypes can influence her behavior and motivation to commit a crime.

In the Middle Ages, women could be held accountable for a limited range of crimes, often related to morality and ethics. With the development of civil society and human rights in modern times, the foundations of gender equality before the law, including criminal law, began to form. In the 20th century, the process of strengthening women’s rights and freedoms received a new impetus. For example, in the early 20th century, women in Russia gained the right to education and work, which in turn led to the expansion of their rights to protection in criminal law.

The feminist movement and international conventions have contributed to changes in legislation towards ensuring equal rights and responsibilities for men and women. In criminal law, this has been expressed in establishing equal criminal responsibility for committing crimes, as well as in recognizing specific crimes that can only be committed by women [2].

In modern Russian criminal law, a woman can act as both a general and a special subject of crime. Special attention is paid to protecting women’s rights, including protection from violence and discrimination. Articles of the Criminal Code of the Russian Federation provide for responsibility for crimes against sexual freedom and integrity, as well as crimes against family and children, where women often act as victims. They have equal rights with men when committing crimes and are subject to the same punishment for engaging in criminal activities.

Crimes against sexual freedom and integrity occupy a central place in criminal law and are often associated with gender characteristics. In the Criminal Code of the Russian Federation, this is Section VII, Art. 131-135, which include such crimes as rape, violent acts of a sexual nature, and coercion to perform sexual acts. Women often appear as victims in such cases, requiring special attention to their protection and support [3].

The importance of these crimes is not only due to their prevalence but also due to the serious consequences for the victims, including physical and psychological trauma. The approach to investigating and adjudicating these cases requires special sensitivity and professionalism to avoid women’s secondary victimization.

Crimes against family and minors are also related to gender aspects. They include failure to fulfill parental obligations, cruel treatment of minors, and evasion of child support payments. Women can be both subjects and objects of these crimes, requiring consideration of their special status and needs in investigation and punishment. These crimes have a significant impact on family structure and children’ well-being, making prevention and effective prosecution important tasks of criminal law.

In judicial practice concerning cases involving women as subjects of crime, gender characteristics must be taken into account. Female victims often face difficulties in proving the fact of the crime, as well as prejudices and stereotypes. The issues of protection and support for female victims require special attention. At the same time, consideration should be given to the possibility of leniency on the part of the court when a woman is accused. This can manifest in the imposition of a lighter sentence or the granting of a deferral of punishment. However, such an approach can also be subject to criticism in terms of ensuring equality before the law and the necessity of upholding the principle of justice.

Analyzing judicial decisions allows to identify both positive examples of fair justice and instances where adjustments to approaches and methods of handling such cases are necessary. It is crucial to ensure that judicial practice contributes to the protection of the rights and interests of women, both as victims and defendants, and reflects the principles of equality and justice.

Russian criminal law takes into account the peculiarities of women as a special subject, but the application of laws does not always correspond to their real needs. The principle of equality of citizens before the law, described in Art. 4 of the Criminal Code of the Russian Federation, guarantees that a woman should not be punished more severely than a man for the same crime and vice versa. Moreover, legislation provides for lighter punishment for pregnant women and women with small children. However, women often encounter discrimination and stereotypes when facing criminal proceedings, which complicates access to a fair trial and effective protection of their rights. Measures are needed to improve both legislation and criminal proceedings and enhance international cooperation to protect women’s rights. As a result, the criminal justice system will become fairer and more effective for everyone, regardless of gender.

References:

1.    Antonov, V. P., Belozerova, I. I., Bertovsky, L. V., et al. (2018). Criminalistics: A textbook for bachelors. Moscow: RG-Press. ISBN 978-5-9988-0671-1. [Online]. Available: http://ebs.prospekt.org/book/39680 (Accessed: April 2, 2024).

2.    Dmitrieva, E. S. (2023). Evolution of norms of criminal law in the struggle of women for gender equality. Agrarian and land law, 6(222). [Online]. Available: https://cyberleninka.ru/article/n/evolyutsiya-norm-ugolovnogo-prava-v-borbe-zhenschin-za-gendernoe-ravenstvo (Accessed: April 2, 2024).

3.    Leonova, T. V., Malkov, S. M., Primak, A. A. (2008). Criminal liability for violent acts of a sexual nature: a textbook. Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of Russia.

4.    Dubonosov, E. S. (2012). International legal aspects of ensuring the safety of participants in criminal proceedings. Izvestiya TULGU. Economic and legal sciences, 3-2. [Online]. Available: https://cyberleninka.ru/article/n/mezhdunarodno-pravovye-aspekty-obespecheniya-bezopasnosti-uchastnikov-ugolovnogo-sudoproizvodstva (Accessed: April 2, 2024).