The term "sodomy" in modern Russian is used in two meanings: as a designation of homosexual contact between men (usually in a religious context) or as a purely legal term meaning a specific crime. Let's try to figure out what meaning is put into this word and what legal meaning it has.

"Sin of Sodom"

Thinking over the question "Sodomy - what is it?", Involuntarily you begin to remember the Bible. And indeed: this word came to the Russian language from Church Slavonic, and specifically - from religious law. In him, this term originally meant exclusively anal sex between two men.

A synonym for the term "sodomy" in church law is also the later name "sodomy", borrowed from European languages. This term is associated with the biblical legend about the city of Sodom, whose inhabitants became famous for such perverse behavior that they began to molest even the angels who appeared in the city to the only righteous man Lot. It should be noted that in the ecclesiastical legal sense sodomy is not only sodomy, but also all other sexual practices that are considered vicious from the point of view of the Church (masturbation, oral sex, even extramarital affairs).

Punishment for sodomy in old Russia

Initially, in Russia, the soddlers were treated quite softly. Criminal punishment under secular law was not provided for, and church punishments were limited to penance for a period of one to seven years - that is, almost the same as in fornication between a man and a woman.

However, over time, the situation has changed. Under the influence of Western Europe, articles for sodomy appeared in Russian law, which already provided for severe punishment. The most terrible thing for sodomites was, perhaps, the rule.In the first years under him there was a rule according to which for this crime was supposed to be burnt (a thing, in fact, for the Russian legal tradition, to put it mildly, uncharacteristic). Later, the punishment was mitigated: ordinary homosexual contact was punishable and those associated with rape - by indefinite exile.

Later, until punishment, they were practically not used. However, the Code adopted in 1832 (in fact, the first Russian criminal code) again contained provisions on responsibility for sodomy. Now the perpetrators were punished in prison for a period of at least three months, and under special circumstances (violence, sex with a minor) - already up to eight years. This punishment was formally in effect until the October Revolution.

By itself, pre-revolutionary law did not give a direct answer to the question about sodomy - what is it. However, in the practice of the courts, this crime was understood almost exclusively as anal intercourse.

Tolerant of the USSR?

In the early Soviet years, homosexuality was not banned. The old law of the times of the Russian Empire did not work, and there was no responsibility in the new criminal laws.

Moreover, the leadership of the Union even thwarted attempts to impose punishment for this in individual republics. The USSR of the twenties was not without reason considered a model of tolerance for sexual deviations. There was no article for sodomy in the USSR at that time.

Return to punishments

The situation changed in the early thirties. First, there were statements about sodomy, that it was an exclusively bourgeois perversion, intolerable in the Soviet state. The OGPU began arresting individuals suspected of unconventional connections. It was argued that sodomites create secret organizations with the aim of corrupting and politically corrupting youth. And in 1934, an article for sodomy was introduced into the Criminal Code of the RSFSR, and a little later - into the Criminal Code of other republics of the USSR. From that moment on, sodomy in the USSR again became a crime.

In Soviet legislation, it was said about sodomy, that this is any sexual contact between a man and a man. For voluntary sex, the punishment was imprisonment for up to five years, for violence or coercion - up to eight.

The exact number of those convicted under this article is unknown. It is believed that, on average, about a thousand sentences were passed in the USSR per year, but whether this is so is impossible to verify, since some of the criminal cases have been lost, and the absolute majority are still in closed archives. According to human rights activists, in general, under the article punishing sodomy, no less than 60 thousand people have served their sentences.

An interesting fact: only homosexual men were punished. Lesbian women in the USSR were never punished, and their addictions remained their personal business.

Abolition of criminal punishment

However, since the 70s, the opinion began to spread in the USSR that sodomy should be abolished. There is, for example, a joke: "Putting a sodomy in prison is the same as sentencing an alcoholic to a distillery." More seriously, it was argued that immorality in itself should not be considered a crime. However, up to the very end of the existence of the USSR, responsibility remained.

The situation changed after the collapse of the Union and the declaration of Russia's independence. Although in the first years of the existence of the Russian Federation, sodomy was still considered a crime (the old Soviet law was still applied), in 1993 the article was changed. From that moment on, punishment was due only for violent sodomy or for sex with a minor.

Modern Russian legislation on sodomy

Now in Russia there is no punishment for sodomy by itself. However, the term has survived. Now the punishment is provided only for sodomy or other actions of a similar nature (including lesbianism) committed with the help of violence, coercion, or in which the victim is a person who has not reached the “age of consent” (in Russia it is set at 16). Voluntarily adults and sane citizens have the right to do whatever they please.

Despite the fact that recently Russia has introduced responsibility for homosexual propaganda, there is no reason to believe that an article of the Criminal Code of the Russian Federation for sodomy will be introduced.

Situation of lesbians, gays, bisexuals, transgender people in the Russian Federation Kochetkov (Petrov) Igor

Criminal liability for homosexual relationships

Criminal prosecution of the very fact of homosexual relations has not bypassed the domestic legal space. The RSFSR Criminal Code of 1960, in its original edition, contained elements of the crime of "sodomy" (Article 121), according to which sexual intercourse between a man and a man was punishable by up to five years in prison. Sodomy with the use of physical violence, threats, or the use of the victim's dependent position was punished more severely than rape: imprisonment for up to eight years. Sodomy against a minor (without the use of violence) also entailed a stricter responsibility than heterosexual intercourse with a person under puberty, and was punishable by up to eight years in prison.

With the fall of the Soviet Union, democratic transformations in Russia led to the reform of criminal legislation. Already in 1991, at the official level, the need to decriminalize non-violent homosexuality was emphasized, and in 1993, Art. 121 of the Criminal Code of the RSFSR was changed: only sodomy committed with the use of violence or threats against a minor, as well as with the use of a dependent position or a helpless state of the victim, began to be considered as a crime, while the maximum liability for the corresponding crime was reduced to seven years.

The provisions of the current 1996 Criminal Code of the Russian Federation can be characterized as a step towards recognizing the admissibility of homosexual relationships:

1) the special part of the Criminal Code of the Russian Federation, containing specific elements of crime, no longer considers sexual relations between persons of the same sex as a crime as such;

2) despite the identification of two different offenses - rape (heterosexual intercourse, Art. 131) and violent acts of a sexual nature (including sodomy and lesbianism, Art. 132), - responsibility for these crimes is identical (in both cases, the punishment may be deprivation freedom for a period of three to six years with an unqualified staff and from four to ten years or from eight to fifteen years in the presence of qualifying signs, which are also formulated in the same way);

3) the Criminal Code of the Russian Federation considers jointly and equalizes crimes consisting of coercion to acts of a sexual nature (Article 133) and sexual intercourse and other acts of a sexual nature with a person under the age of sixteen (Article 134), regardless of their homosexual or heterosexual nature (that is, the age of consent for heterosexual and homosexual relationships is equalized), and responsibility in both cases is provided within the same framework.

Nevertheless, since the adoption of the Criminal Code of the Russian Federation, a number of politicians have attempted to amend the criminal legislation and introduce criminal liability for the promotion of homosexual relations, but none of the proposed projects was adopted.

Of particular note is the draft "On Amendments to the Criminal Code of the Russian Federation, Providing Criminal Responsibility for the Promotion of Homosexuality", proposed by the deputy A. V. Chuev several times during 2003-2006. in various editions. This bill was intended to criminalize "propaganda of homosexuality contained in a public speech, publicly displayed work or in the media, including through public demonstration of homosexual lifestyle and homosexual orientation", with liability in the form of deprivation of the right to hold certain positions or engage in certain activities.

It should be noted the position of the Government of the Russian Federation regarding the changes proposed by Chuev, expressed in official responses to the draft edition:

Since homosexuality itself is not a criminally punishable act, its propaganda cannot be considered as a socially dangerous encroachment on the object of criminal law protection. The proposed addition contradicts the provisions of Article 29 of the Constitution of the Russian Federation (in terms of restrictions on the expression of their opinions and beliefs), as well as Articles 8, 10 and 14 of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, which provide for the right to respect for private and family life, freedom of expression opinions and prohibition, discrimination.

In order to ensure the protection of sexual freedom and sexual inviolability for both men and women, the legislator has established criminal liability for crimes of a sexual nature, including sodomy and lesbianism, associated exclusively with violence or the threat of its use. In turn, the commission of actions of this nature by mutual agreement of the parties does not form not only corpus delicti, but also an administrative offense. In this regard, responsibility for the promotion of homosexuality in the absence of responsibility for homosexuality itself cannot be established. In addition, this proposal is inconsistent with the provisions of the Law of the Russian Federation of 27.12.1991 No. 2124-1 "On the Mass Media", in particular Article 4, which prohibits only the dissemination of information, the dissemination of which is prohibited by federal laws.

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I hope that this will be a whole cycle of posts about LGBT people, and it will begin with a digression into history. As you know, Stalin, in his desire to destroy as many people as possible, insisted on the adoption of a special criminal article to prosecute gays ... But is this really so?

Article 121 could not be applied if sexual relations began by mutual consent - to initiate a case, a statement from the injured party was required, and if there was no victim, there was no case. This, incidentally, was reflected in the Soviet textbook of criminal law. And the world experience of cases of sexual harassment shows that in most cases coercion occurs without the use of violence at all. For example, in the case of a boss-subordinate relationship.

Think about it. Equating sodomy with homosexuality is a blatant homophobic cliche. Sodomy is the attraction of a man by a man to anal sex. Moreover, the majority of those recruited under Article 121 are heterosexuals (!) In same-sex male groups - the army, schools, seminaries, and places of detention. Literal wording in the text of the article (in the last edition): "Sexual intercourse between a man and a man (sodomy), committed with the use of physical violence, threats, or against a minor, or with the use of a dependent position or the helpless state of the victim" - does not admit the interpretation that latent homophobes from the liberal parties give it. Moreover, Article 118 of the RSFSR Criminal Code provided for criminal punishment for the same acts committed against a woman. Therefore, demanding the repeal of Article 121 without other conditions is outrageous sexism. But in 1993, the 121st article was not canceled at all, but it was merged with the 118th as part of the 133rd article: "Forcing a person to have sexual intercourse, sodomy, lesbianism or other acts of a sexual nature by means of blackmail, threat of destruction, damage or seizure of property, or using the material or other dependence of the victim" ... That is, sodomy is prosecuted by both the Criminal Code of the Russian Federation and the Criminal Code of the RSFSR, but the punishment is significantly reduced. If you can see any discrimination in the text of the Criminal Code of the RSFSR, then it is discrimination against women, since for the same act committed against a man or a woman, different terms of imprisonment were provided. (up to 3 years of age 118 and up to 7 years of age 121). However, it should be borne in mind that the specifics of most of the crimes provided for in Article 121 are crimes committed in same-sex male groups - in secure facilities in special psychological conditions. As for other examples, such as the conviction of theater director Zinovy \u200b\u200bKorogodsky for sexual harassment of his subordinate, he did not even serve three years - that is, the term that would threaten him if his subordinate turned out to be a woman. By the way, I will draw your attention to the fact that this guy was held in the case as a victim, and not as a "accomplice")

Update: I want to say a huge thank you to everyone who expressed critical comments, argued and refuted my position, and opposed me on social networks. No, of course, I have not abandoned my point of view, it still seems correct to me. However, your comments helped me to understand one simple idea, which at first did not reach my consciousness blinkered by individualism: I really do not have enough convincing arguments to reject the already established notions of criminal responsibility for sodomy in the USSR. My grossest mistake was to cite article 121, as revised in 1993, shortly before its cancellation, when the most controversial first part was already excluded from it. Parajanov, which I cited as an example, also turned out to be unconvincing, since Parajanov was convicted under the second part of Article 121.

I believe that this will not be the last post touching on the topic of LGBT people and, most likely, after the end of the cycle of posts, I will start compiling whole material based on them - taking into account your criticism, dear commentators.

1. Sodomy, lesbianism or other actions of a sexual nature with the use of violence or with the threat of its use against the victim (victim) or other persons, or with the use of the helpless state of the victim (victim) -

are punished with imprisonment for a term of three to six years.

2. The same acts:

a) committed by a group of persons, by a group of persons in a preliminary conspiracy, or by an organized group;

b) connected with the threat of murder or infliction of grievous bodily harm, as well as committed with particular cruelty towards the victim (victim) or other persons;

c) entailing infection of the victim (victim) with a venereal disease, -

are punished with imprisonment for a term of four to ten years, with or without restraint of liberty for a term of up to two years.

3. Deeds stipulated by the first or second parts of this article, if they:

a) committed against a minor (minor);

b) entailed, through negligence, the infliction of grievous harm to the health of the victim (victim), his (her) HIV infection or other grave consequences, -

shall be punishable by imprisonment for a term of eight to fifteen years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, and with restraint of liberty for a term of up to two years.

4. Deeds stipulated by the first or second parts of this article, if they:

a) entailed, by negligence, the death of the victim (victim);

b) committed against a person under the age of fourteen -

shall be punishable by imprisonment for a term of twelve to twenty years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, and with restraint of liberty for a term of up to two years.

5. The acts provided for by paragraph "b" of the fourth part of this Article, committed by a person who has a previous conviction for a crime against the sexual inviolability of a minor -

shall be punishable by imprisonment for a term of fifteen to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, or life imprisonment.

Commentary on Art. 132 of the Criminal Code of the Russian Federation

1. The main object of sexual assault is similar to the object of rape, but the victim of this crime can be either a male or a female.

2. The objective side of the crime in question is characterized by actions - committing sodomy, lesbianism or other sexual acts with the use of violence or with the threat of its use against the victim (victim) or other persons, or using the helpless state of the victim (victim). In the case of the voluntary consent of partners in the commission of sexual acts specified in the law, there is no corpus delicti.

3. Under sodomy (a kind of homosexuality, male homosexuality, pederasty) means violent acts of a sexual nature through intercourse between a man and a man, the introduction of the active partner's penis into the anus (rectum) of the passive partner. Only a man can be a victim of sodomy.

Lesbianism as a female form of homosexuality (sapphism, tribadia) is understood as the forcible commitment by a woman against another woman of various sexual acts aimed at satisfying sexual desire through physical contact with the victim's genitals (imitation of sexual intercourse, contacts of the genitals with other parts of the body, masturbation etc.).

Other acts of a sexual nature should be understood as any other means of forcible satisfaction of sexual needs between men, between a woman and a man, between women in other forms other than rape, sodomy and lesbianism, for example, anal or oral contact between a man and a woman, between men. The same cases should include sexual contact between a man and a woman in a natural form in the case of the use of violence by a woman against a man, forcing him to copulate.

4. The Constitutional Court of the Russian Federation in its Ruling of 24.03.2005 N 135-O refused to accept for consideration the complaint of I.L. Chernyshev, who challenged the constitutionality of Art. 132 of the Criminal Code, containing, in his opinion, the ambiguity of the concept of "other actions of a sexual nature", indicating that Art. 132 of the Criminal Code, which criminalizes sexual assault, i.e. for sodomy, lesbianism or other actions of a sexual nature with the use of violence or with the threat of its use against the victim (victim) or other persons, or with the use of the helpless state of the victim (victim), and with the aim of protecting the individual from this kind of encroachment, as such constitutional does not violate the applicant's rights in a specific criminal case.

6. A crime shall be considered completed from the moment of the beginning of committing sodomy, lesbianism, other acts of a sexual nature with the use of violence, threat or helpless state of the victim (victim).

7. The subjective side of the crime is characterized by direct intent.

8. The subject of the crime is a sane male or female person who has reached the age of 14 years.

9. The qualifying signs specified in parts 2-5 of the commented article, with similar signs of Art. 131 of the Criminal Code are the same in terms of the list and content (see comments to Art. 131)