Nujedat W. Forensic characteristics and basic provisions of the investigation of rape

The dissertation is a complex monographic study of the peculiarities of the mechanism of rape, which are reflected in the form of forensic characteristics of these crimes, as well as the peculiarities of their investigation. Based on the analysis of medical, psychological, sociological and forensic literature, the essence of rape as a crime that combines biological and sociological is determined. The biological aspect of rape is based on human sexuality, which is an innate need and function of the human body, the program of which is laid down at the level of instinct. The sociological aspect of rape is that a person goes beyond the "norm" of modern sexual behavior, which is manifested in ignoring the free will of another person, the use of violence to satisfy sexual needs. From the objective point of view, rape is manifested in the commission of sexual acts involving vaginal, anal or oral penetration into another person's body using the genitals or any other object without the voluntary consent of the victim. The absence of voluntary consent is determined taking into account the accompanying circumstances that could adversely affect the will of the person. The key factor that determines the features of the mechanism of rape and the subject of proof is the factor of the presence or absence of social connection (acquaintance) between the offender and the victim. Therefore, it is on this factor that the expediency of forensic classification of rapes into: 1) rapes committed by an unknown victim (lack of any social ties) is substantiated; 2) rapes committed by an acquaintance of the victim. This creates a basis for the development of certain classification groups for the rape of certain forensic characteristics. The peculiarities of the opening of criminal proceedings on rape, which are due to the ambiguity of sexual behavior of both women and men, have been identified. Therefore, before entering the information about the violence declared by the victim into the ERDR and the beginning of the pre-trial investigation, it is expedient to conduct verification actions: to obtain a detailed explanation from the applicant; review of the scene; obtaining explanations from eyewitnesses of certain events that preceded, accompanied or occurred after the rape. The problem of timely detection and overcoming of opposition to the investigation was analyzed both by the suspect (the nature of the opposition depends on the presence of a social connection with the victim) and by the victim. It is emphasized that the peculiarities of the tactics of individual investigative actions in the investigation of rape are due to the specific mechanism of its commission, which manifests itself, on the one hand, the satisfaction of natural sexual needs (biological aspect), and on the other - violation of social rules of sexual behavior (sociological aspect).