РECULIARITY OF A SEX OFFENDER IN THE CRIMINAL STRUCTURE CHARACTERISTICS OF CRIMINAL OFFENSES AGAINST SEXUAL FREEDOM AND SEXUAL INTEGRITY OF INDIVIDUALS

Abstract

The article examines the place of the sexual abuser’s personality in the structure of the criminalistic characteristics of sexual criminal offenses under Articles 152, 153, Part 3 of Articles 154–156-1 of the Criminal Code of Ukraine. It is established that sexual need and its satisfaction constitute a physiological function of the human body, genetically programmed at the level of instinct, while the manner of satisfying this need is significantly shaped by the social environment and the specific surroundings of the individual. Accordingly, in criminal proceedings concerning these offenses, it is of fundamental importance to examine the social ties of the sexual abuser, which are in a natural connection with other elements of the criminalistic characteristics. The thesis is substantiated that the typical features of a sexual abuser’s personality are determined by the presence or absence of a social connection of acquaintance between the offender and the victim. On the basis of this criterion, two categories of offenders are proposed. The first category comprises persons who were strangers to the victim: they commit sexual criminal offenses by stalking a random victim and attacking her in a deserted place using physical violence or the threat thereof. Within this category, the subgroups of “assault rapists” and “rapist-maniacs” are identified and characterized, with attention to their typological features relevant to search operations, identification of the suspect, and the construction of the evidentiary system. The second category consists of offenders acquainted with the victim, who exploit trust relationships formed in the context of marital, domestic, occupational, creative, and official relations. Within this group, “spousal abusers”, “domestic abusers”, “friendly abusers”, and “official abusers” are distinguished, with disclosure of the mechanism of the criminal offense and the specifics of the subject of proof. The identified classification groups of offenders possess distinctive characterological features that significantly affect the determination of investigative directions and the evidentiary system for proving the circumstances of sexual criminal offenses.