CHAPTER 18. CRIMES AGAINST SEXUAL IMMUNITY AND INDIVIDUAL SEXUAL FREEDOM
Article 129. Rape
(1) Rape, i.e. sexual connection using or threading with physical
violence to the victim or the victim's family members, as well as using
the victim's state of helplessness, shall be sentenced by 5 to 8 years of imprisonment.
(2) Rape:
1) committed repeatedly or by a person previously convicted for
crimes provided by articles of this Chapter;
2) committed by a group of persons;
3) committed by a group of persons under a preliminary concert;
4) connected with thread of killing or physical harm, as well as
that committed with special cruelty towards the victim or other persons;
5) resulting in infection of the victim with a venereal disease;
6) committed towards a juvenile person, shall be sentenced by 8 to 15 years of imprisonment.
(3) Rape:
1) resulting in death of the victim, infecting the victim with HIV
or other severe consequences;
2) committed by an organized group;
3) committed towards a young child, shall be sentenced by 15 to 20 years of imprisonment.
(4) Rape of a young child leading to special severe consequences, shall be sentenced by 20 to 25 years of imprisonment or by death
penalty.
Note: In cases when the offender soundly believed the victim to be
an adult person, criminal liability shall be applied under part 1 of this
Article, unless there are attributes in the act as provided by points 1
to 5 of part 2 of this Article.
In cases when the offender soundly believed the young child victim
to be a juvenile person, criminal liability shall be applied under point
6 of part 1 of this Article, unless there are attributes in the act as
provided by points 1 and 2 of part 3 of this Article.
Other severe consequences provided for in point 1 of part 3 of this
article shall include suicide or attempted suicide of the victim (adult
or juvenile), victim's mental disorder, any serious harm inflicted by the
offender to the victim's health (miscarriage, abdominal pregnancy as a
result of the rape), including that dangerous to life at the moment of
commission.
Special severe consequences provided for by part 4 of this Article
shall include suicide or attempted suicide of the young child victim,
victim's mental disorder, any serious harm inflicted by the offender to
the young child victim's health (abdominal pregnancy, loss of possibility
of issue, loss of possibility of sexual life as a result of rape),
including that dangerous to life at the moment of commission, causing a
young child victim's death through carelessness, infecting her with HIV.
A young child is a girl under 14.
(In version of the Kyrgyz Republic Law of March 12, 2002, No. 36)
Article 130. Sexually Violent Actions