Uzbekistan toughens penalties for sexual violence against children
President Shavkat Mirziyoyev signed a law toughening penalties for sexual violence against children under 14, including life imprisonment. The statute of limitations for rape of minors has been abolished. Fines for sexual harassment have also been increased.
Uzbekistan tightens punishments for sexual violence against children
Shavkat Mirziyoyev has signed a law that strengthens penalties for all forms of violence against children. The bill was passed by the Legislative Chamber of the Oliy Majlis on 30 September and approved by the Senate on 2 October. The amendments took effect on 14 October.
Among the main changes is that anyone who commits sexual violence against children under 14 can now receive life imprisonment, while the statute of limitations for rape of people under 18 has been removed. Punishment for intentional crimes that lead to a child’s death cannot be reduced. Fines for sexual harassment have also been raised.
Commenting on the law’s signing, Presidential Administration head Saida Mirziyoyeva said:
“Everyone who causes harm and pain to a child will be held accountable, from employees of educational institutions to family members who commit violence.”
“A child’s safety cannot depend on circumstances. Anyone who infringes children’s lives, health and dignity must know that they will not escape severe punishment,” she stressed.
Rape of a person under 14 is now punishable by 15 to 25 years in prison or life imprisonment, compared with 15 to 20 years before (article 118, part 4 of the code).
The same penalties apply to the violent gratification of sexual desire in an unnatural form involving a person under 14, when violence, threats or the victim’s helpless condition are involved. Previously, this offense also carried 15 to 20 years in prison (article 119, part 4).
When sentencing people convicted of these crimes, courts can no longer consider mitigating factors such as voluntary surrender, sincere remorse, active assistance in solving the crime or voluntary compensation for the harm caused (article 57−1).
Courts are also no longer allowed to exempt offenders from criminal liability because the statute of limitations has expired in cases involving these crimes, as well as rape of a person under 18 (article 118, part 3, clause “a”) and the violent satisfaction of sexual desire in an unnatural form involving a person under 18 (article 119, part 3, clause “a”) (article 64).
Those convicted of these crimes (article 118, part 3, clause “a” and part 4; article 119, part 3, clause “a” and part 4) can no longer be released from serving their sentences on the grounds that the limitation period for sentence enforcement has expired (article 69).
Suspended sentences (article 72) and parole (article 73) are now barred for intentional crimes that result in a child’s death.
The rule limiting prison terms to two-thirds of the maximum sentence set out in the Special Part of the Criminal Code no longer applies to women and men over 60 convicted of these offenses (article 50).
Indecent acts committed without violence against a person under 16 by a group are now punishable by restriction of liberty for 3 to 5 years or imprisonment for 3 to 5 years (article 129, amended to cover offenses committed by a group).
Sexual harassment (article 41−1 of the code) is now punishable by a fine of 10 to 15 basic calculation units or administrative detention for up to 10 days. Previously, the penalty was a fine of 2 to 5 basic calculation units or detention for up to 5 days.
If the same offense is repeated within one year after an administrative penalty is imposed, it is punishable by a fine of 15 to 20 basic calculation units or detention for up to 15 days. Previously, the fine ranged from 5 to 7 basic calculation units, while the maximum detention period was 15 days.