Representatives of non-government organizations struggling against sex crimes against minor victims are convinced that the RA Criminal Code with its articles "paves the way" for  the spreading of such crimes.

On February 2, 2011 the Armenian representation of the "People in Need" organization (Czech Republic) held a press conference "Problems of Protection of Minor Victims of Sex Crimes in RA". 

RA Criminal Code has 5 articles for crimes against sexual immunity and sexual freedom of which article 141 is unacceptable  in the judgement of representatives of "People in Need" (Czech Republic), Women's Resource Center, and Hope and Suppot NGOs.

Under the above article, sexual relations or other actions of sexual nature with individuals obviously under 16 in the absence of rape, actions of sexual nature and forcing of such actions is punishable by fine from 100-fold to 250-fold of the minimal wages or imprisonment of up to two years.

This means that the criminal can be punished by fine of 100,000-250,000 drams.

"Until now the minimum fine is mainly applied in our judicial practice, imprisonment is fairly rare," says Artur Ghambaryan, senior prosecutor of the department of legal provision and European integration.

Both Ghambaryan and Haik Harutunyan, criminal case expert from the judicial department , agree with the clause in the package of amendments to the RA Criminal Code offered by Women's Resource Center NGO envisaging elimination of fines as punishment and application of detention only which in its turn has to be made tougher -   3-6 years.

It was namely by article 141 that Levon Avagyan, teacher of Armenian language from Nubarashen special school 11 in Yerevan, was last year sentenced to 1,5 years of imprisonment for profligate actions against pupils of the school. 

According to Ghambaryan there were 18 such cases in 2009 and only in 3 of them the guilty was sentenced to imprisonment; in other cases the 100,000 dram fine was applied. Data for 2010 are not available yet but Ghambaryan assures that such crimes are more of hidden nature.  

"If we continue showing indulgence to judicial policies with such actions, the day after tomorrow we will have fertile soil for European and American pedophilеs to arrive in Armenia," Ghambaryan is convinced.

That is, the expert believes that citizens of other countries that have stricter punishments will come to Armenia that has "softer" legislation for such crimes.

Tatevik Bezhanyan, head of the project "Prevention of Child Trafficking in Armenia" expressed her concern that sex crimes against minors continue bringing as an example the January 31 publication in www.hetq.am.

"I am convinced that first of all they should stop protecting criminals and making the victims guilty in Armenia," Bezhanyan says.

Karine Ionesyan

Source: www.hra.am