How they punished sodomy in the USSR: judges blushed during the trial

Conversations that Russia may reintroduce criminal penalties for homosexuality are heard every now and then at different levels. Moreover, I have experience. According to various estimates, from tens to hundreds of thousands of citizens during the existence of the USSR received real sentences under Article 121 of the Criminal Code of the RSFSR “Sodomy” (it appeared thanks to the initiative of the chairman of the OGPU Genrikh Yagoda, which was supported by Joseph Stalin).

How such cases were considered in the late USSR – our conversation with retired judge Vladimir RYAKHOVSKY, who himself tried for such crimes.

FROM THE MK DOSSIER:

Initially, criminal liability for sodomy appeared by adding it to the Criminal Code of the RSFSR on April 1, 1934 – in the section “Sexual Crimes” under number 154. Later it was transformed into Art. 121 CC. This was punishable by imprisonment for a term of 5 years, in aggravating circumstances (with the use of violence against a minor) – up to 8 years.

– Vladimir Vasilyevich, were there many criminal cases of sodomy in the USSR?

– In some periods there were a lot, in others there were only a few. Everything depended on who led the country. Let me remind you that criminal liability was introduced in 1934 and was in effect for almost 60 years (until 1993). Most of these cases happened under Stalin. At that time, this article was often very much combined with another – for example, with espionage, counter-revolutionary conspiracy or treason.

– Was this ideologically intended?

– Probably yes. It seemed to turn out that homosexuals were unreliable people in every sense.

QUOTE:

“Recently liquidating associations of pederasts in Moscow and Leningrad, the OGPU established:

1. The existence of salons and dens where orgies were held.

2. Pederasts were engaged in the recruitment and corruption of completely healthy youth, Red Army soldiers, Red Navy men and individual university students. We do not have a law under which pederasts could be prosecuted. I would consider it necessary to issue an appropriate law on criminal liability for pederasty.”

From Yagoda’s letter to Stalin.

– How were cases under this article considered?

– I can tell you how I looked at them in the late 80s. At that time there were few such cases. One was especially memorable because it featured a foreigner.

But first, imagine the situation in the meeting room. I am the presiding officer and the only man (except for the accused). All the rest – people’s assessors, the prosecutor, the secretary and the lawyer by appointment – are women. The meeting was closed. They examined the case against Muscovite Serezha. His partner, the Englishman David, had left for London by that time. Seryozha sat on the dock with his head hanging. The situation for him, needless to say, is unpleasant.

The state prosecution showed operational footage taken in the Astrakhan baths where they met. They began to question Seryozha. He says: “We met, I admit it. David was the asset, I was the passive.” I interrupted him at this point (I see that the women were blushing): “Let’s not specify who played what role.” But at the same time, I need to find out what happened, whether there was a crime. And so Seryozha tries to allegorically describe sexual intercourse. I prompt: “By insertion of the penis?” He answers: “Yes, exactly.” The young secretary and the elderly people’s testators almost crawled under the table with shame.

– Was there any material evidence in the case?

– Of course, we examined them carefully. Letters, photographs, clothes…

I remember looking at photographs from the case materials. One was signed by David: “This is my bedroom. Its windows look towards Moscow. And I think how my Seryozha is doing there.” We studied his T-shirt, it had the inscription “David Seryozha 4” on it. I ask: “What does the number four mean?” He replies: “This is our secret love number.” Letters are a separate matter. Not every woman can write such things to her beloved man…

– Did the foreigner David seduce the Soviet citizen Seryozha? Or is it the other way around?

– There was no talk about temptation. In fact, all homosexuals knew where they could meet people like them. Baths were one of these places. Foreigners came there when they came to the USSR, to Moscow, on business trips. We met there for money. But in the case of Seryozha and David it was by mutual consent.

– What impression did the defendant make on you?

“I felt sincerely sorry for him.”

– And yet he was found guilty? Punished?

– Well, what was there to do? The fact of sodomy was established. And at that time it was a criminal act. But they didn’t punish him too much. They gave him six months of correctional labor at his main place of work with a deduction, if I’m not mistaken, of 20%.

– Do you think we will return to this?

– Already back. After all, LGBT is recognized as an extremist movement in the Russian Federation, it is prohibited, and everything that is somehow connected with this movement can be presented as participation in this organization. And the sanctions will be no less than in the USSR.