Understanding the Indian Rape Laws


The act of rape is defined in Section 375 of the Indian Penal Code. Rape means any of the following sexual acts without the woman's consent:
  • Sexual Intercourse- inserting the penis in the vagina/anus/mouth/urethra
  • Oral Sex- applying the mouth to the vagina/anus/mouth/urethra
  • Using any other body part (such as finger) to penetrate the vagina/anus/mouth/urethra
  • Forcing the women to have sexual intercourse with any other person
Types of rape that are considered as an offence-
  • Statutory Rape- Statutory rape is any sexual intercourse with a girl below the age of 18, whether it is with or without her consent. Law does not consider her consent valid and assumes the sexual act to be rape.
  • Date Rape- Date rape is used to refer to a specific type of rape- where the woman is roofied/drugged/intoxicated without her knowledge, such that she will have a temporary memory loss.
  • Marital Rape- It's when a woman's spouse rapes her. So far this isn't a punishable crime in India even though it is an offence.
  • Gang Rape- Rape of a woman by two or more persons or a group is called a gang rape. In such case, each one is charged with rape.
Medical Examinations required-
  • The medical procedure constitutes of questions, full body examination and taking DNA samples along with taking few other material details (Section 53A, Criminal Procedure Code).
  • A medical examination is conducted only with the consent of the victim and is conducted by a female registered medical practitioner.
  • Medical procedures are important because it helps the police to gather more evidence and benefits the victim in their case against the offender.
  • The 'two-finger test' (where two-fingers would be inserted into the vagina to check if it is rape) has been deemed illegal.
Legal Rights of an Rape Survivor-
  • The identity of the rape victim always remain hidden. No one can disclose the name of the rape victim. If someone does, the person is punishable with jail or two years or more (Section 228A, Criminal Procedure Code).
  • The victim does not need to face her accused in the court. A rape trail, being sensitive, is conducted in judge's chamber and not in an open court. Also, the cross examination of the victim and the accused is done separately (Section 273, Criminal Procedure Code).
  • The sexual history of the victim does not negatively affect the rape trail as held by courts repeatedly.
  • If the rape victim's testimony seems genuine to the court, the court will not even need further evidence. They can take a decision based on her testimony itself.
Important points to keep in mind about Rape-
  • Preserve all evidence. Do not take a bath or wash the clothes. Take them straight for a medical examination so that all the evidence can be collected.
  • Go to the hospital first for your medical examinations and treatment. You can go to the police after the hospital.
  • Do not delay in filing a Police Complaint. If you delay, the evidence may be lost.
  • You do not need to go to the police station personally to file the Police Complaint. Anyone can file it on your behalf.
  • Penetration is not necessary for being called a Rape.
  • Not all rapes are always violent.
                                       
I really hope you don't need this guide ever but knowing the society we live in, its time and we better be prepared for the worst. 

And, its time we start supporting each other! Support each and every woman you know. If we stay strong ourselves and support each other, it might lessen our problems. Don't tell anyone 'to stop speaking about it', 'you must be hallucinating', 'who will do that to you?', 'this happens with everyone'.

No, this does happen with everyone but, keeping quiet is way worse! Love each other, help and support one another.

Back to the legalities, one BIG problem, I have with it is- The laws are not stated in gender neutral way. Men do get raped and harrased. One more is that its time we make marital rape a punishable crime.
                                          

Share this with all your loved ones! Show them you care about them!
Comment down below, if you like this content!
*I know my blog post was left incomplete, I was consumed with emotions and was not in a good head space*


 




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