Rape is sexual intercourse done with an individual without his or her consent through force and power. Sex is considered a dual assault. The legal definition of rape has substantially changed now, and the traditional definition had given respect to both genders. Before 20th-century, sex was regarded as sexual intercourse by a man against women’s will.
Jump to Section
- Statutory Rape
- Evolution of Rape laws.
- War Rape.
- What India Penal Code says?
- Cases in the United States of America.
- Law in Saudi Arabia.
- India – Causes of Rape
The new law considers it a severe crime, although rape can occur in same-sex intercourse. Most often, rape is committed by a male against a female. An act of sexual intercourse, by a husband with his wife, against her will, is considered as marital rape. It is explained as a manifestation of racial, and class hatred in the patriarchal system of women. And it is considered as the property of men. Also, rape is treated as a felony in many parts of the world with the standard law system.
According to the research in the United States, only one-third of rape cases in the country are reported to the police and half of the rape survivors do not share the incident with anyone. It is always hard to prove a crime for which there is no witness available. Thus rape is both under prosecuted and underreported. Many jurisdictions have adopted rape shield laws to protect women from humiliating cross-examination.
Most of the country has set the age limit between 14-18 during which an individual may give consent to sexual intercourse, the sexual intercourse with the person below the age is termed as Statutory rape. Thus consent is not relevant.
The statutory rape is a legal prohibition against having sexual intercourse with a child, and any other person who has a lack of physical comprehension. It is any kind of sexual assault committed against a person above the age of consent or primary by an individual or person, who holds the position to influence like a teacher, doctor and person.
This is defined under section 375 of Indian Penal Code which says that any male who does sexual intercourse with a female who is below the age of 18 with or without consent is statutory rape. This criminal offence is created to save the minor girls from the majors.
In the statutory rape, an adult will be punished; if he does any kind of physical intercourse with a girl below or above the age of 18. If the minor girl had voluntarily participated in the act her consent is not valid, it would be declared as void and will not be a defence of the accused.
1. The law for the offence in the Protection of Child From Against sexual offences Act (POCSO) 2012 but is regulated by section 375 of Indian Penal Code (IPC).
2. This act regulates sexual exploitation against the child by Majors.
3. The consent is not valid if a girl is minor.
4. The offence includes not under IPC.
Controversies of Statutory Rape in the US.
Statutory rape laws enacted to protect children from adults. The statutory rapes are controversial because initially, it has applied to a female who is under age or minor still, it did and did not take the relationship into account between two couples who are close in age. Still, one is little and is under the age of consent.
Great Britain considered rape and sexual violence are the most underreported violent crime in Great Britain. In 2008, women residing in Washington were raped, but she withdrew her case after facing police scepticism. That’s why her rapist assaulted several more women before being identified.
The legal requirement of reporting rape varies from country to country. For instance, United States has a different need than other countries, a report of National Statics Institute Survey on sexual violence against women revealed that 92 per cent of women who suffered sexual assault did not report the police.
In the United Kingdom, the rape conviction rate was only 33 per cent in 1970 while it got a decrease in 1984 to 24 per cent conviction rate. According to the Amnesty Innternational Report, Ireland has the lowest conviction rate of only 1 per cent among the European countries.
However, in America noticeable conviction is among the women of different identities, 13 per cent of arrest rate for sexual assault reported by American Indian women with 35 per cent of Black and 32 per cent of White women.
In many instances, false accusations of rape were getting reported, where no such crime has occurred. Still, it is challenging to access the true prevalence of false allegation. The great scholars agree that near 2 to 10 percent of accusations are false, and there is no specific suspect of rape in these cases.
In the recent study, 2643 (8) per cent of sexual cases were false by the police. The Police search said that most of the patients were classified based on self-judgment and police biased on the investigation. Home office counting rule has applied for establishing the false allegation, which requires substantial evidence of rape, and the exact and credential reaction by the compliment reduced the false report by 3 per cent.
A large study was conducted in Australia with 850 report using both the quantitative and qualitative method. Researchers studied 812 cases and found that 15 per cent of rape cases were withdrawn, and 46 per cent had no further police action, and 2 per cent were classified as a false case.
In the study, the researcher said police found the false allegations were made but did not want to pursue charges against the accuser. All of these complaints were then charged for filing the false report of sexual assault and rape.
Evolution of Rape laws.
Although we have constituted this crime varied by historical time and period, the definition of rape to focus on the act of forced sexual intercourse through physical violence and death by a man on women or a girl, not his wife, the front of the crime was the insertion of the penis into the vagina.
The sexuality was conceptualised in society, rejected the notion that women can force the man to sex; women were always seen as passive, and men were deemed to be aggressive— sexual intercourse of male to male considered as sodomy.
As in Indian society, many daughters are considered as the property of her father. So, rape laws were existed to protect daughters from rape. In this case, rape with the daughter or women is seen as an attack on the estate of her father because women virginity before the marriage took his value. If the women were raped after the wedding, the rape was an attack on the husband’s pride, and the rapist was subject to punishment or payment.
The father of daughter keep the rapist wife or make the rapist marry his daughter, and a man could not charge with raping his wife because wife considered as husband property.
Thus, marital rape was allowed. In many countries, forced rape with the
prostitution, slave of war, racial minority, etc. was not rape. In the United States, a husband could not be charged with raping his wife until the 1980s. In some parts of the US consensual sex of white women with a black man considered as rape. Before the 1930s, everyone considered that the crime was always committed by men with women.
From 1935, labelling shifted to criminal believing as mentally ill men caught for committing this crime was considered as mental, and admitted to a mental hospital, because only insane men were supposed to committing rape. No one thought the normal person commits the rape at that time.
In the United States, during the American civil war, the survey started, and law focused on this crime which pertains black man raping white women, the penalty of rape of black men was death and rape of black women by white men considered legal.
Rapes during the wars were considered as war rape. The Israelite, Persian, Greek, and Roman armies were engaged in war rape. The Mongolian Army causes much destruction in Eurasia. The Mongolian army has raped millions of women in the war, their leader has ordered them to rape. Mongolian soldiers found pleasure in humiliating local women.
The Japanese Soldier had raped 80000 women during the Nanking massacre, is a significant atrocity, till date. Over 20000 women were forced into prostitution in Japanese military brothels.
French and Moroccan troops raped in the after the battle of monte French women complained about rape deliberate liberation of Normandy. Rape was committed by force on Jewish women during the Poland Invasion in 1939. This was also achieved with Polish, Ukrainian, Belarusian and Russian women and girls during the wars.
The rape was done by soviet armies in the active region. A war correspondent describes her experience of war, and the Russian soldiers were raping every german female, it was an army of rapist said by German historians as the US army raped 19000 women. Although 50000 women were raped, Hungarian girls were kidnapped and taken to Red Army headquarters were they were raped and sometimes killed.
What India Penal Code says?
According to section 375 of IPC, rape is considered as a crime; sexual intercourse by a man with women without her consent and will term as rape. Also sex with her support when she is below 18 is a rape. Section 376 provided seven-year of jail or life imprisonment, whoever commits the offence of rape. Forced sex by the husband without the consent or against the will of her wife, termed a marital rape in IPC. And the husband will be punished for her offence.
The NGO had filed the PIL in Supreme court of India and to widen the definition of Sexual intercourse in section 375 of IPC. The law commission in its report recommended to widening the rape law to make genderneutral in the country.
However, the law in India is still gender specified as the rapist can only be the man; thus, the 172nd report leads to the amendment in India Evident Act. The provision was inserted for conducting the bared in cross-examination to the victim as to her immoral character in these cases.
Offence against Minors.
In 2018, an eight-year-old girl was raped, near Kathua district Jammu and Kashmir. The girl was abducted, raped several times and killed. The news led to massive protests all over India and called for punishment for the rapist. This rape case leads to an amendment in the IPC in which the death penalty was added for the rape of a girl below the age of 12 or imprisonment.
Another section was added after the Kathua incident to deal with rapes happening with girls below the age of 16 years. The provision made a minimum of 20 years of imprisonment, which may extend to a lifetime.
The minimum jail for rape before the amendments was ten years which remained unchanged since the 1860 introduction of IPC.
Cases in the United States of America.
In the year 2018, almost 100000 cases were reported in the United States; the figure includes sexual assault and attempts to rape, but unforce statutory rapes are excluded from the number.
Sexual assault is any form has been a long problem for the United States the me-too movement, which has recently published me to the movement started viral in 2017 against sexual assault allegation against movie producers and big actors.
Law in Saudi Arabia.
Saudi Arabia is regulated by the Sharia laws which is the legal system of Saudi. Under Sharia laws, the execution is the only punishment of rapes.
From April 2020 flogging to death has been abolished from the Saudi laws. There is no penal code in Saudi Arabia and no written laws which criminalise the rape and sexual assaults. Hence there is no prohibition on marital rape which is a crime in most of the world.
The rape is the most underrated and underreported offence in the world; this is because of the failure of judicial systems and police officials; the rapist started treated the victim after the rape. Hence, victims and their families withdraw the case and several times due to the delay the justice does not prevail.
India Causes of Rapes
Normally people tend to think that the main cause of rape is the size of the dress. But do you think that size of a dress can be a cause of rape? Also, few people in rural areas have an opinion that sex is the need of a person, and it is normal. They have an opnion that “Taali Ek Haath Se Nahi Bajti” which means “we can’t clap with one hand”, they have an opinion that it’s the fault of male as well as female.
We have cases where a person abuses sexually to animals too. So now what kind of explanation we can expect in such cases? We can’t justify it by saying that it’s because of the size of the dress, the fault of both sides and other things. There are thousands of different opinions regarding rapes. Few think that it’s normal. Few explain it by saying that it’s the right as well as the need of a person. You won’t believe, but many literates also have the same opinion. Let’s see the few causes of rape
- Lack of awareness among people
- Lack of sex education
- Films and shows which provoke rapes
- Narrow-minded thinking of people
- Lack of open talk within the families
- Advertisements which provokes it
- Fear of losing respect and pride in the society which results in unreported rapes
- Family and social pressure on the victim which results in suicide and other things
- Myths- the rapist feel that the victim’s ‘No’ means ‘Yes’.
- Lack of control on the desire to do sex
These are the few reasons which cause rape, and there are other reasons too. Also, unreported rates are the reason due to which there is a huge impact on the victim’s life. WE SHOULD RAISE OUR VOICE.
Many victims tend to end their life as they feel the laws are not much strict, and they won’t get justice. They feel that they won’t get justice, but in return, their family will face humiliation.
So, whenever you feel there is something wrong with the person around you, TALK. Talking will only make them feel safe and better, and they won’t end their life and fight for themselves.
I can suggest solutions, but only you can make things better. The ways that I will suggest can help us to reduce the cases in future. Following are a few ways-
- Arrange awareness campaigns for sex, rape, and victims. It is needed the most in rural areas.
- One to one sessions related to these problems
- Implementation of strict laws for such rapes by government, like lifetime imprisonment or execution because this will create a fear in the minds of the rapist.
- Fast track investigation when its a case of Rape
- Start talking to your child related to sex and make them understand, what is right and what is wrong.
- Provide sex education in schools
- Ban such advertisements, films and show which provoke rape
- Make people aware that it’s not the victim’s fault and stop humiliating their families.
- If you know any victim, talk to them and encourage them to fight for it.
Lastly, I would say that teach your child to respect others irrespective of gender. YOUR FUTURE IS IN YOUR HANDS. Never hesitate to file report.
Thank you for reading my article. Please share with others and make them aware about these things. ONLY YOU CAN MAKE THINGS BETTER.