RAPE

RAPE

Author: M.Pavitra student of Lloyd school of law, Chaudhary Charan Singh University.

INTRODUCTION:

Rape is the violation of fundamental rights of a victim. It is violation of article 21 of the constitution.Rape is extremely evil or horrible and barbaric act of damaging women's body and disturbing her mentally also . Rape is unlawful sexual activity, mostly it is a sexual intercourse, without the consent and against the will of the victim. It is practised against the will of the victim and by force or by the threat of force . It is happening with the people who are not capable to give consent because of minor status, mental illness, mental deficiency, intoxication and unconsciousness. 

In many cases the crime of rape has been considered under the sexual assault. The legal definition of rape has been changed since 20th century. The old definition was written with respect to both gender and age like rape was act of sexual intercourse by a man without the consent of the women without her consent and against her will. Rape can be happen to same sex also but it is most often committed by male against a female. Rape cases are increasing the brutalisation of women raising. Molestation is mostly reported in the Bangalore on ocation and eve .

            Rape is happened when the women is forced to do sex without her consent and it must be forced. It not only limits to female only it may affect all ages, genders

And sexual orientation. I can effect the human physically and mentally and it may leave people in the dark state of their life. 

TYPES OF RAPE: 

1. Martial rape - Marital rape is also known as the spousal rape , partner rape and intimate partner sexual assault (IPSA) it is a sexual intercourse by her husband without her consent and it is forced. It happens between married couples or de facto couples without one spouse's consent. 

2. Rape of children - It is a child sex abuse when it is committed by one child on another child then it is called as child-on-child sexual abuse. Some children are convicted of rape by their relatives and by their grandparents, aunts and uncles then it pushes them into the trauma.

3. Prison rape - Rate of prison has been reported as affecting between 3% and 12% of prison inmates in the US . Most cases reported in the prison rapes are of same sex. 

4. Serial rape - serial rape is a rape committed for long period of time and committed on a large number of victims. Serial rape is highly reported in Federal bureau of investigation and in this less force is used against the victims. 

5. Custodial rape - custodial rape is the rape which is conducted by the person in public service like police station or jail or hospital.

6. Gang rape -It is a sexual intercourse of many males with one or more more women with force and sometimes it may results in death.

REASON FOR RISE IN NUMBER OF RAPE CASES:

1. In general what society convey always is that female are weaker sections and they should be dealt in that manner only. Same in domestic area what we teach is male are superior to them. It shoul be taught that both are equal .

2. Lack of sex education in teenager because of this their curiosity force them to they visit porn sites which portrayed women as sex object not a human.

CONCLUSION;

 Rape is the violation of fundamental rights of a victim. It is violation of article 21 of the constitution . Rape violation and disturbs victim's body , mind and privacy . Rape . In case Rao Harnam vs Union of India 1957 held that there is a difference between surrender and mere submission. Her husband induced her to surrender, she haven't surrender her body with her consent. So the accused is liable for the rape and will be punished. In the case of Tukaram and Anr. Vs State of Maharashtra 1978 the court held that there was no mark of force and it is was a peaceful affair. But later no it was criticised and said there was no need be mark in the body and introduced the law custodial rape provision under section 376(2) and punishment was not prescribed less than 10 years. Vishaka vs State of Rajasthan it takes about the rape and molestation in the world place and it introduced the guidelines for sexual harrasment in work place . These guidelines became legislation in 2013 that is sexual harrasment at the work place act 2013 .