THE CONCEPT OF RAPE AND SEXUAL ASSAULT

THE CONCEPT OF RAPE AND SEXUAL ASSAULT

 Author :- Khushi Rastogi a student of Lloyd Law College

“The ORDINARY RESPONSE TO ATROCITIES is to banish them from consciousness. Certain violations of the social compact are too terrible outer aloud: this is the meaning of the word unspeakable. 

Atrocities, however, refuse to be buried. Equally as powerful as the desire to deny atrocities is the conviction that denial does not work. Folk wisdom is filled with ghosts who refuse to rest in their graves until their stories are told. Murder will out. Remembering and telling the truth about terrible events are prerequisites both for the restoration of the social order and for the healing of individual victims. The conflict between the will to deny horrible events and the will to proclaim them aloud is the central dialectic of psychological trauma. People who have survived atrocities often tell their stories in a highly emotional, contradictory, and fragmented manner that undermines their credibility and thereby serves the twin imperatives of truth-telling and secrecy. When the truth is finally recognized, survivors can begin their recovery. But far too often secrecy prevails, and the story of the traumatic event surfaces not as a verbal narrative but as a symptom. The psychological distress symptoms of traumatized people simultaneously call attention to the existence of an unspeakable secret and deflect attention from it. This is most apparent in the way traumatized people alternate between feeling numb and reliving the event. The above quoted instance compels us to think the situation and atrocities faced by women on day to day basis and also the fear of sexual assault or rape is a part of every woman's life. In a plethora of ways all this restricts females mobility and how she should live her life independently. There are rules which are all unnecessary implied on women to live in society like ‘don’t talk to strangers’, ‘don’t walk alone on streets’, ‘don’t get out of house late at night’ and many more and they’re nothing but stereotypes which are prevailed mentally in everybody’s mindset.

WHAT IS RAPE?

There are multitude of definitions of rape whether it’s legally or within culture. But in simple language it can be referred as forceful sexual intercourse. Force doesn’t always have to be physical force where the perpetrator physically over powers the victim; force could include psychological coercion (being “talked into it”), threats to cause harm to the person or a loved one if the person doesn’t submit to the sexual intercourse, or other circumstances in which the victim feels that there is no other option than to submit to the unwanted sexual activity. Rape can also include situations where the victim may be drunk, drugged, asleep, unconscious, or for any reason unable toconsent3. There are legal definitions too which state vaginal, anal or oral penetration by a body part or an object. Also these legal definitions vary from state to state.

DIFFERENCE BETWEEN RAPE AMD SEXUAL ASSAULT

Rape is considered legally as any form of unwanted sexual intercourse whereas Sexual Assault can be defined as “any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape5.” 

LEGAL CONCEPT OF RAPE IN INDIA

 Rape in India is a cognizable offence. There are many provisions in various Acts. The word rape is legally defined u/s 375 of Indian Penal Code, 1860. It defines the rape and also prescribes its punishment. 

In 1983, amendment was made and S. 376(2) i.e. Custodial rape, S. 376(A) i.e. marital rape & S. 376(B to D) i.e. Sexual Intercourse not amounting to rape were added. 

U/s 228A of Indian Penal Code, No person can disclose the name of the rape victim and if anybody discloses the name, he shall be punished with either description for a term which may extend to two years and shall also be liable for fine. 

U/s 114-A of Indian Evidence Act, presumption can be made as to the absence of consent in certain prosecutions for rape. 

U/s 164A of Code of Criminal Procedure, provisions for medical examination of rape victim are given. 

U/s 327(2) of Code of Criminal Procedure, there should be in camera trial for all rape victims