CAMPARISON OF RAPE BETWEEN MEN AND WOMEN

JIMI SONO

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CAMPARISON OF RAPE AGAINST MEN AND WOMEN

AUTHORED BY - JIMI SONO

BBA. LLB 4^th year

Abstract

that section 376 of IPC, 1860 should not be Genderalized. The Indian constitution also provides the rights that every person should be treated equal Rape is the fourth most common crime in the world. Rape should not be genderlized. It can happen against both men as wells as the women but due to the society norms, women are weak which is the sole reason that women can’t be a predators. On the other hand men are seen as aggressive.

In the Indian Penal Code 1860, Section 375 define Rape. Rape means unlawful sexual intercourse or any other penetration of the vagina, anus with force. There was a drastic amendment in 2013 in the rape law. According to section 375 men are seen as predators not women. In our constitution Article 14 says that right to equality which contradicts the section 375 which talks only about women being rape.

Societies believe that rape happens because women wear revealing clothes but the question occur do wear need to let animals wear clothes because there are cases were animals rape too. In every hour 86 rape cases are lodged against women.1 out of 33 men have experienced sexual assault and 71% of men said they were abused. And 84%-90% did not talk about the abuse to anyone

Keywords: Men, Women, Rape, cases

Table content

· Introduction

· Scope

· What is Rape Culture and Why rape happened?

· Stages of rape trauma syndrome.

· Camparison on rape against men and women

· Gender Neutral laws vs constitution

· Leading case

· Research Question

· Research objective

· Conclusion

· Biblography

Introduction

It is defined under section 375 of the Indian penal code 1860.There was amendment in 2013 which was drastically change. Rape means unlawful sexual intercourse or any other sexual penetration of the vagina, anus or mouth or another person, with or without force , by sex organ, other body part, or foreign object or manipulate any part of the women to cause penetration.The consent to the person subjected to such penetration. Rape is the fourth most common crime in India. On average above 86 cases daily are registered.49 0ffences are against men .Every 10 minutes a rape cases is registered. In a cases a rapist inserted candles bottle to stop girl”s bleeding. Recently the viral vedio of Dalai Lama kissing a child and asking him to lick has capture the attention of the people. People have accused him of child abuse. After the vedio went viral he issues a apology statement to the boy and his family.

Scope

Since the late 20^th century ,the definition of rape has changed .The traditionally definition was narrow. Rape was usually understood to be done by man. As now it can be understood that victim and rapist both could be male or female and transgender. In 2012 the U.S Department of justice adopted a new definition of rape to be used in the FBI’S uniform crime Reporting program .Rape often occur due to man treating women as an object and also the patriarchal system.

Statutory rape is the term which means intercourse with a person below the age of consent, where consent is no longer relevant. Statutory rape leaves long term psychological and physical damage to victim. The example for this can be seen during the period of abolition of apartheid , around two- fifth of south African were under the age of consent which is eighteen years. These rape were committed because it was believe by them that sexual intercourse with virgin (including the infant) could cure the rapist from HIV.

During the second war both the allied and Axis armies committed rape as a means of women. In the 1993, the United Nations (U.N) commission on Human Rights Council declare system rape and military sexual slavery

What is Rape Culture and why Rape happened

Only a few are aware of the meaning what is meant by Rape culture. Many of people haven’t heard of rape culture and even if they do it seems confusing or seen through hypercritical lenses. Rape culture is a society where the assault is prevalent and normalized.

Prevelance: According to the rape abuse and incest national network one in six women will be victim to attempted or completed rape in their lifetime. For men, that figure is around Thirty three. By Rainn’s estimates, An American is raped every 48 seconds. Sexual harassment, violence and assault are truly prevalent.

Normalization: In our society it is normalizes for example in books and bollywood movies shows that men are aggressive, sexually dominant and always want it and women on the other hand are submissive sexually, fragile and someone who doesn’t want to engage in much sexual activity. This dichotomy of gender isn’t just simplistic, it’s actually problematic for which leads to create social pressure on a man to sexual conqueror, pursue women ,which is the one of the reason why man ignore consent. During the party ,the alcohol consumption can lead to sexual conquest which is normal for the society after all ,they say boys will be boys. And also because of all men abstain them from reporting sexual assault against them. They face mockery from society .when men talks about the sexual assault ,they break the society norms. Men preferred to say silent rather than reporting and talk about those incident because it might labeled them as victim and weak men in the society.

Women on the other hand are seen as someone who doesn’t urge to have sex more often. And the women wanting are labeled as slut and also the women who are dressed inappropriately according to them are seen as women asking for it, which is why consent doesn’t make sense to them.

According to 2020 report, nearly 77 rape cases are reported in India. Rape is not something that is confined to women but to men also. A male teacher rape his male student in India. Moreover, even the animal are being raped for instance a 55 year old man arrest for raping cow in Madhya Pradesh. An group of eight men in Haryana raped a pregnant goat.

Reason why rape happen

1. Society believe that women wearing revealing clothes are asking for it. Every man gets tempted and they believe nobody rape without consent and it is a part of society

2. Around 2.4 Lakh cases related to rape and posco pending

3. Men likely to brag and boast their sexual encounter equating them with conquest

4. Certain myth that a women never say “NO”

5. Law in India says that within 60 days, the verdict for the rape should be pronounce

6. Many convicted or potential rapist think that rape is equal to sex. Also marital rape is not considered as rape

7. 94^th offender are known to victim

8. Most of the cases are not registered because women face victim shaming

9. Sex education is need to make people aware and differenciate between porn and sex. Trash enjoy introduced sex education where during the process they realized that mostly people are mostly below 30 age who are not much inform about sex. sex in porn are seen as aggressive which affect and influence them to see sex as violence act

Stages of victim trauma

Rape trauma syndrome or RTS is related to post traumatic stress disorder but more specific to sexual assault. It has nothing to do with age. When a rape victim is dalit , it not only effected the victim as persons but the whole community goes through it.

The symtoms of RTS could be

· Rape victim may experience recurrent nightmare about the rape.

· Not involving in social activities

· Victim refrain to recall any feeling or thought

The stages of RTS are Actual stage

· Obsession to wash or clean themselves

· Confusion about everyday life

· Unorganised thought

Outward Adjustment Stage: During this stage, the victim may outwardly appear to have moved on from assault, but this stage is marked by serious inner turmoil. Victim refuses to discuss the incident. Some common symptoms during this phase include

· Poor include

· Sense of helplessness

· Panic attack

Underground stage

· Seems to returns to theirs lives as normal

· Have difficulty in concentrating and some depression

· Not wanting to talk about assault

Reorganization: In this victim may feel surprise, fear and return of assault. some phobias often included

· Fear of being in crowd

· Fear of being touched

Unless the institution of law doesn’t come forward to create a safe Environment women cannot overcome it.

Camparison on Rape against men and women

Rape against men

Kerela High court held that section 376 is not a gender neutral provision. If a women tricks a man under false promise marriage .She cannot be prosecuted for the same offence what kind of law is this?. Does it not violate our fundamental rights. It should be gender neutral .Some stigma of society norms which doesn’t allows them to report are

1. Women can’t be perpetrators because they are fragile

2. Men are too strong to be subdued

3. Victim are usually weak people

4. Due to women centric, definition of rape law and ignorance in case of men, crime against latter is continously rising and victim doesn’t get justice

5. A 17 years old student was inserted an iron in his rectum in Ghaziabad, case was registered only in section 377 of IPC only.

6. National Human Rights Commission has observed that sexual abuse is one of the primary reasons why inmates commit suicide

7. Men can be rape too by women and men both

8. Transgender are also the victim

Others countries making rape gender neutral

· Scotland redefined their rape law

· Northern Ireland also amended rape laws to replace the earlier term, non-consensual intercourse by a person

· Department of united states also changes from person to women

Gender neutral laws vs constitution

According to the survey 71% of men are said to sexually abused .84% -91% have not told anyone. Mostly parents are ashamed to report the case. During the childhood ,most boys were abused by their senior in the boys hostel.

Even there are case women raping women which is hard to accept but that the truth we have to look at it.

Moreover we should neutralized sexual abuse. In the patriarchy society women are cage and men are continued to be abused without anyone have a information about it. In most cases the predators are known to the victim. Society pays less attention to men and the shame attached to it. The 172^nd Law commission India in March 2000 recommended that rape laws in India should be gender –neutral to protect male victims also. Advocate Sanjiv Kumar filed A PIL at the Delhi High Court. There are provision for sexual abused for male child then why not for the adult.

Rape define under Indian penal code 1860

Section 375 of IPC defines Rape:-A man is said to commit “rape” if he-

a) Penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or other person.

b) Insets, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person;or

c) Manipulates any part of the body of a women so as to cause penetration into the vagina, urethra, anus or any part of such woman or makes her to do so with him or any other person; or

d) Applies his mouth to the vagina, anus, urethra of women or makes her to do so with him or any other person,

Under the circumstances falling under any of the following seven descriptions:-

Firstly- against her will

Secondly- without her consent

Thirdly- with her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly- with her consent, when the man knows that he is not her husband and that her consent is given because she believes that that he is another man to whom she is or believes that he is another man to whom she is or believes herself to be lawfully married

Fifthly-with her consent when ,at the time of giving such consent ,by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or wholesome substance ,she is unable to understand the nature and consequences of that to which understand the nature and consequences of that to which she gives consent

Sixthly –with or without her consent, when she is under the age of eighteen years of age

Seventhly –when she is unable to communicate consent.

Explanation 1- For the purpose of this “vagina” shall also include labia major

Explanation 2- Consent means a unequivocal voluntary agreement when the women by words, gestures or any form of verbal or non-verbal communication, communicates willingness to partici[ate in the specific sexual act:

Provided that a women who does not physically resist to yhe act of penetration shall not by the reason only of that fact,regarded as consenting to the sexual activity.

Exception 1- A medical procedure or intervention shall not constitute rape

Exception 2- sexual intercourse or sexual acts by a man with his own wife, the wife not being fifteen years of age is not rape

Under the Indian Constitution, Article 14 states equality before the law: The states shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Article 15 (1) The states shall not discriminate against any citizen on grounds only of religion, race caste, sex, place, sex, place of birth or any of them.

Criminal law amendment Bill 2019:

In parliament: law needs to be balanced has been disturbed. All the sexual offender should be gender neutralized .Men, women and other genders can be perpetrators and also victim of these offence .Men ,women and others need to be protected(S.K Tulsi July2019).

Advocate Sanjiv Kumar filed a PIL challenging the constitutionally of the rape case under the Indian Penal Code (IPC). He stated that

“Gender neutrality is a simple recognition of reality- men sometimes fall victim to the same or at least very similar acts to those suffered by women..Male rape is far too prevalent to be termed as an anomaly or a freak incident. By not having gender – neutral rape laws, we are not denying a lot more men justice than is commonly thought.”

Leading cases:

1) Nirbhaya Rape case: on 16 ,2012 Nirbhaya and her male friends had just finished watching “life of pi” which later change their life forever. She was brutally rape and thrown off the bus along with her friend. Mohammed Afroze inserted iron rod into her privates parts after raping her, which cause internal injury and she died. On 13^th March 2014, Delhi High court gave its vedict in the cases with reference to Ram Singh vs ORS, the death penalty was imposed on four convicts by Delhi high court. The Delhi High court found each of the defendants are guilty of rape, murder, unnatural offences and destruction of evidence. The Criminal law (amendment) Act 2013 was passed after the Nirbhaya case. The Act amended several provision of Indian Penal Code ,Indian Evidence Act, and the criminal procedure code.

2) 2019 Hyderabad raped case: A veternarian was raped and killed by four men in Hyderabad. on Dec 6 ,2019, they were killed on encountered under a bridge on Bangalore Hyderabad highway.

3) Unao Rape case: On, the 4^th day of June 2017, a minor was gang raped by BJP Jaideep alias Atul Singh, and others. The family filed an FIR under section 363 and 366 of IPC, but the police officer refuse to do so, but advice them to compromise as he was the BJP MLA. So the family of the victim has to move to court for the justice. In 2018 victim father confronted the alleged BJP MLA, but he was thrashed mercilessly later on the days of 9^th died due to injuries sustained by him during the custody On 12^th April 2018 Kuldeep Sengar was arrested. Finally on 20^th December MLA Sengar was convicted and the court awarded him a sentence of imprisonment for life under section 376(2) of IPC and also an amount of Rs.10 lakh be paid as composition.

4) Hathras Gangrape case: On sep 14 2022 19 years old girls was gang raped and murdered in Hathras district of Uttar Pradesh, after 15 days she was cremated immediately on the death night without the consent of the family members. The SC/ST court in Hathras on Thursdays acquitted three out of four accused person. It was alleged that fourth youths belongs to dominating communities. The convicted Sandeep Sisodia was sentenced to life imprisonment by the court after founding him guilty under section 304 of IPC and fine of 50,000. The victim family approach the Allahabad High Court against the verdict.

5) Kathua rape case: On 10^th Jan eight year muslim girls was abducted and gang rape by priest and his son and nephew inside the temple.it was believed that due to the tension of Hindu –Muslim. On 17^th January her dead body was found between those periods she was raped repetitive and also given sedatives to fulfill they needs .And then they tried to kill her by her bare hand by choking her neck, which fails ,then they use a cloth to strangulated her body but when they realized she was still alive they smashed her head, the rapist were supported by two BJP MLA and also the Bar association of Jammu .The incident turned political drama. The three accused Tilak Raj, Anand Dutta and Surender Verma were sentenced to five years of imprisonment. The court acquitted Sanji Ram’s son ,Vishal due to lack of evidence .The eight accused ,Sanji Ram’s juvenile nephew ,was tried at a juvenile court.

Research question?

1. Why raped happened? How to overcome it?

2. How a gender neutral law can help the victim to get justice?

3. Why there is stigma that a man can only be prepators not a victims?

4. Why the society blamed women clothing for being raped? Even if so the why are animals raped, do we need to dressed up them?

5. There’s less talk about men being raped and also women being raped by women? Why is it so.

6. How can we as a society can help a victim overcome the trauma that she/he has been through due to that rape incident?

7. Should the books, magazine, movies be more carefully censored, with the objective that they doesn’t promote unhealthy sex?

Research objective:

Being law student has always been inquisitive about the facts why the society have the stigma of accepting that man are rape too. The laws in India under POSCO Act punished any offence done to a male child then why there are no gender -neutral for men? .Moreover the man that are vocally says that they were abused sexually are bashed and shame. They objective of this research is to understand

· The shame that male victim face being a victim

· How to decrease the statistic number of rape victim irrespective of gender.

· To under the psychology of both victim and the rapist

Conclusion

Through the research I personally that rape is a very sensitive topic which is not confined only to a particular gender. There’s a need of amendment in the Indian law. During the course of research I perceive that some men are not aware with the fact that they were sexually abused once, moreover they feels that’s it a vague topic to discuss because to them men are superior and stronger. And fews have admitted it not a easy topic that can be brought around the table. while researches realized that women are being raped too which sound unusual. It was an arduous for me to find leading case on rape against men. It’s high time that we need to bust the myth that man cannot be raped. According to survey around 71% men are raped and around 84% don’t report it.

They are countries that have reform they law so I feel as a law student feelsnd there should not be any discrimination on the basis of religion, caste, sex and place of birth.

Biblography

· https://www.dailyo.in/variety/rape-laws-sexual-assault-section-377-sodomy-men-victims-of-rape-asia-argento-rahul-raj-singh-metoo-27360

· https://blog.ipleaders.in/critical-analysis-of-rape-of-male-in-india/

· https://www.eou.edu/student-affairs/sex-matters/rape-trauma-syndrome/

Article Information

CAMPARISON OF RAPE BETWEEN MEN AND WOMEN

Authors: JIMI SONO

Journal IJLRA
ISSN 2582-6433
Published 2023/07/18
Issue 7

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International Journal for Legal Research and Analysis

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CAMPARISON OF RAPE BETWEEN MEN AND WOMEN

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