Picturization of IPC Sections

Definitions

Though definitions vary, rape is defined in most jurisdictions as sexual intercourse, or other forms of sexual penetration, by one person ("the accused" or "the perpetrator") with or against another person ("the victim") without the consent of the victim.

The term sexual assault is closely related to rape. Some jurisdictions define "rape" to cover only acts involving penile penetration of the vagina, treating all other types of non-consensual sexual activity as sexual assault. The terminology varies, with some places using other terms. For example, Michigan, United States uses the term "criminal sexual conduct".In some jurisdictions, rape is defined in terms of sexual penetration of the victim, which may include penetration with objects, rather than body parts.Some jurisdictions also consider rape to include the use of sexual organs of one or both of the parties, such as oral copulation and masturbation.

In Brazil, the definition of rape is even more restrictive. It is defined as non-consensual vaginal sex.Therefore, unlike most of Europe and the Americas, male rape, anal rape, and oral rape are not considered to be rape. Instead, such an act is called a "violent attempt against someone's modesty" ("Atentado violento ao pudor").

In recent years, women have been convicted of raping or sexually assaulting men.[citation needed] Also, in recent years women have also been convicted of rape or sexual assault by procuring a man to rape another woman, and by being an accomplice to a rape.
Consent

In any allegation of rape, the absence of consent to sexual intercourse on the part of the victim is critical. Consent need not be expressed, and may be implied from the context and from the relationship of the parties, but the absence of objection does not of itself constitute consent.

Duress, in which the victim may be subject to or threatened by overwhelming force or violence, and which may result in absence of objection to intercourse, leads to the presumption of lack of consent. Duress may be actual or threatened force or violence against the victim or somebody else close to the victim. Even blackmail may constitute duress. The International Criminal Tribunal for Rwanda in its landmark 1998 judgment used a definition of rape which did not use the word 'consent': "a physical invasion of a sexual nature committed on a person under circumstances which are coercive."

Valid consent is also lacking if the victim lacks an actual capacity to give consent, as in the case of a victim who is a child, or who has a mental impairment or developmental disability. Consent can always be withdrawn at any time, so that any further sexual activity after the withdrawal of consent constitutes rape.

The law would invalidate consent in the case of sexual intercourse with a person below the age at which they can legally consent to such relations. (See age of consent.) Such cases are sometimes called statutory rape or "unlawful sexual intercourse", regardless of whether it was consensual or not.

In times gone by and in many countries still today marriage is said to constitute at least an implied consent to sexual intercourse. However, marriage in many countries today is no longer a defense to rape or assault. In some jurisdictions, a person cannot be found guilty of the rape of a spouse, either on the basis of "implied consent" or (in the case of former British colonies) because of a statutory requirement that the intercourse must have been "unlawful" (which is legal nomenclature for outside of wedlock).However, in many of those jurisdictions it is still possible to bring prosecutions for what is effectively rape by characterizing it as an assault.

Types

There are several types of rape, generally categorized by reference to the situation in which it occurs, the sex or characteristics of the victim, and/or the sex or characteristics of the perpetrator. Different types of rape include but are not limited to: date rape, gang rape, marital rape or spousal rape, incestual rape, child sexual abuse, prison rape, acquaintance rape, war rape and statutory rape.Men can be raped as well as women. The victim does not have to be penetrated to be raped, the perpetrator can use objects to stimulate the genitals. The perpetrator can use his hand to stimulate the genitals. The perpetrator can use drugs (roofies and others) or hypnosis to incapacitate the victim. Rape is not always done for sexual satisfaction of the perpetrator. Blackmail, punishment, curiosity, money, and power are all motives for rape as well as sex.

History


The rape of noblewoman Lucretia was a starting point of events that led to overthrow of Roman Monarchy and establishment of Roman Republic. As a direct result of rape, Lucretia committed suicide. Many artists and writers were inspired by the story, including Shakespeare, Botticelli, Rembrandt, Dürer, Artemisia Gentileschi, Geoffrey Chaucer, Thomas Heywood and others. Picture:The Rape of Lucretia by Titian

In ancient history, rape was viewed less as a type of assault on the female, than a serious property crime against the man to whom she belonged, typically the father or husband. The loss of virginity was an especially serious matter. The damage due to loss of virginity was reflected in her reduced prospects in finding a husband and in her bride price. This was especially true in the case of betrothed virgins, as the loss of chastity was perceived as severely depreciating her value to a prospective husband. In such cases, the law would void the betrothal and demand financial compensation from the rapist, payable to the woman's household, whose "goods" were "damaged".Under biblical law, the rapist might be compelled to marry the unmarried woman instead of receiving the civil penalty if her father agreed. This was especially prevalent in laws where the crime of rape did not include, as a necessary element, the violation of the woman's body, thus dividing the crime in the current meaning of rape and a means for a man and woman to force their families to permit marriage. (See Deuteronomy 22:28-29.)

The word rape itself originates from the Latin verb rapere: to seize or take by force. The word originally had no sexual connotation and is still used generically in English. The history of rape, and the alterations of its meaning, is quite complex. In Roman law, rape was classified as a form of crimen vis, "crime of assault."Unlike theft or robbery, rape was termed a "public wrong" iniuria publica as opposed to a "private wrong" iniuria privita.Augustus Caesar enacted reforms for the crime of rape under the assault statute Lex Iulia de vi publica, which bears his family name, Iulia. It was under this statute rather than the adultery statute of Lex Iulia de adulteriis that Rome prosecuted this crime.Emperor Justinian confirmed the continued use of the statute to prosecute rape during the 6th century in the Eastern Roman Empire.By late antiquity, the general term raptus had referred to abduction, elopement, robbery, or rape in its modern meaning. Confusion over the term led ecclesial commentators on the law to differentiate it into raptus seductionis (elopement without parental consent) and raptus violentiae (ravishment). Both of these forms of raptus had a civil penalty and possible excommunication for the family and village receiving the abducted woman, although raptus violentiae also incurred punishments of mutilation or death.

From the classical antiquity of Greece and Rome into the Colonial period, rape along with arson, treason and murder was a capital offense. "Those committing rape were subject to a wide range of capital punishments that were seemingly brutal, frequently bloody, and at times spectacular." In the 12th century, kinsmen of the victim were given the option of executing the punishment themselves. "In England in the early fourteenth century, a victim of rape might be expected to gouge out the eyes and/or sever the offender's testicles herself."

The medieval theologian Thomas Aquinas argued that rape, though sinful, was much less unacceptable than masturbation or coitus interruptus, because it fulfilled the procreative function of sex, while the other acts violated the purpose of sex.

During the Colonization of the Americas, the rape of native women was not held to be a crime under Spanish Law as the persons in question were Pagan and not Christian.

The modern criminal justice system is widely regarded as unfair to sexual assault victims.Both sexist stereotypes and common law combined to make rape a "criminal proceeding on which the victim and her behavior were tried rather than the defendant".Additionally, gender neutral laws have combated the older perception that rape never occurs to men,while other laws have eliminated the term altogether.

Since the 1970s many changes have occurred in the perception of sexual assault due in large part to the feminist movement and its public characterization of rape as a crime of power and control rather than purely of sex. In some countries the women's liberation movement of the 1970s created the first rape crisis centers. One of the first two rape crisis centers, the D.C. Rape Crisis Center, opened in 1972. It was created to promote sensitivity and understanding of rape and its effects on the victim. In 1960 law enforcement cited false reporting rates at 20%. By 1973 the statistics had dropped to 15%. After 1973 the New York City Police Department used female officers to investigate sexual assault cases and the rate dropped to 2% according to the FBI. (DiCanio, 1993).

Male-male rape has historically been shrouded in secrecy due to the stigma men associate with being raped by other men. According to psychologist Dr Sarah Crome fewer than one in ten male-male rapes are reported. As a group, male rape victims reported a lack of services and support, and legal systems are often ill equipped to deal with this type of crime.

Most legal codes on rape do not legislate against women raping men, as rape is generally defined to include the act of penetration on behalf of the rapist.[citation needed] In 2007 the South Africa police investigated instances of women raping young men.





Dowry deaths are the deaths of young women who are murdered or driven to suicide by continuous harassment and torture by husbands and in-laws in an effort to extort an increased dowry. Dowry deaths are reported in various South Asian countries such as India, Pakistan, and Bangladesh. Dowry death is considered one of the many categories of violence against women in South Asia.

Most dowry deaths occur when the young woman, unable to bear the harassment and torture, commits suicide. Most of these suicides are by hanging, poisoning or by fire. Sometimes the woman is killed by setting her on fire; this is known as "bride burning", and sometimes disguised as suicide or accident. According to Indian police, every year it receives over 2,500 reports of bride-burning, while human rights organisations in Pakistan report over 300 deaths per year.The Indian National Crime Records Bureau (NCRB) reports that there were about 6787 dowry death cases registered in India in 2005.[citation needed] Incidents of dowry deaths during the year 2005 (6,787) have increased significantly by 46.0 per cent over 1995 level (4,648).[citation needed]

'The 1961 Dowry Prohibition Act' prohibits the request, payment or acceptance of a dowry, "as consideration for the marriage". where "dowry" is defined as a gift demanded or given as a precondition for a marriage. Gifts given without a precondition are not considered dowry, and are legal. Asking or giving of dowry can be punished by an imprisonment of up to six months, or a fine of up to Rs. 5000. It replaced several pieces of anti-dowry legislation that had been enacted by various Indian states.Indian women's rights activists campaigned for more than 40 years to contain dowry deaths without much success. The Dowry Prohibition Act 1961 and the more stringent Section 498a of IPC (enacted in 1983) did not achieve the desired result. Using the Protection of Women from Domestic Violence Act 2005 (PWDVA) implemented in 2006, a woman can put a stop to the dowry harassment by approaching a domestic violence protection officer. Due to demands by women's rights activists, the Indian government has modified property inheritance laws and permitted daughters to claim equal rights to their parental property. Some religious groups have urged the people to curb the extravagant spendings during the marriages.