As defined by Cambridge dictionary, rape means to force someone to have sex when they are unwilling, using violence or threatening behaviour. However, who ever thought to define rape in the words of the victim? What about their screams that turns into whispers? Can a tsunami in their heart, soul and body be described in a book? This blog written by Hitika Parashar, Bow Valley College, Canada (September 2023 intake) will define rape and its laws in the words of the victims.
“There I was, going to my friend’s party, having a blast time, enjoying the food, the music and the beautiful lights. Until, my friend gave me water to quench my thirst and suddenly all the lights started to diminish and I was in a darkened room with him, feeling lifeless with no strength, but still he was able to move and shake my body by putting his in mine. He is behind the bars now, the justice is served, but still, I cannot drink water ever to quench my thirst”!
1. Acquaintance or Date Rape
Date rape is a rape when a person is forced to have sexual intercourse or any kind of sexual assault on herself by a familiar being under the influence of intoxicated substances in a body induced by the very acquaintance with the intentions of sexual harassment. Typically, it is known as drug facilitated sexual assault (DFSA).
Case: Harpal Singh & others v. State of Himachal Pradesh
Facts:
The prosecutrix in this case, a little girl under the age of 16, was sent by her mother to the hamlet to see her sick aunt. The accused approached her as she was leaving and informed her that her brother was laying ill in the pharmacy. He hurried after her, locking her in a room with two other people. They then engaged in sexual activity with her against her will after that. Later, she was saved by her family, who made the decision to remain silent. After the incident was later reported in a newspaper, the police launched their investigation. According to the accuser, the girl was accustomed to having sex and provided her consent.
Judgment:
The Supreme Court found enough evidence which proved that she was under 15 years old during the sexual intercourse and as such her consent was no consent at all. The accused were held liable for rape under Section 376 of the Indian Penal Code.
2. Spousal Rape or Marital Rape
“I was at my house, sleeping on my very bed. Until, my husband came and snatched away my body, sleep and rest of the life. He said, this ‘sexual love’ now is bound to happen because I over cooked the food today. From today, it started to happen every day. He not only abused my body, but my ability to think and understand. He always made it my fault and got in and out of my body every passing night without my consent and I could not ever speak or cry to express because we were tied in a marriage’s knot.”
In other words, spousal rape, wife rape, husband rape, partner rape, or intimate partner sexual assault (IPSA) are various terms for marital rape. It is referred to as marital rape when a spouse engages in any sexual action on his or her partner without that person's consent. This rape that takes place between a married couple, is a combination of domestic abuse and sexual abuse.
Case: Emperor Vs Shahu Mehraab
Facts of the Case:
The accused had sexual intercourse with his wife, the wife was only 11 years old and died because of the sexual intercourse.
Judgment:
As the exception of Section 375 of the Indian Penal Code talks about, sexual intercourse by a man with his wife, the wife being under 15 years of age is not rape. That’s why the accused was convicted under Section 304A of the Indian Penal Code for inflicting the death of his wife by the rash and negligent activity of sexual intercourse with her.
3. Gang rape
“Just like any other routine day, I was coming back from my office, when out of nowhere a group of five-six men came and took me in a van, gagged a cloth in my mouth and had sexual intercourse with me on that long winter night. They are all convicted by the court; however, I still do not comprehend why it happened with me, who did and for what reason. Was it my mistake? Did I do anything wrong? Every passing day, I ask myself what did I do to deserve that? Why can’t I sleep peacefully on my bed like any other girl? When will a day come when I will be able to forget what and how brutally it happened and when I will be able to walk alone on the streets?”
When three or more than three men assaults a one single woman, it is considered as gang rape. It is also known or committed in various forms called serial gang rape, party rape, group rape, or multiple perpetrator rape. The motive of each type of gang rape may differ, but the trauma it causes to a girl, a child or a woman is undeniably the same and unforgettable.
Case: Mukesh Vs NCT of Delhi
Facts of the case:
Prosecutrix was a 23 year old women. She went to watch a movie with her friend. While returning both of them took a bus and were persuaded by one of the culprits. Both of them were assaulted and gang raped by 6 men. They were taken to the hospital but the prosecutrix died due to several medical complications.
The case is popularly known as Nirbhaya Case.
Judgement of the Case
The Court Concluded, aggravating circumstances outweighed mitigating elements. The death penalty must be declared in the "rarest of rare cases," where any other punishment is "unquestionably foreclosed." Here, shocking violations of human dignity have come to light, and society has been overtaken by an unspoken fear. Death sentence is surely granted because human lust was never permitted to evolve in such a cruel form.
4. Prison Rape
“As soon as I was arrested for a false domestic case by my wife, I was encountered with another emotional trauma when I was raped by a policeman. The physical pain that he gave me washed away with the passage of time, but the mental agony it gave, still revisits my mind every day.”
If a government employee or a cellmate engages in any sexual behavior on an accused person who has already been arrested, it will be regarded as a prison rape. Typically, this is done with little thought to actually meeting their wants and rather out of a desire to show off their authority.
Case: Smt. Rameeza Bee Vs D Armugam
Facts of the Case:
In the present case, lady Rameeza Bee, age 26, and her husband were detained in Andhra Pradesh. She was detained in the police station for a short while before the three officers raped her therein. Because her husband was indulged in some protest, he was brutally beaten to death.
Judgement:
Many protests sprang out in response to her allegation. The Muktdar Commission, an inquiry panel, was established as a result. In the end, the panel decided that our findings had justified the conviction of police personnel. But all of them were freed on the basis that the Muktdar Commission's evidence was not admissible before the sessions court, which led to their acquittal.
5. Custodial Rape
“It was another day in a custody when a police officer sent the other women away and forced me to have a sexual intercourse with him or else, he threatened me to be in the prison for the rest of my life. I do not know to whom or what to say, as I am already considered as an evil one in the society’s character of play.”
Rape committed by a state official in a supervisory or custodial role, such as a police officer, public employee, jail or hospital personnel, is referred to as "custodial rape." It also includes the rape of kids who are being cared for institutionally, including in orphanages.
Case: Mathura Rape Case 1972
Facts of the Case:
A Maharashtrian Adivasi girl was called to Mathura, and her family was then asked to leave her in the police station. The girl, who was 16 years old, was in her teen years. She was then raped by two police officers at the station house.
Judgement of the Case:
The case led to reforms and amendment made on rape laws in India. In response to Section 114(A) of the Evidence Act, which was enacted on December 25, 1983, the Criminal Law Amendment Act 1983 (No. 43) created a statutory provision that states that if the victim claims she did not consent to the sexual intercourse, the Court shall presume that she did not consent as a rebuttable presumption. Following the occurrence, new legislations were also passed. With the introduction of Section 376(A), Section 376(B), Section 376(C), and Section 376(D), which made custodial rape punishable, the Indian Penal Code's Section 376 (penalty for rape) experienced a modification. The amendment also provided provisions for in-camera trials, moved the burden of proof from the accuser to the accused once intercourse was proved, and defined custodial rape.
