Rape is a stigma which exists in our society from a long time. The dictionary meaning of this word rape is “the ravishing or violation of a woman.” The rape victim i.e. a woman as woman cannot commit a rape due to biological reasons. She is traumatized after rape and it is very difficult for a woman to come out of this trauma. Rape is a cognizable offence in India. There are many provisions in various Acts for rape. The word rape is defined u/s 375 (1) of Indian Penal Code Act 1860. It defines the rape and also prescribes punishment for it. Whenever a man penetrate or does sexual intercourse with a woman without her consent it will amounts to rape. Penetration means that when penis touch only slightest to vagina amounts to rape unruptured hymen does not mean that rape was not committed. There are exceptions to it i.e. when a man does sexual intercourse with his wife with consent who is above 15 years of age. In the rape law under Indian Penal Code there has been lots of amendments done. The amendment in 1983 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. Child rape is sexual intercourse with a minor who is below the age of consent. It can be termed sexual misconduct with a minor, sexual assault, sexual imposition, etc. Some states go on to specify different levels based on the age of the victim and the rapist. Even if an individual who is under the age of consent says ‘yes’ and initiates intercourse with someone over the age of consent the law says it is still statutory rape because the that younger person under law has no legal right to give consent. The statutes defining child rape vary from state to state it is usually the act when an older person has sexual intercourse with a child. Sexually abused children are mostly let down by systemic failure of the criminal justice system. Only 3 % of Child Sexual Abuse offences were reported to the police. It is unsurprising that Child Sexual Abuse is severely under reported given the shame and associated socio-cultural stigma especially if the abuse is in the context of the family. This Phenomenon is not unique to India but it is also common to other Asian countries where an individual experience is ignored so as to protect the family from shame with sexual abuse.
Death penalty as punishment for rape
Offenders who rape girls under 12 may now be subject to the death penalty in India, according to an ordinance passed by India’s cabinet. The law provides for death penalty as the maximum punishment in cases of rape of a child under 12. The Criminal Law (Amendment) Bill 2018 enhances the minimum sentence for offence of rape against girl children of all three age categories. Under new law if the victim is under the age of 12 years the culprit faces minimum sentence of 20 years up from 10 years previously and the maximum punishment is death penalty. In the cases of gang rape of child under the age of 12 years the minimum punishment is life sentence while the maximum is death penalty. Where the child is aged between 12 and 16 the offence of rape is punishable with the minimum sentence of 20 years up from 10 years. The maximum punishment is life imprisonment. Where a girl aged between 12 and 16 is gang raped the offender faces minimum punishment of life sentence. Where the victim’s age is between 16 and 18 the offence of rape is punishable with minimum punishment of 10 year and maximum is life imprisonment. Repeat offenders will be punished with death or life imprisonment. The Bill provides for time bound investigation of rape of girl children. The investigation to the rape of a child must be completed within two months and case is to be tried in a fast track court. Under new law it is also states that any appeal against a sentence by the trial court must be disposed of within six months. Also the accused is not entitled to anticipatory bail in offences of rape of child less than 16 years of age.