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Trending: Call for Papers Volume 5 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

OVERVIEW OF THE SEXUAL OFFENCE OF RAPE – Gaurav Karn & Dr. Bhavya Sharma

Sexual assault is a heinous crime that devastates victims’ lives, and many incidents go unreported due to societal attitudes that unjustly stigmatize the victim’s attire rather than condemning the perpetrator’s malicious intent. The persistence of such crimes raises questions about the adequacy of legal deterrents.Those who commit sexual assault are likened to inhuman entities masquerading as humans, and there are calls for severe punishment to ensure justice. The impact on survivors can be profound, potentially leading to depression, post-traumatic stress disorder, or suicidal thoughts. The discussion around legal reforms is crucial, as this crime affects not just individuals but society at large.

TYPES OF RAPE

  1. Aggravated rape refers to cases where the severity is heightened due to the perpetrator’s position of authority or the victim’s vulnerability. This includes:
  • Authority-Based Rape: When the assailant has legal authority over the victim, such as a police officer, public servant, military personnel, or prison staff.
  • Trust-Based Rape: When the assailant is in a trusted position, like hospital staff, relatives, or guardians.

Aggravated rape also encompasses situations involving particularly vulnerable victims or violent circumstances. The penalty for such crimes is severe, with imprisonment ranging from 10 years to life, along with fines.

  1. Rape and Murder: If rape results in the victim’s death or a vegetative state, the law may impose the death penalty or life imprisonment on the perpetrator.
  2. Gang Rape: When a woman is assaulted by multiple individuals simultaneously, each perpetrator can face severe punishment under Section 70(1) & (2) of the BNS, which includes 20 years to life imprisonment.
  3. Repeat Offenders: Under Section 71 of the BNS, repeat offenders may be sentenced to death if convicted of rape for a second time.

SOCIAL FACTORS THAT CONTRIBUTE TO THE PERPETUATION OF RAPE CULTURE

  1. Gender Stereotypes and Socialization: From a young age, individuals are often socialized into rigid gender roles that can contribute to rape culture. Men may be taught to be aggressive and dominant, while women may be socialized to be passive and submissive. These stereotypes can lead to a power imbalance and a sense of entitlement over women’s bodies.
  2. Victim Blaming: Rape culture is sustained by the tendency to blame victims for their own assault. Questions about what a victim was wearing, their past sexual history, or why they were in a certain place at a certain time shift the focus from the perpetrator’s actions to the victim’s behaviour.
  3. Trivialization of Sexual Assault: Media and popular culture often depict sexual assault as a joke or a plot device, rather than a serious issue. This trivialization can desensitize people to the gravity of rape and reinforce the idea that it’s not a significant problem.
  4. Lack of Education: A lack of comprehensive sex education contributes to rape culture by failing to teach consent and healthy sexual relationships. Without this knowledge, individuals may not understand the importance of consent or recognize non-consensual acts as rape.
  5. Misogynistic Language: Language that objectifies or degrades women contributes to a culture that disrespects women’s autonomy. Phrases that equate masculinity with sexual conquest can also pressure men to act aggressively.
  6. Media Representation: The media often portrays women as sexual objects and men as predators, reinforcing harmful stereotypes. The glamorization of sexual violence in movies, music, and video games can normalize such behaviour.

Addressing rape culture requires a multifaceted approach, including education, legal reform, media literacy, and cultural change. It involves challenging deeply ingrained beliefs and behaviours and promoting a culture of respect, consent, and equality. By understanding the social factors that contribute to rape culture, we can begin to dismantle it and create a safer society for everyone.