RAPE:

Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual

penetration carried out against a person without that person's consent. The act may be carried out by
physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent,
such as one who is unconscious, incapacitated, has an intellectual disability or is below the legal age of
consent The term rape is sometimes used interchangeably with the term sexual assault.

Rape is defined in most jurisdictions as sexual intercourse, or other forms of sexual penetration,
committed by a perpetrator against a victim without their consent.[17] The definition of rape is
inconsistent between governmental health organizations, law enforcement, health providers, and legal
professions.[18] It has varied historically and culturally.[17][18] Originally, rape had no sexual connotation
and is still used in other contexts in English. In Roman law, it or raptus was classified as a form of crimen
vis, "crime of assault".[19][20] Raptus referred to the abduction of a woman against the will of the man
under whose authority she lived, and sexual intercourse was not a necessary element. Other definitions
of rape have changed over time.

RAPE LAWS IN INDIA:

§375. Rape. A man is said to commit "rape" who, except case hereinafter excepted, has sexual
intercourse[21] with a woman in circumstances falling under any of the six following 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 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
unwholesome substance, she is unable to understand the nature and consequences of that to which she
gives consent.

Sixthly. –– With or without her consent, when she is under sixteen[22] years of age.

Explanation. –– Penetration is sufficient to constitute the sexual intercourse necessary to the offence of
rape.

Exception. –– Sexual intercourse by a man with his own wife, the wife not being under fifteen years of
age, is not rape.
§375. 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 any other person; or (b) inserts,
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 woman so as to cause penetration into the vagina, urethra, anus or any part of body 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 a woman 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 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
unwholesome Substance, she is unable to understand the nature and consequences of that to which she
gives consent.

Sixthly. –– With or without her consent, when she is under eighteen years of age.

Seventhly. –– When she is unable to communicate consent.

Explanation 1. –– For the purposes of this section, "vagina" shall also include labia majora.

Explanation 2. –– Consent means an unequivocal voluntary agreement when the woman by words,
gestures or any form of verbal or non-verbal communication, communicates willingness to participate in
the specific sexual act;

Provided that a woman who does not physically resist to the act of penetration shall not by the reason
only of that fact, be regarded as consenting to the sexual activity. Exceptions –– 1. A medical procedure
or intervention shall not constitute rape; 2. Sexual intercourse or sexual acts by a man with his own wife,
the wife not being under fifteen years of age, is not rape.

Even after the 2013 reform, marital rape when the wife and husband live together continued not to be a
crime in India. Article 376B of the 2013 law made forced sexual intercourse by a man with his wife – if
she is living separately – a crime, whether under a decree of separation or otherwise, punishable with at
least a 2-year prison term.[15] Forced sex by a man on his wife may also be considered a prosecutable
domestic violence under other sections of Indian Penal code, such as Section 498(A) as well as
the Protection of Women from Domestic Violence Act 2005.[24] The crime of sexual assault on a child, that
is anyone below the age of eighteen, is further outlined and mandatory punishments described in The
Protection of Children from Sexual Offences Act 2012.[25]

All sexual acts between the members of the same sex, consensual or forced, was previously a crime
under Section 377 of Indian penal code, after the 2013 Criminal Law reform, with punishment the same
as that of rape[26] but it was later overturned in a landmark judgement of the Supreme Court on 6
September 2018 which stated all consensual sexual acts between adults who have met the age of
consent are not violative of Section 377, hence decriminalizing gay sex in India.[27][28]

Section 375 of the IPC made punishable the act of sex by a man with a woman if it was done against her
will or without her consent. The definition of rape also included sex when her consent has been
obtained by putting her or any person in whom she is interested, in fear of death or of hurt.

Also, sex with or without her consent, when she is under 18 years is considered rape. However, under
the exception, sexual intercourse or sexual acts by a man with his wife, the wife not being under 15
years of age, is not rape.

Section 376 provided for seven years of jail term to life imprisonment to whoever commits the offence
of rape.

Although the long-term effects of sexual abuse of women by men have been studied extensively, there
has been minimal research exploring the effects of sexual assault by men on other men. Until recently,
very little attention has been paid to male victims of rape and sexual assault in adulthood; even less
attention has been paid to male rape in the military. In fact, there are few studies on even the
prevalence of sexual assaults of men in the US Army.1 Similar to female rape victims, adult male rape
victims rarely turn to the legal, medical, or mental health systems for assistance. Personal stories of
male rape mirror female rape in terms of a sense of shame, humiliation, and self-blame, but males are
even less likely than females to report an assault.

RAPE LAWS IN USA:

In the United States, rape is the most serious form of sexual assault punishable by law, but the definition
of what constitutes rape varies from state to state. In all states, if a man forcibly subjects a woman who
is not his wife to sexual intercourse without her consent, he has committed the crime of rape.

Recently, an increasing number of states have passed rape reform laws to define rape to include certain
nonconsensual incidents of intercourse without requiring the use of force as well as the rape of one’s
spouse. Any sexual intercourse with a child is rape and in most states sexual relations even with consent
involving a girl 14 to 18 is "statutory rape," because of the lack of the child's capacity to consent. Rape
may also be found when a person has sex with a victim who is deemed legally incapable of consenting if
she or he is known to be mentally incompetent, intoxicated, or drugged.

Rape shield laws have been passed in almost all states to protect victims from the emotional trauma of
being questioned about their sexual history on the witness stand. The fear of being humiliated has
discouraged victims from reporting and pursuing charges. On the federal level, the United States
Congress enacted Rule 412 of the Federal Rules of Evidence. This Rule declares that evidence offered to
prove the victim engaged in other sexual behavior, or evidence offered to prove any victim's sexual
predisposition, is generally inadmissable in any civil or criminal proceeding involving alleged sexual
misconduct.

Some states require the complaint of rape must be made within a certain time period. State laws vary
on application of the "fresh complaint" doctrine. A fresh complaint is one made voluntarily and
reasonably promptly after the sexual abuse. Discovery of rape trauma syndrome has undermined the
fresh complaint rule, which was based on the assumption that delayed complaints of rape were less
reliable.

The following is an example of a State Statute (Kentucky) defining 1st , 2nd and 3rd degree Rape:

KRS § 510.040. Rape in the first degree.

(1) A person is guilty of rape in the first degree when:

(a) He engages in sexual intercourse with another person by forcible compulsion; or

(b) He engages in sexual intercourse with another person who is incapable of consent because he:

1. Is physically helpless; or

2. Is less than twelve (12) years old.

(2) Rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives
a serious physical injury in which case it is a Class A felony.

KRS § 510.050 . Rape in the second degree.

(1) A person is guilty of rape in the second degree when:

(a) Being eighteen (18) years old or more, he engages in sexual intercourse with another person less
than fourteen (14) years old; or

(b) He engages in sexual intercourse with another person who is mentally incapacitated.

(2) Rape in the second degree is a Class C felony.

KRS § 510.060 . Rape in the third degree.

(1) A person is guilty of rape in the third degree when:

(a) He engages in sexual intercourse with another person who is incapable of consent because he or she
is mentally retarded;
(b) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another
person less than sixteen (16) years old;

(c) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another
person less than eighteen (18) years old and for whom he or she provides a foster family home as
defined in KRS 600.020; or

(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or
she engages in sexual intercourse with a minor under sixteen (16) years old with whom he or she comes
into contact as a result of that position.

(2) Rape in the third degree is a Class D felony.

Penalties: Imprisonment

Sexual assault laws regarding rape and criminal sexual penetration usually define this conduct as a
felony with serious penalties. Many states have degrees of the crime, such as a rape in the first and
second degree, depending on the vulnerability of the victim, the type of force used, whether the rape
resulted in serious bodily injury, and whether it was committed with a deadly weapon, such as a rape at
gun point.

Sentences for rape can range from one year to even life in prison, depending on the provisions of each
state’s sentencing statute or sentencing guidelines, the victim’s age or status, and the circumstances of
the crime. Some states require a minimum prison sentence or require the court to impose a prison
sentence without probation or early parole. In other states, the judge may have some discretion on the
length of the sentence and whether to allow the defendant to serve any portion of the sentence on
probation rather than in prison.

Penalties: Treatment

A person convicted of a sex crime also will face penalties other than jail or prison. Sex offenders
normally are required to undergo treatment either in jail or prison or as a condition of probation.

Penalties: Sexual Offender Registration

Every state in the U.S. has a sex offender registration and notification program. Sex offender registry
statutes require that a person convicted of a sex offense register with the sex offender registry in the
state where he resides. A sex offense requiring registration is any crime that includes sexual penetration
or sexual contact as an element.

Registration as a sex offender requires a person to have his name, address, and information about his
crime on file with the registry. Some or all of that information is available to the public, and every state
has a sex offender web site that the public can search. Being placed on a sex offender registry will have
serious and possibly life-long consequences to the registrant, making it difficult to find employment and
housing
RAPE LAWS IN CANADA:

Canada has a broad definition of sexual assault. It includes all unwanted sexual activity, such as
unwanted sexual grabbing, kissing, and fondling as well as rape.

Sexual activity is only legal when both parties consent. Consent is defined in Canada’s Criminal Code in s.
273.1(1), as the voluntary agreement to engage in the sexual activity in question. The law focuses on
what the person was actually thinking and feeling at the time of the sexual activity. Sexual touching is
only lawful if the person affirmatively communicated their consent, whether through words or conduct.
Silence or passivity does not equal consent.

The Criminal Code also says there is no consent when:

 Someone says or does something that shows they are not consenting to an activity

 Someone says or does something to show they are not agreeing to continue an activity that has
already started

 someone is incapable of consenting to the activity, because, for example, they are unconscious

 the consent is a result of a someone abusing a position of trust, power or authority

 someone consents on someone else’s behalf.

A person cannot say they mistakenly believed a person was consenting if:

 that belief is based on their own intoxication; or

 they were reckless about whether the person was consenting or;

 they chose to ignore things that would tell them there was a lack of consent; or

 they didn’t take proper steps to check if there was consent.

 No one can legally consent in advance to sexual activity in the future when they will be unconscious.
No one can legally consent to activity where they will suffer bodily harm, such as activity that will
cause serious bruises, stitches or broken bones.

The law about sexual activity involving young people has recently changed. Generally, the age of
consent for sexual activity is 16 years. However, the age of consent is 18 years where the sexual activity
involves prostitution, pornography or occurs in a relationship of authority, trust or dependency (e.g.,
with a teacher, coach or babysitter).
There are exceptions for sexual relationships for people who are close in age. This means that a person
as young as 14 can legally consent to sexual activity with someone why is less than five years older than
them as long as there is no relationship of trust, authority or dependency or any other exploitation.
Similarly, a 12 or 13 year old can consent to sexual activity with another young person who is less than
two years older and with whom there is no relationship of trust, authority or dependency or other
exploitation.

The sentencing of the accused, if convicted, depends on the severity of circumstances and the presence
and details of the accused's prior criminal history. The Crown Prosecutor decides whether to proceed
summarily or by indictable. Summary conviction is a less serious route and will carry a lesser punishment
than an indictable. The Code specifies the possible sentences for sexual assault as follows:

271. (1) Every one who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding
eighteen months.

These are the maximums for both a summary and indictable prosecution. Keep in mind an assailant can
receive much less of a sentences that the prescribed maximums. See our sentencing table for
information on real sentences given to assailant's based on particular prior records and circumstances.

Please note, in circumstances of aggravated sexual assault a stricter penalty is possible.

Aggravated Sexual Assault

The Criminal Code also allows for increased penalties for sexual assault where the accused "wounds,
maims, disfigures or endangers the life of the complainant", see:

273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds,
maims, disfigures or endangers the life of the complainant.

Aggravated sexual assault

(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum
punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

RAPE LAWS IN UAE:

Sex crimes are severely punished in Dubai and througout the UAE. A sex crime is a crime against an
individual that is unwanted and sexual in nature. Even consensual sex is considered a crime in the UAE,
Some examples of sex crimes beside consensual sex are: rape, child sexual abuse, pornography, marital
rape, sex with animals, human trafficking, prostitution, incest, indecent exposure and sexual
harassment. If you are being investigated for a sex crime, you need to protect your rights immediately. A
criminal defence lawyer with experience in defending sex crimes cases will be in your best
interest. Individuals convicted of sex crimes in Dubai may face the following penalties and
consequences:

 Death penalty for rape cases

 Prison sentence

 Deportation (for non UAE citizens)

 High fines

 Lifetime registration as a sex offender

 Conviction on criminal record for life

 Sex offender social stigma

If you are convicted of a sex crime and sent to jail, as a sex offender you are often severely looked down
upon by other inmates in jail. Once you are out of jail, you will get deported if you are not UAE citizen,
you will be watched constantly by law enforcement and will be registered as a sex offender. In addition,
your reputation and character will be severely tarnished. At The Law Offices of Faisal Alzarooni we
understand the seriousness of a sex crime. We also understand that sometimes individuals are wrongly
accused. We will investigate and challenge every aspect of the sex crimes allegations and will look to
have your name cleared. Your freedom is important to us.

At The Law Offices of Faisal Alzarooni we will defend your rights vigorously. We believe that people
make mistakes and that you deserve a chance at freedom. Our criminal defence lawyers will guide you
through the charges against you and work to obtain positive results for your sex crimes case.