Introduction

The United Nations defines violence against women as "any act of gender-based violence that
results in, or is likely to result in, physical, sexual or mental harm or suffering to women,
including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring
in public or in private life."
Sexual violence is "any sexual act, attempt to obtain a sexual act, or other act directed against a
person’s sexuality using coercion, by any person regardless of their relationship to the victim, in
any setting. It includes rape, defined as the physically forced or otherwise coerced penetration of
the vulva or anus with a penis, other body part or object."

The "WHO Multi-country study on women’s health and domestic violence against women"
(2005) in 10 mainly low- and middle-income countries found that, among women aged 15-49:
 between 15% of women in Japan and 71% of women in Ethiopia reported physical
and/or sexual violence by an intimate partner in their lifetime;
 between 0.3–11.5% of women reported sexual violence by someone other than a
partner since the age of 15 years;
 the first sexual experience for many women was reported as forced – 17% of women
in rural Tanzania, 24% in rural Peru, and 30% in rural Bangladesh reported that their first
sexual experience was forced.
Health consequences

Intimate partner and sexual violence have serious short- and long-term physical, mental,
sexual and reproductive health problems for survivors and for their children, and lead to high
social and economic costs.
 Violence against women can have fatal outcomes like homicide or suicide.
 It can lead to injuries, with 42% of women who experience intimate partner violence
reporting an injury as a consequence of this violence.
 Intimate partner violence and sexual violence can lead to unintended pregnancies,
induced abortions, gynaecological problems, and sexually transmitted infections, including
HIV. The 2013 analysis found that women who had been physically or sexually abused were
1.5 times more likely to have a sexually transmitted infection and, in some regions, HIV,
 compared to women who had not experienced partner violence. They are also twice as likely
to have an abortion.
 Intimate partner violence in pregnancy also increases the likelihood of miscarriage,
stillbirth, pre-term delivery and low birth weight babies.
 These forms of violence can lead to depression, post-traumatic stress and other anxiety
disorders, sleep difficulties, eating disorders, and suicide attempts. The same study found that
women who have experienced intimate partner violence were almost twice as likely to
experience depression and problem drinking. The rate was even higher for women who had
experienced non partner sexual violence.
 Health effects can also include headaches, back pain, abdominal pain, fibromyalgia,
gastrointestinal disorders, limited mobility and poor overall health.
 Sexual violence, particularly during childhood, can lead to increased smoking, drug
and alcohol misuse, and risky sexual behaviors in later life. It is also associated with
perpetration of violence (for males) and being a victim of violence (for females).1

TYPES OF RAPE: THE DIFFERENT FORMS OF RAPE

There are several types of rape. Rape is a violent crime involving sexual acts forced on one
person by another.

Diminished capacity rape

The kind of assault known as lessened limit assault is conferred when one individual powers
sexual entrance on someone else who can't agree to the sex demonstration. Individuals with
reduced limit can't agree to sexual acts because of restricted physical or scholarly capacity. An
illustration would be a man with a scholarly inability.

Decreased limit assault additionally happens when a man has no capacity to agree to sexual acts
because of inebriation.

1
http://www.who.int/mediacentre/factsheets/fs239/en/
Age-Related Rape
Another type of assault is age-related. This sort of assault is regularly known as statutory rapeas
indicated both in government and state law. For this situation, sexual activities with a man
beneath a base age is viewed as unlawful in all cases. Frequently this age is 12. There is regularly
another age, known as the period of assent. Sexual acts with a man over the base age yet
underneath the time of assent might be considered assault contingent upon the culprit. Particular
ages are indicated by state.

Incest
Incest is a sort of assault managed by the connection between the two parties. At the point when
the two parties are engaged with the sex act are closely related (as such, they are family), it is
frequently assault. Cases of incest include:

•Parents and youngsters

•Uncles and nieces or nephews

•Aunts and nieces or nephews

Laws shift by state as to explicitly what constitutes incest.

•Family individuals represent 7% of attackers

Partner Rape

Accomplice assault, otherwise called spousal assault or conjugal assault, is a sort of assault
including a man's accomplice or past accomplice (regardless of whether the accomplices are
hitched). There are three sorts of accomplice assault:

•Battering assault – including both physical and sexual savagery

•Force-just assault – including the inconvenience of energy and control over another

•Obsessive/Sadistic assault – including torment and unreasonable sexual acts

Acquaintance Rape
This kind of assault occurs between two individuals that know each other. Regularly colleague
assault is known as "date assault" as the two individuals included might be in a social
relationship at the time. A few casualties don't perceive associate assault as assault yet recall that
assent for sexual movement can be renounced whenever and an earlier relationship does not
imply that assault can't happen.

•Two-out-of-three rapes are committed by somebody the casualty knows

Aggravated Rape
Exasperated assault is a sort of assault characterized in the law. Irritated assault includes:

•Forced sex acts by danger of death or genuine real damage

•Forced sex acts including an oblivious or medicated casualty

•Sex acts with youngsters younger than 12

Different Types of Rape

Assault can happen in numerous different routes also, incorporating by outsiders or in
conjunction to a detest wrongdoing. Nonetheless, it's basic to recall that whatever type of assault
happens, it is dependably the blame of the attacker and never the blame of the casualty.

Marital rape:

One of the most recent and discussed type of rape is marital rape. It is least reported and is
covered under the topic of domestic violence in India and not as rape.

In R Vs. R12, the House of Lords widened the scope of criminal liability by declaring that the
husband could be charged as a principal offender in the rape of his wife.

This decision seems to have obliterated the protection of the husband from such prosecution
under the doctrine of marital exemption. This exemption was based upon the belief under which
the wife was regarded as the husbands’ chattel. She was supposed to have given a general
consent to her husband as a natural implication of the marriage. This has now become an
outdated view of marriage in England.

However, the above decision of the House of Lords has not been followed in India- where
marital exemption to the husband ‘still exists’.

Theories of rape:

Pathology-

Rape is caused due to mental pathology, leading to an inability to understand or care about social
or moral norms.

Problem- it is committed by even normal people.

The feminist theory of rape- The proponents o f this theory are Mehrof and Kearon.

Basically the feminists think rape to be result of long deep-rooted traditions in which male have
dominated in nearly all political and economic activities. Prostitution continuinig even today is
the reflection and reinforcement of women exploitation by male domination.

Because of women’s exclusion from important political and economic powers, they are
considerd unequal in interpersonal interactions.

Brownmiller- rape is “process of intimidation by which all men keep all women in a state of
fear”.

Problem- Still today after so much of progress made by women there are cases of rape. Thus this
theory is vague enough to explain its direct relation with rape.

The social learning theory of rape-

It’s very similar to feminist theory. Both these theories consider cultural and social learning as
largely responsible for rape.

Where feminists emphasize on political and economic causes for women condition, the social
learning theory holds cultural subjugation as the greater cause.2

The Evolutionary theory of rape- Men and women face different reproductive problems.
Reproduction is much easier for men than for women. Where a women remains pregnant for
almost nine months, man is able to reproduce innumerable times within this period. Thus they
have higher sexual desire and tend to be more promiscuous while women are choosy.

Situation in india

Whether women have the right to bodily integrity as this right is already adumbrated under
Article.21 of the Constitution of India?
Article.21, which guarantees the right to life and liberty to men and women both alike- but
whether it is really imperative to take a decisive step towards extirpating this evil and make the
contemporary and future society a safe haven for women.

According to the official statistics of 1991, one woman is molested every 26 minutes. These
statistics refer to the reported cases whereas, if the unreported cases were to be included, it would
be a matter of seconds- rather than minutes.

A K.Chopra’s case

Apparel Export Promotion Council Vs. AK.Chopra case , is the first case in which the Supreme
Court applied the law laid down in Vishaka’s case and upheld the dismissal of a superior officer
of the Delhi based Apparel Export Promotion Council who was found guilty of sexual
harassment of a subordinate female employee at the place of work on the ground that it violated
her fundamental right guaranteed by Article.21 of the Constitution.

In both cases the Supreme Court observed, that " In cases involving Human Rights, the Courts
must be alive to the International Conventions and Instruments as far as possible to give effect to
2
Theories of rape, Inquiries into the causes of sexual aggression by Lee Ellis
the principles contained therein- such as the Convention on the Eradication of All forms of
Discrimination Against Women, 1979 [CE DAW] and the Beijing Declaration directing all state
parties to take appropriate measures to prevent such discrimination."

Provisions of the Indian Pena Code

In cases where the accused sexually harasses or insults the modesty of a woman by way of
either- obscene acts or songs or- by means of words, gesture, or acts intended to insult the
modesty of a woman, he shall be punished under Sections.294 and 509 respectively.

Substitution of new sections for sections 375, 376, 376A, 3768, 376C and 376D.

9. For sections 375,376,376A, 376B, 376Cand 376D of the Penal Code, the following sections
shall be substituted, namely:—

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 ~ 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:— First.—Against her will. Secondly.—Without her consent.

Third/y.—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.
Fourth/y.—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.

Fifth/y.—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 I.—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.

Exception I.—A medical procedure or intervention shall not onstitute rape.

Exception 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.'.

Punishment for rape.

376.

1.   Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished
with rigorous imprisonment of either description for a term which shall not he less than seven
years, but which may extend to imprisonment for life, and shall also be liable to fine.

2.     Whoever,—

a.     being a police officer, commits rape—

                      i.        within the limits of the police station to which such police officer is
appointed; or

                     ii.        in the premises of any station house; or

                    iii.        on a woman in such police officer's custody or in the custody of a police

officer subordinate to such police officer; or

b.    being a public servant, commits rape on a woman in such public servant's custody or
in the custody of a public servant subordinate to such public servant; or

c.     being a member of the armed forces deployed in an area by the Central or a State
Government commits rape in such area; or

d.    being on the management or on the staff of a jail, remand home or other place of
custody established by or under any law for the time being in force or of a women's or
children's institution, commits rape on any inmate of such jail, remand home, place or
institution; or

e.     being on the management or on the staff of a hospital, commits rape on a woman in

that hospital; or

f.     being a relative, guardian or teacher of, or a person in a position of trust or authority

towards the woman, commits rape on such woman; or

g.    commits rape during communal or sectarian violence; or

h.     commits rape on a woman knowing her to be pregnant; or

i.      commits rape on a woman when she is under sixteen years of age; or

j.      commits rape, on a woman incapable of giving consent; or

k.     being in a position of control or dominance over a woman, commits rape on such

woman; or

l.      commits rape on a woman suffering from mental or physical disability; or

 m.   while committing rape causes grievous bodily harm or maims or disfigures or
endangers the life of a woman; or

n.     commits rape repeatedly on the same woman, shall be punished with rigorous
imprisonment for a term which shall not be less than ten years, but which may extend
to imprisonment for life, which shall mean imprisonment for the remainder of that
person's natural life, and shall also be liable to fine.

Explanation.—For the purposes of this sub-section,—

a.     "armed forces" means the naval, military and air forces and includes any member of the
Armed Forces constituted under any Jaw for the time being in force, including the
paramilitary forces and any auxiliary forces that are under the control of the Central
Government!, or the State Government;

b.    "hospital" means the precincts of the hospital and includes the precincts of any
institution for the reception and treatment of persons during convalescence or of persons
requiring medical attention or rehabilitation;

c.     "police officer" shall have the same meaning as assigned to the expression "police"
under the Police Act, 1861;

d.    "women's or children's institution" means an institution, whether called an orphanage or

a home for neglected women or children or a widow's home or an institution called by
any other name, which is established and maintained for the reception and care of women
or children.

Punishment for causing death or resulting in persistent vegetative state of victim.

376A. Whoever, commits an offence punishable under sub-section (l) or sub¬section (2) of
section 376 and in the course of such commission inflicts an injury which causes the death of the
woman or causes the woman to be in a persistent vegetative state, shall be punished with
rigorous imprisonment for a term which shall not be less than twenty years, but which may
extend to imprisonment for life, which shall mean imprisonment for the remainder of that
person's natural life, or with death.
Sexual intercourse by husband upon his wife during separation

376B. Whoever has sexual intercourse with his own wife, who is living separately, whether
under a decree of separation or otherwise, without her consent, shall be punished with
imprisonment of either description for a term which shall not be less than two years but which
may extend to seven years, and shall also be liable to fine.

Explanation.—In this section, "sexual intercourse" shall mean any of the acts mentioned in
clauses (a) to (d) of section 375.

Sexual intercourse by person in authority.

376C. Whoever, being—

a.     in a position of authority or in a 6duciary relationship; or

b.    a public servant; or

c.     superintendent or manager of a jail, remand home or other place of custody established

by or under any law for the time being in force, or a women's or children's institution; or

d.    on the management of a hospital or being on the staff of a hospital, abuses such position
or 6duciary relationship to induce or seduce any woman either in his custody or under his
charge or present in the premises to have sexual intercourse with him, such sexual
intercourse not amounting to the offence of rape, shall be punished with rigorous
imprisonment of either description for a term which shall not be less than 6ve years, but
which may extend to ten years, and shall also be liable to fine.

Explanation l.—In this section, "sexual intercourse" shall mean any of the acts mentioned in
clauses (a) to (d) of section 375.

Explanation 2. —For the purposes of this section, Explanation I to section 375 shall also be
applicable.

Explanation 3.—"Superintendent", in relation to a jail, remand home or other place of custody or

a women's or children's institution, includes a person holding any other office in such jail,
remand home, place or institution by virtue of which such person can exercise any authority or
control over its inmates.

Explanation 4.—The expressions "hospital" and "women's or children's institution" shall

respectively have the same meaning as in Explanation to sub-section (2) of section 376.

Gang rape.

376D. Where a woman is raped by one or more persons constituting a group or acting in
furtherance of a common intention, each of those persons shall be deemed to have committed the
offence of rape and shall be punished with rigorous imprisonment for a term which shall not be
less than twenty years, but which may extend to life which shall mean imprisonment for the
remainder of that person's natural life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.

Punishment for repeat offenders.

376E. Whoever has been previously convicted of an offence punishable under section 376 or
section 376A or section 3760 and is subsequently convicted of an offence punishable under any
of the said sections shall be punished with imprisonment for life which shall mean imprisonment
for the remainder of that person's natural life, or with death.'.

Conclusion:
The courts and the legislature have to make many changes if the laws of rape are to be any
deterrence. The sentence of punishment, which normally ranges from one to ten years, where on
an average most convicts get away with three to four years of rigorous imprisonment with a very
small fine; and in some cases, where the accused is resourceful or influential- may even expiate
by paying huge amounts of money and get exculpated. The courts have to comprehend the fact
that these conscienceless criminals- who sometimes even beat and torture their victims- who
even include small children, are not going to be deterred or ennobled by such a small time of
imprisonment. Therefore, in the best interest of justice and the society, these criminals should be
sentence to life imprisonment.|

However, if they truly have realized their mistake and wish to return to society, the Court and jail
authorities may leave such men on parole; but only after they have served a minimum of half the
sentence imposed on them.

It is outright clear that sexual offences are to be excoriated, but if death sentence is given to such
convicts- so as to deter the rest, then no doubt that the graph of rape cases will come down
considerably- but it may also happen that those who commit such offences- simply to leave no
witnesses or evidence, may even kill their victims and dispose off their bodies (whereas it is
observed that in most cases- it is the victim who is the only source of evidence in most cases),
thereby frustrating the main object of the Indian Penal Code and the legislature.

Studying the laws, the process, the application of those laws, one thing is certain- the entire
structure of justice needs an over haul, otherwise the victim shall no longer the woman, but
humanity.