Legal Interpretations of Women, Rape & Criminal Law (Amendment) Act, 2013

Abstract

“Women have always been subject to various heinous crimes. Women are easy victim of crimes because of their gender. There are various heinous and grave crimes that are solely meted to the women. One of the most heinous and grave crime meted to women which physically and emotionally affects the women is rape. Laws has always changed to ensure the protection of women in every aspect. Rape is an offence which is most traumatic in its nature. Prior to Criminal Law Amendment Act,2013 the definition of rape was confined to penal-vaginal intercourse between a male and a female, but after Criminal Law Amendment Act,2013 the definition of rape in the penal code is now expanded beyond penile vaginal penetration, to include all forms of non-consensual penetrative sexual acts by men on women. Moving away from a patriarchal framing of the offence, the offence responds more accurately to how women experience penetrative sexual assault. The new amendment defines ‘consent’, to mean an unequivocal agreement to engage in a particular sexual act; clarifying further, that the absence of resistance will not imply consent. When a girl becomes the victim of rape she passes through mental, social and physical difficulties. The effects of rape can include both the initial physical trauma as well as deep psychological trauma. In this paper the concept of rape in the context of legal changes is dealt.”