Rape: Holistic View.

Abstract

Forcible sexual intercourse is rape. It is not necessary that the semen should be discharged into the vagina, but full penetration is required (partial penetration cannot be ascertained). Sexual intercourse with consent of both partners is not rape, even if it is consequent to a promise of marriage or other misconceptions. The present law on rape is wide based. It includes rape, attempt to rape, seduction, and sexual harassment. All are not equally guilty. Therefore, dealing each with the same stick often results in confusion, dilution of punishment for rape, and exaggerating the guilt of minor offenses like sexual harassment. Also, the severity of guilt in rape differs and requires grading. Grade I Rape When the female resists sexual intercourse by “tooth and nail,” indicated by evidence like the following, it is grade I rape. Real incidence of grade I rape is very low because forcible sexual intercourse cannot be performed with unwilling female (subject to exceptions). 1. Teeth marks, nail marks, or other injuries on the aggressor or blood/tissue under the nails (or in the mouth) and/or injuries on the body of the victim 2. Torn clothes, broken articles, disorderly scene, etc., at the location of crime 3. Attempts to seek help by shouting, telephoning, etc., or attempt to escape Grade II Rape When the female does not give consent but allows sexual intercourse (feeble or no resistance) due to perception that it is futile to resist or due to threat of severe body injury to self/dear relative or threat of exposure, etc., it is considered grade II rape. It requires critical evaluation of evidence to establish this crime. Consent can only be oral, and therefore, female’s consent denial may itself be forced. Also, there may be dispute regarding the age of the victim vis-a-vis provision for age of consent for sex. Grade III Rape When the female is induced to take alcohol, say at a party, and under its influence she succumbs to sexual advances, it should be considered grade III rape. However, if she herself voluntarily imbibes alcohol and ultimately has sexual intercourse, it is not rape. Instead of alcohol, it may be a drug having similar effect of losing volitional control; the same provisions apply. In case the female is administered a drug of similar nature (in a drink or food) without her knowledge and then succumbs to sexual intercourse, it is also grade III rape. Attempt to rape and sexual harassment should be delinked from rape. They should be appropriately dealt with in separate sections. The open behaviour under Western influence, imbibed by us, should not be ignored while dealing with sexual harassment.