Understanding Digital Rape: A Comprehensive Study of Legislation and Case Law

Abstract

The pervasiveness of technology has introduced new avenues for perpetrating sexual violence. Digital rape, encompassing acts of sexual violation perpetrated online, is a growing concern. In recent years, India has witnessed an alarming rise in heinous offenses related to digital rape. Despite stringent laws, these atrocious acts continue unabated. The term "digital rape" is subject to interpretation, with some linking it to online sexual exploitation of women through electronic devices, while others associate it with current scenarios that raise intense discussion. This study aims to shed light on the concept of digital rape in the modern era, its relationship with sexual exploitation through online resources, cybercrime, and electronic gadgets. By analyzing specific cases, we contribute to a comprehensive doctrinal study, enhancing the legal framework to combat digital rape and protect vulnerable individuals. This study delves into the complex and evolving issue of digital rape, examining its legal definitions, legislative responses, and judicial interpretations across different jurisdictions. Digital rape, involving the non-consensual penetration of a victim's body using objects or body parts other than the penis, has seen varied recognition and treatment under the law. This research provides a comprehensive analysis of statutory frameworks and case law to identify gaps, inconsistencies, and advancements in legal protections for victims. Through a comparative approach, the study highlights the differences in legislative terminology, prosecutorial challenges, and judicial outcomes, underscoring the need for uniformity and clarity in legal standards. The findings aim to inform policymakers, legal practitioners, and advocates, offering recommendations for enhancing legal frameworks to better address and prosecute digital rape, thereby ensuring justice for survivors