Complete Guideline About Sexual Crime in India

Abstract

The problems of Elder Abuse, Domestic Violence and Child Mistreatment have initiated hundreds of discrete intercession in Health, Social Service, and Law Enforcement settings. Various types of sex crimes exist and very few people are aware of this. This research paper deals with 5 sex crimes and each topic have its introduction, some relevant cases, statistics, and treatment or conclusion. It is very important to make people aware of these types of crime. Every year the statistics of the crime rise up and only 2/3rd cases are reported. Many of the sexual assaults are not reported and then no witness left in a timely matter. The aim of this research paper is to make people acquainted with such type of crimes.

Read Also: Protection of Women from Domestic Violence Act 2005

Introduction

Sex Crime is sexual abuse or forcible behaviour against the person without his/her consent. These sexual offenses are against children and adults. The sexual acts which are forbidden by law are termed as Sex Crime. In the UK, under the Sexual Offences Act (2003), sex offences are defined, in which 70 different sexual offences are listed.

The definition of sexual crime varies from place to place, person to person, and religion to religion. These offences are largely culture-bound.

Sexual Offences can be rape, consensual sex among teenagers, child pornography, and sexual abuse. Sexual offenders can be anyone, child or adults, relatives, strangers, male or female. But mainly, the perpetrators are men. They have different motives for committing offences.

In the 1980s and 1990s, the increase in the number of cases of sexual assault and murder, have sought the attention of public, academic and political parties, which resulted in punishment enhances, proper management and increase in the rules for the safety.

Despite the increasing roar of the public against the Sex Crime, reported cases are increasing steadily. There was a slight decline in the year 2009 and again in the year 2015. The reports of Rape in 2014, were increased up to 8% over the year 2013, and then in 2015, decreased by 6%. Dramatically, the other sexually-based crimes are increasing (some of them are discussed below). It is not easy to find out whether the incidents of these violations are actually increasing, or people aren’t reporting them because of the wider awareness and intolerance for sex offenses.

70% of women in India have suffered some sort of domestic violence. According to the Mumbai based organization Dasra, over 50% of total women have gone through domestic abuse. The Domestic Violence case accounts for 50% of the total crimes reported against women in India.

India is considered as one of the menacing places for the woman in the World. The evidence is there, shocking reports of abuse, including stalking, hitting, kicking, burning, hair pulling, and choking. In India, the year 2015, 29% is the stance rate for Rape.

A sexual act done without the consent of the person is a crime but if the person is incapable of giving the consent or the person is not in the state; that too is called a crime.

Below are some research works over a few sex crimes:

1. Rape:

This is one of the most common crimes in the world. The reasons for rape may be sexual needs, sexual interests, or alcoholic state. It is a non-consensual forcible sexual intercourse between the parties.

To commit the crime, the following points should be cover-up:

• The rape should be against his/her will.
• The rape should be without his/her consent.
• If her consent is given, but the consent is obtained by putting some person (related to her family or friends or whom she knows) in the fear of death or causing some grievous hurt.
• With her given consent, but the man already knows that he is not the husband of her, and her consent is given, believing that another man is her husband, and she is lawfully married to him.
• The consent is given when she is:

1. 1. 1. By some reason, is of unsound mind.
      2. Or, is in intoxication state
      3. Not able to understand the consequences and nature of the thing, for which she is giving consent.
      4. If the consent is given, when she is below 16 years.

Exception: If the sexual intercourse is between man and his wife, the provided wife should not be below 15 years, is not rape.

This above definition excluded Marital Rape and some sex crimes and considers all the sex with minor, who is below 16 years as Rape.

The definition was revised after 2nd April 2013, through Criminal Law Act 2013; the Minor’s Legal Age was raised to 18 years.

• Marital Rape:

Within the legal framework of India, Marital Rape is not considered as Criminal Offence, except the judicial separation period of the partners. In 1983, Amendment of Criminal Law Act stated that having sexual intercourse with the man’s wife provided the age of wife not being below 15 years is not Rape. Later, this Act started creating problems for women. The number of Marital Rape started increasing. Section 375 of IPC considers forceful sex in a marriage as the crime when the age of wife is below 15 years. The victims of Martial Rape have to resort the Domestic Violence Act (2005) which is for the protection for the women. In the year 2006, this Act came into force, which included the outlaws of Marital Rape and other types of Domestic Violence. But, this act offers only Civil Remedy, if the offense is committed.

See more: Sexual Harassment at Workplace

Referring to the Indian Case:

The culprit named Vikas allegedly intoxicated the girl and raped her. This culprit fled away and hid at the back of outdated legislation. The large numbers of protests were ignited against the Indian Law which failed to protect the women of the Nation. In the year 2014, Indian Court administered that in India Marital Rape was not illegal.

The Nirbahaya Rape Case, one of the Leading Case of Rape, created anger among the people against Rape. Why always Women have to suffer all the Pain and Trouble caused by the Men? Many Indian Laws were changed and the Punishment for the culprit was also made very strict and harsh. But still, the country is not free from Rape. Regularly, almost in every State, every day minimum of 10 Rapes are taking place. The change in the mentality of the society for Women has to take place. The importance of Women should be known to everyone.  

• Men Harassment:

Men are also harassed by girls/women.

There are various cases of Rape which are false. When the adults get physical with consent, women still report for Rape Charges. Police would also first arrest men, and then later they would listen to what he wants to say. Some of the cases are there when men refuse to marry her, women files false rape cases. Women also blackmail men for money after getting Physical and if they refuse to give money, they will file a rape charge.

• Education Programs:

The Health and Family Welfare Ministry unveiled the material which is to be used as Education Plan for adolescent called Saathiya. This material explains and discusses relationships and consent. The material tells that falling in love frequently during the adolescent period is normal. They can attract or feel for their friend or for any other person who is of the opposite or same-sex. The thing which is important for the adolescent to learn and understand is that the base of the relationship is Mutual Consent, Respect, Transparency, and Trust. It is normal to have the conversation with the person about the feelings for whom you fell but it should be in a Respectful Manner. Men should know how to have self-control over themselves and their desires and feelings. It is important for Boys to understand this line, as said in the movie Pink that “if the Girl says ‘No’ then it means ‘No’”.

States and Territories with the highest report of Rape (2015):

• Madhya Pradesh with 4391 reported Rape Cases.
• Maharashtra with 4144 reported Rape Cases.
• Rajasthan with 3644 reported Rape Cases.
• Uttar Pradesh with 3025 reported Rape Cases.
• Odisha with 2215 reported Rape Cases.

Rape Offenders:

• Male Family Member – 1.4%
• Other Relatives – 5.2%
• Other Close Family Members – 2.6%
• Neighbour – 27.4%
• Husband/Live-In Partner – 2%
• Employer/Co-Workers – 1.6%
• Known Person who promised for marriage – 22.1%
• Other known people – 33.2%
• Stranger – 4.5%

2. Pedophilia:

It is derived from the Greek Word meaning ‘Child’, ‘Friendship’, ‘Friendly-Love.’ It is a psychiatric disorder in which an adolescent (who are older) or an adult, experiences sexual attraction towards the prepubescent children. Generally, the puberty of Girls starts at 10 or 11 and of Boys at the age of 11 or 12. The person should be at least 16 years old, if he/she is suffering from Pedophilia, and the person should be at least 5 years older than a prepubescent child.

In the 19th Century, the word Pedophilia was named. Since the 1980s, research work has taken place in this particular area. Mostly, the men are diagnosed with this disorder but there are some Women also who exhibit this disorder. Till now, no cure for Pedophilia is developed, but some of the therapies are there that are very helpful, it minimizes the incidence of the man committing sexual abuse. The exact or actual causes of this disorder have not been established yet. The studies of this disorder, have said that in Child Sex Offenders there is the correlation with psychological pathologies and neurological abnormalities.

Referring to the case of the U.S:

Kansas vs. Hendricks, the Sex Offenders who are found with Pedophilia, can result in the infinite civil commitment.

The reasons for Pedophilia in Sex Offenders are due to Psychopathologies like Depression, Personality Problems, and Low Self-Esteem. The cause of Pedophilia is yet not known, but some researchers found the linking of Pedophilia with the structure of the brain and its function. At Birth, one or more characteristics of neurological are present which cause or increase the Pedophilia. Research also found that Pedophiles are less subjectively impaired than non-pedophilic child sex offenders.

The study of 2011 also said that Pedophilic Child Sex Offenders has in response inhibition deficits, but memory or some cognitive flexibility is absolutely fine, it has no deficits. It is also not proved that genetic transmit is responsible for Pedophilia. Even, the 2015 study found that the IQ of Pedophilic is normal like other people.

The Pedophilic who are sexually attracted, the attraction can be “Exclusive” or Non-Exclusive.” Exclusive Pedophiles are referred to as True Pedophiles. They are sexually aroused by only and only prepubescent children and not by the fantasizing adult. And, the Non-Exclusive Pedophiles or Non-Pedophilic is sexually attracted while fantasizing both children and adults. If the preference for Sexual attraction is for prepubescent children then they are Exclusive Offenders.

Some of the other definitions which involve sexual attraction towards youths and children are:

1. 1. 1. Boy Lovers:  They are the Pedophiles who are attracted to Young Boys.
      2. Girl Lovers:  They are the Pedophiles who are attracted to Young Girls.
      3. Chronophilia: It is the umbrella term which covers the feelings of youth to children, including hebephilia, paedophilia, and ephebophilia.
      4. Ephebophilia: This term is usually for the adult male who is attracted sexually to the teens of 15 to 19 years of age.
      5. Hebephilia: This is also for the adult male who is attracted to pubescent teens of 11 to 14 years of age.
      6. Infantophilia: This is a rare form, in which the interest is a small kid of 2 years or younger.
      7. Lolita Syndrome: This term is the man who is sexually attracted to a girl who is pubescent.
      8. Pederasty: This term is for an adult who is attracted to 14 to 17 years teen.
      9. Teleiophilia: The term is for an adult mainly attracted to adults only.

Treatment:

There is no surety that Paedophilia can totally be cured, but some of the therapies are present that can reduce the sexual desire of a person.

• Cognitive Behavioural Therapy:

The aim of CBT is to reduce the beliefs, behaviours, and attitudes that increase Child Sexual Abuse. It trains the person to have empathy, social competence, and self-control.

• Behavioural Interventions:

Techniques like Satiation and Aversion are used to suppress the sexual desire to children and reconditioning of masturbatory to increase sexual attraction to adults. During Phallometric testing, this treatment has an effect on sexual attraction and arousal patterns, but it is not sure that these effects represent the ability to control the sexual arousal or changes in sexual attraction. It is also not sure that, this treatment will last for the long-term or not.

• Sex Drive Reduction:

The Sex Drive is lowered by this treatment. It manages the Pedophilic feelings, but not sexual preferences.

3. Voyeurism:

It is the practice or sexual interest of spying or peeping on people who are engaged in Private or Sexual Activities, or in some intimate behaviour like getting physical, undressing, masturbation, or other sorts of private activities.

The Voyeur is not directly interacting with his/her interest, the other person is unaware of spying. Observing is not only the essence of Voyeurism but also taking the secret photograph or making the video when the subject is doing his/her private activities.

The term Voir is a French word, the meaning of this is “to see.” The Male Voyeur is often called as ‘Peeping Tom,’ which is originated from Lady Godiva legend. This term is applied when the male is observing someone secretly and, not in an open or public place.

The Association of American Psychiatric has classified Voyeurism as the Paraphilia in DSM-IV. The DSM-IV defines it as observing the strangers, who are naked, or in the process of undressing, or engaged in the private or sexual activity. This diagnosis is not given to the person who experiences the sexual arousal, by simply seeing sexual activity or nudity. If to diagnose the Voyeuristic disorder then the symptoms must present for 6 months and the age must be over 18 years.

• Prevalence:

Initially, it was believed that it is only present in the small portion of the population. According to research, around 65% of men are engaged in peeping activities. Research also found that Voyeurism is one of the common law-behaviour sexual behaviours. The study said that 54% of men have voyeuristic pipe dream and 42% have check out or tried Voyeurism. Recent Study shows that Voyeurs are generally men, and they have a higher level of sexual interest. They have a greater number of sex-partner than the general populations.

• Legal Status:

In common Law, Voyeurism is not a crime. Like, in Canada, it is not a crime, but when Frey vs. Fedoruk case arose, then it was declared as a sexual offence.

In the UK, R V. Turner (2002) Case: The Sports Centre Manager made a video of four women taking shower. But there was no evidence on that the video was distributed or shown to anyone. The defendant was sentenced to nine months of imprisonment. This was done for the justice of people who had suffered from this and went through the traumatic effect because of this.

The Indian Parliament made an amendment in 2013 to the IPC, declaring Voyeurism as a Criminal Offence. A person committing this offence would be liable for not less than 1-year imprisonment and up to 3 years with a fine and for the successive conviction, he would be liable for not less than a year imprisonment and up to 7 years with a fine.

. Professional Treatment:

In a variety of ways, Voyeurism has been treated. Psychoanalytic, Shock Aversion, and Group Psychotherapy are some of the approaches which have been attempted but have got very less success.

There is some proof that says that, showing pornography can be used as treatment. The countries where pornography is banned, their high amount of this disorder is present. Showing Pornography helps voyeurs to shift into voyeuristic behaviour. The studies show that pornography will fulfil the desire of voyeuristic that too without breaking the law.

4. Sex Tourism:

It is to engage in sexual activity with the prostitutes. Sex Tourism is a trip organized by the tourism organization using their networks and connections. The primary purpose is to affect the commercial sexual relationship between the tourist and residents of the destination. Some people prefer to intimate while travelling, just to enhance the experience of travelling.

Social Problems arises when some countries become or acquire a reputation as a destination for sex tourism. More attraction of sex tourist to the destination country may include lower cost for sexual activities and services; it will increase the number of prostitution. Thus, the person will separate from his social and physical environment. It is because prostitution may be legal over there or different law enforcement is there.

Generally, when the person travels to the destination country with an adult prostitute to engage in sexual activity, then, suspiciously, it is subject to the Prostitution Laws of that Destination Country. But when these sexual activities also involve Child Prostitution or Sex-Trafficking which is illegal in both, the destination country and in the home country, then it creates the major issue and tension among the society.

Sex Tourism is not only to go out of the country, but it may be domestic also, or trans-national. Domestic Travelling is to travel in the same country and Trans-National is to travel across the borders of the National Country.

Some of the destination places, where the sex tourist prefers to go with prostitutes are Brazil, Thailand, Kenya, Costa Rice, Netherlands (Amsterdam), and Indonesia (Bali).

This Sex Tourism was made for the Lovelock and romance or sexual encounters between the two lovebirds. But the market has exploited this concept by travelling with the prostitutes. This market is an extremely profitable market. The Sex Workers are either voluntary migrants or they are trafficked. The tourist pays for sexual pleasure as well as they get other experiences like sightseeing and leisure recreation.

Some of the Sex Workers select this field because they are living in poverty and this sex tourism is the best way to earn money.

Sex Tourists are generally from developed nations like Europe and the United States. The common destination for the sex tourists in Thailand, Cambodia, the Philippines, Nepal, and South America. In countries like Thailand and Cambodia, doing sex with prostitutes is very common and the men who do not engage in commercial sex are considered unusual and abnormal by his peers.

Cambodia has the highest rate of Percentage (80%) of the men paying for sex once in their lives, and then Thailand has 75%, Italy (16.7-54%), Japan (37%), and the United State (15-20%).

The cultural attitudes towards this Tourism are Complex. The families, who are living in poor rural areas, sell their child to the trafficker, knowing the fact they will send their child to the large cities for the Sex Work. But the financial return from the child is a big reward for them, so selling their child does not matter to them. In Cambodia, having commercial sex with minors is generally accepted. There the lawmakers and law enforcement do not priories on policing the sex-trafficking and prostitution.

• Opposition to Sex Tourism:

To travel with a person to have sex under the age of 8 years is Child Sex Tourism. The Nation like the United States take advantage of Prostitution Legalization, they provide a steady stream of the tourists who feed them to run the Tourism Market and Industry. Government and Organizations like Human Rights argued that this market motivated Child Trafficking and also violate the rights of children. Women Trafficking is also done. Samarasinghe (Sri Lankan Politician) argued that women who are involved in trafficking of human were once sexually exploited and were the victims of trafficking. The way for the women to save themselves from the Trafficking System was to participate in it. Many people argued that the growth of sex tourism increases the sexual exploitation and degrades the dignity and rights of sex workers. Growing of Porn Industry indicated that Prostitution is normal and thus women are exploited. All these things also lead to Gender Inequality.

5. Child Pornography:

It refers to the visual depictions (like the photograph, computer or digital generated pictures) of the child which explicit sexual activities. The content of Child Pornography is very closely related to Adult Pornography. It is one of the horrific and violent forms of abuse. Mostly the child victims are abused by the people they know. The people are those whom the child has trusted. The images and videos of the child are released or distributed or published in order to increase the number of views. These videos and images involve an actual crime scene documentation which is distributed for personal consumption. Recently, live-videos are streamed for which a person has to pay for watching.

In the year 2002, NCMEC (National Centre for Missing and Exploited Children) started the program CVIP (Child Victim Identification Program). The aim of the Program is to identify the same child from multiple images. According to the statistics, the images which are submitted to NCMEC have 76% of Penetration image and 44% of Sadomasochism or Bondage image.

According to the data of 2013, for around 25% of images or videos are produced by known people like friends or family, 18% by the guardian or parents, 14% are the self-produced ones. No or less evidence is left behind so this digital crime is difficult to detect.