POSCO Act

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The need of protection of children from sexual abuse ( POSCO )
and its effects.
As researched by:
:- 1. SAKINA RANGWALA
(F.I.BLS – ROLL NO. 02 )
2. TANIKA GANDHI
(F.I.BLS – ROLL NO. ___)
3. NEELABH GUPTA
( T.Y. LLB – ROLL NO. ___)
For :
Practical training research project 2017-2018
LORDS UNIVERSAL COLLEGE OF LAW
INDEX
SR.NO.
TOPIC
Introduction
Literature review
Research methodology
Critical analysis
Suggestions
Conclusions
Webliography
PAGE
NO.
CHAPTER- I
THE POSCO ACT :
PRELIMINARY
1. Short title, extent and commencement:(1) This Act may be called the Protection of Children from Sexual Offences Act, 2012.
(2) It extends to the whole of India, except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions:(1) In this Act, unless the context otherwise requires, —
(a) "aggravated penetrative sexual assault" has the same meaning as assigned to it in section 5;
(b) "aggravated sexual assault" has the same meaning as assigned to it in section 9;
(c) "armed forces or security forces" means armed forces of the Union or security forces or
police forces, as specified in the Schedule;
(d) "child" means any person below the age of eighteen years;
(e) "domestic relationship" shall have the same meaning as assigned to it in clause
(f) of section 2 of the Protection of Women from Domestic Violence Act, 2005. 43 of 2005 (f)
"penetrative sexual assault" has the same meaning as assigned to it in section 3;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “religious institution” shall have the same meaning as assigned to it in the Religious
Institutions (Prevention of Misuse) Act, 1988. 41 of 1988
(i) "sexual assault" has the same meaning as assigned to it in section 7;
(j) "sexual harassment" has the same meaning as assigned to it in section 11;
(k) "shared household" means a household where the person charged with the offence lives or
has lived at any time in a domestic relationship with the child;
(l) "Special Court" means a court designated as such under section 28;
(m) "Special Public Prosecutor" means a Public Prosecutor appointed under section 32.
(2) The words and expressions used herein and not defined but defined in the Indian Penal
Code, the Code or the Acts. 45 of 1860
3. Meaning:Protection of Children from Sexual Offences Act (POCSO) The Protection of Children from
Sexual Offences Act (POCSO Act) 2012 was formulated in order to effectively address sexual
abuse and sexual exploitation of children.
4. Introduction:The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formulated in
order to effectively address sexual abuse and sexual exploitation of children. The Protection of
Children from Sexual Offences Act, 2012 received the President’s assent on 19th June 2012
and was notified in the Gazette of India on 20th June, 2012.
The Act defines a child as any person below eighteen years of age. It defines different forms
of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment
and pornography. It deems a sexual assault to be “aggravated” under certain circumstances,
such as when the abused child is mentally ill or when the abuse is committed by a person in a
position of trust or authority like a family member, police officer, teacher, or doctor. The Act
also casts the police in the role of child protectors during the investigative process. Thus, the
police personnel receiving a report of sexual abuse of a child are given the responsibility of
making urgent arrangements for the care and protection of the child, such as obtaining
emergency medical treatment for the child and placing the child in a shelter home, and bringing
the matter in front of the CWC, should the need arise.
The Act further makes provisions for avoiding the re-victimization the child at the hands of the
judicial system. It provides for special courts that conduct the trial in-camera and without
revealing the identity of the child, in a manner that is as child-friendly as possible. Hence, the
child may have a parent or other trusted person present at the time of testifying and can call for
assistance from an interpreter, special educator, or other professional while giving evidence.
Above all, the Act stipulates that a case of child sexual abuse must be disposed of within one
year from the date the offence is reported.
The Act also provides for mandatory reporting of sexual offences. This casts a legal duty upon
a person who has knowledge that a child has been sexually abused to report the offence; if he
fails to do so, he may be punished with six months’ imprisonment and/ or a fine.
CHAPTER- IV
Protection of children ……………………..
An Act to protect children from offences of sexual assault, sexual harassment and pornography
and provide for establishment of Special Courts for trial of such offences and for matters
connected therewith or incidental thereto. WHEREAS clause (3) of article 15 of the
Constitution, inter alia, empowers the State to make special provisions for children; AND
WHEREAS, the Government of India has acceded on the 11th December, 1992 to the
Convention on the Rights of the Child, adopted by the General Assembly of the United Nations,
which has prescribed a set of standards to be followed by all State parties in securing the best
interests of the child; AND WHEREAS it is necessary for the proper development of the child
that his or her right to privacy and confidentiality be protected and respected by every person
by all means and through all stages of a judicial process involving the child; AND WHEREAS
it is imperative that the law operates in a manner that the best interest and well being of the
child are regarded as being of paramount importance at every stage, to ensure the healthy
physical, emotional, intellectual and social development of the child; AND WHEREAS the
State parties to the Convention on the Rights of the Child are required to undertake all
appropriate national, bilateral and multilateral measures to prevent—
(a) the inducement or coercion of a child to engage in any unlawful sexual activity;
(b) the exploitative use of children in prostitution or other unlawful sexual practices;
(c) the exploitative use of children in pornographic performances and materials; AND
WHEREAS sexual exploitation and sexual abuse of children are heinous crimes and need to
be effectively addressed.
CHAPTER – I
SEXUAL OFFENCES AGAINST CHILDREN
A. PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR.
1. Penetrative sexual assault:- A person is said to commit "penetrative sexual assault" if—
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or
makes the child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the
vagina, the urethra or anus of the child or makes the child to do so with him or any other person;
or
(c) he manipulates any part of the body of the child so as to cause penetration into the vagina,
urethra, anus or any part of body of the child or makes the child to do so with him or any other
person or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to
do so to such person or any other person.
B. AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT
THEREFOR.
2. AGGRAVATED PENETRATIVE SEXUAL ASSAULT:(a) Whoever, being a police officer, commits penetrative sexual assault on a child
(i) within the limits of the police station or premises at which he is appointed; or
(ii) in the premises of any station house, whether or not situated in the police station, to
which he is appointed; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as, a police officer; or
(b) whoever being a member of the armed forces or security forces commits penetrative
sexual assault on a .
(i) within the limits of the area to which the person is deployed; or
(ii) in any areas under the command of the forces or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where the said person is known or identified as a member of the security or armed
forces; or
(c) whoever being a public servant commits penetrative sexual assault on a child; or
(d) whoever being on the management or on the staff of a jail, remand home, protection
home, observation home, or other place of custody or care and protection established by or
under any law for the time being in force, commits penetrative sexual assault on a child, being
inmate of such jail, remand home, protection home, observation home, or other place of
custody or care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or private,
commits penetrative sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or religious
institution, commits penetrative sexual assault on a child in that institution; or
Explanation.—When a child is subjected to sexual assault by one or more persons of a group
in furtherance of their common intention, each of such persons shall be deemed to have
committed gang penetrative sexual assault within the meaning of this clause and each of such
person shall be liable for that act in the same manner as if it were done by him alone; or
(g) whoever commits gang penetrative sexual assault on a child.
(h) whoever commits penetrative sexual assault on a child using deadly weapons, fire,
heated substance or corrosive substance; or
(i) whoever commits penetrative sexual assault causing grievous hurt or causing
bodily harm and injury or injury to the sexual organs of the child; or
(j) whoever commits penetrative sexual assault on a child, which—
(i) physically incapacitates the child or causes the child to become mentally ill as defined
under clause (b) of section 2 of the Mental Health Act, 1987 or causes impairment of any
kind so as to render the child unable to perform regular tasks, temporarily or permanently; or
14 of 1987
(ii) in the case of female child, makes the child pregnant as a consequence of sexual assault;
(iii) inflicts the child with Human Immunodeficiency Virus or any other life threatening
disease or Infection which may either temporarily or permanently impair the child by
rendering him physically incapacitated, or mentally ill to perform regular tasks; or (k)
whoever, taking advantage of a child's mental or physical disability, commits penetrative
sexual assault on the child; or (l) whoever commits penetrative sexual assault on the child
more than once or repeatedly; or (m) whoever commits penetrative sexual assault on a child
below twelve years; or (n) whoever being a relative of the child through blood or adoption or
marriage or guardianship or in foster care or having a domestic relationship with a parent of
the child or who is living in the same or shared household with the child, commits penetrative
sexual assault on such child; or (o) whoever being, in the ownership, or management, or staff,
of any institution providing services to the child, commits penetrative sexual assault on the
child; or (p) whoever being in a position of trust or authority of a child commits penetrative
sexual assault on the child in an institution or home of the child or anywhere else; or (q)
whoever commits penetrative sexual assault on a child knowing the child is pregnant; or (r)
whoever commits penetrative sexual assault on a child and attempts to murder the child; or
(s) whoever commits penetrative sexual assault on a child in the course of communal or
sectarian violence; or (t) whoever commits penetrative sexual assault on a child and who has
been previously convicted of having committed any offence under this Act or any sexual
offence punishable under any other law for the time being in force; or (u) whoever commits
penetrative sexual assault on a child and makes the child to strip or parade naked in public,
is said to commit aggravated penetrative sexual assault.
3. Punishment for aggravated penetrative sexual assault:Whoever, commits aggravated penetrative sexual assault, 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 and shall also be liable to fine.
C. SEXUAL ASSAULT AND PUNISHMENT
1. Sexual assault:Whoever, with sexual intent touches the vagina, penis, anus or breast of the child
or makes the child touch the vagina, penis, anus or breast of such person or any other person,
or does any other act with sexual intent which involves physical contact without penetration is
said to commit sexual assault.
2. Punishment for sexual assault:Whoever, commits sexual assault, shall be punished with imprisonment of
either description for a term which shall not be less than three years but which may extend to
five years, and shall also be liable to fine.
D.-AGGRAVATED SEXUAL ASSAULT AND PUNISHMENT THEREFOR.
1. Aggravated sexual assault:- (a) Whoever, being a police officer, commits sexual assault on
a child—
(i) within the limits of the police station or premises where he is appointed;
or
(ii) in the premises of any station house whether or not situated in the police
station to which appointed; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as a police officer; or
(b) whoever, being a member of the armed forces or security forces, commits sexual assault on
a child—
(i) within the limits of the area to which the person is deployed;
(ii) in any areas under the command of the security or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known or identified as a member of the security or armed forces;
or
(c) whoever being a public servant commits sexual assault on a child; or
d) whoever being on the management or on the staff of a jail, or remand home or protection
home or observation home, or other place of custody or care and protection established by or
under any law for the time being in force commits sexual assault on a child being inmate of
such jail or remand home or protection home or observation home or other place of custody or
care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or private,
commits sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or religious
institution, commits sexual assault on a child in that institution; or
(g) whoever commits gang sexual assault on a child.
Explanation.— when a child is subjected to sexual assault by one or more persons of a group
in furtherance of their common intention, each of such persons shall be deemed to have
committed gang sexual assault within the meaning of this clause and each of such person shall
be liable for that act in the same manner as if it were done by him alone; or
(h) whoever commits sexual assault on a child using deadly weapons, fire, heated substance or
corrosive substance; or
(i) whoever commits sexual assault causing grievous hurt or causing bodily
harm and injury or injury to the sexual organs of the child; or
(j) whoever commits sexual assault on a child, which—
(i) physically incapacitates the child or causes the child to become mentally
ill as defined under clause (l) of section 2 of the Mental Health Act, 1987 or causes impairment
of any kind so as to render the child unable to perform regular tasks, temporarily or
permanently; or 14 of 1987
(ii) inflicts the child with Human Immunodeficiency Virus or any other life
threatening disease or infection which may either temporarily or permanently impair the child
by rendering him physically incapacitated, or mentally ill to perform regular tasks; or
(k) whoever, taking advantage of a child’s mental or physical disability, commits sexual assault
on the child; or
(l) whoever commits sexual assault on the child more than once or repeatedly; or (m) whoever
commits sexual assault on a child below twelve years; or
(n) whoever, being a relative of the child through blood or adoption or marriage or guardianship
or in foster care, or having domestic relationship with a parent of the child, or who is living in
the same or shared household with the child, commits sexual assault on such child; or
(o) whoever, being in the ownership or management or staff, of any institution providing
services to the child, commits sexual assault on the child in such institution; or
(p) whoever, being in a position of trust or authority of a child, commits sexual assault on the
child in an institution or home of the child or anywhere else; or
(q) whoever commits sexual assault on a child knowing the child is pregnant; or (r) whoever
commits sexual assault on a child and attempts to murder the child; or
(s) whoever commits sexual assault on a child in the course of communal or sectarian violence;
or
(t) whoever commits sexual assault on a child and who has been previously convicted of having
committed any offence under this Act or any sexual offence punishable under any other law
for the time being in force; or
(u) whoever commits sexual assault on a child and makes the child to strip or parade naked in
public, is said to commit aggravated sexual assault.
E.—SEXUAL HARASSMENT AND PUNISHMENT
1. Sexual harassment : A person is said to commit sexual harassment upon a child when such
person with sexual intent,(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of
body with the intention that such word or sound shall be heard, or such gesture or object or part
of body shall be seen by the child; or
(ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any
other person; or
(iii) shows any object to a child in any form or media for pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contacts a child either directly or through
electronic, digital or any other means; or
(v) threatens to use, in any form of media, a real or fabricated depiction through electronic,
film or digital or any other mode, of any part of the body of the child or the involvement of the
child in a sexual act; or
(vi) entices a child for pornographic purposes or gives gratification therefor.
2. Punishment for sexual harassment: Whoever, commits sexual harassment upon a child
shall be punished with imprisonment of either description for a term which may extend to three
years and shall also be.
Explanation.—Any question which involves “sexual intent” shall be a question of fact all also
be liable to fine.
CHAPTER- II
USING CHILD
THEREFOR
FOR
PORNOGRAPHIC
PURPOSES
AND
PUNISHMENT
1. Use of child for pornographic purposes :
Whoever, uses a child in any form of media (including programmer or
advertisement telecast by television channels or internet or any other electronic form or
printed form, whether or not such programme or advertisement is intended for personal
use or for distribution), for the purposes of sexual gratification, which includes—
(a) representation of the sexual organs of a child;
(b) usage of a child engaged in real or simulated sexual acts (with or without
penetration);
(c) the indecent or obscene representation of a child, shall be guilty of the offence of
using a child for pornographic purposes.
Explanation.—For the purposes of this section, the expression ‘‘use a child’’ shall
include involving a child through any medium like print, electronic, computer or any
other technology for preparation, production, offering, transmitting, publishing,
facilitation and distribution of the pornographic material.
2. Punishment for using child for pornographic purposes:(1) Whoever, uses a child or children for pornographic purposes shall be punished with
imprisonment of either description which may extend to five years and shall also be
liable to fine and in the event of second or subsequent conviction with imprisonment of
either description for a term which may extend to seven years and also be liable to fine.
(2) If the person using the child for pornographic purposes commits an offence referred
to in section 3, by directly participating in pornographic acts, he shall be punished with
imprisonment of either description for a term which shall not be less than ten years but
which may extend to imprisonment for life, and shall also be liable to fine.
(3) If the person using the child for pornographic purposes commits an offence referred
to in section 5, by directly participating in pornographic acts, he shall be punished with
rigorous imprisonment for life and shall also be liable to fine.
(4) If the person using the child for pornographic purposes commits an offence referred
to in section 7, by directly participating in pornographic acts, he shall be punished with
imprisonment of either description for a term which shall not be less than six years but
which may extend to eight years, and shall also be liable to fine.
(5) If the person using the child for pornographic purposes commits an offence referred
to in section 9, by directly participating in pornographic acts, he shall be punished with
imprisonment of either description for a term which shall not be less than eight years
but which may extend to ten years, and shall also be liable to fine.
CHAPTER III
ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE
1. Punishment for storage of pornographic material involving child :
Any person, who stores, for commercial purposes any pornographic
material in any form involving a child shall be punished with imprisonment of either
description which may extend to three years or with fine or with both.
2. Abetment of an offence: A person abets an offence, who—
First; Instigates any person to do that offence; or
Secondly;
Engages with one or more other person or persons in any conspiracy for the
doing of that offence, if an act or illegal omission takes place in pursuance of
that conspiracy, and in order to the doing of that offence; or
Thirdly; Intentionally aids, by any act or illegal omission, the doing of that
offence.
Explanation I.— A person who, by wilful misrepresentation, or by wilful concealment of a
material fact, which he is bound to disclose, voluntarily causes or procures, or attempts to cause
or procure a thing to be done, is said to instigate the doing of that offence.
Explanation II.—Whoever, either prior to or at the time of commission of an act, does
anything in order to facilitate the commission of that act, and thereby facilitates the commission
thereof, is said to aid the doing of that act.
Explanation III.—Whoever employ, harbors, receives or transports a child, by means of threat
or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a
position, vulnerability or the giving or receiving of payments or benefits to achieve the consent
of a person having control over another person, for the purpose of any offence under this Act,
is said to aid the doing of that act.
3. Punishment for abetment:Whoever abets any offence under this Act, if the act abetted is committed
in consequence of the abetment, shall be punished with punishment provided for that
offence.
Explanation. — An act or offence is said to be committed in consequence of abetment,
when it is committed in consequence of the instigation, or in pursuance of the conspiracy
or with the aid, which constitutes the abetment. 4. Punishment for attempt to commit an
offence:Whoever attempts to commit any offence punishable under this Act or to
cause such an offence to be committed, and in such attempt, does any act towards the
commission of the offence, shall be punished with imprisonment of any description
provided for the offence, for a term which may extend to one half of the imprisonment for
life or, as the case may be, one-half of the longest term of imprisonment provided for that
offence or with fine or with both.
CHAPTER IV
PROCEDURE FOR REPORTING OF CASES
1. Reporting of offences:(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any person
(including the child), who has apprehension that an offence under this Act is likely to be
committed or has knowledge that such an offence has been committed, he shall provide such
information to.- 2 of1974
(a) the Special Juvenile Police Unit; or
(b) the local police.
(2) Every report given under sub-section (1) shall be—
(a) ascribed an entry number and recorded in writing;
(b) be read over to the informant;
(c) shall be entered in a book to be kept by the Police Unit.
(3) Where the report under sub-section (1) is given by a child, the same shall be recorded under
sub-section (2) in a simple language so that the child understands contents being recorded.
(4) In case contents are being recorded in the language not understood by the child or wherever
it is deemed necessary, a translator or an interpreter, having such qualifications, experience and
on payment of such fees as may be prescribed, shall be provided to the child if he fails to
understand the same.
(5) Where the Special Juvenile Police Unit or local police is satisfied that the child against
whom an offence has been committed is in need of care and protection, then, it shall, after
recording the reasons in writing, make immediate arrangement to give him such care and
protection including admitting the child into shelter home or to the nearest hospital within
twenty-four hours of the report, as may be prescribed.
(6) The Special Juvenile Police Unit or local police shall, without unnecessary delay but within
a period of twenty-four hours, report the matter to the Child Welfare Committee and the Special
Court or where no Special Court has been designated, to the Court of Session, including need
of the child for care and protection and steps taken in this regard.
(7) No person shall incur any liability, whether civil or criminal, for giving the information in
good faith for the purpose of sub-section (1)
2. Obligation of media, studio and photographic facilities to report cases :
Any personnel of the media or hotel or lodge or hospital or club or studio or photographic
facilities, by whatever name called, irrespective of the number of persons employed therein,
shall, on coming across any material or object which is sexually exploitative of the child
including pornographic, sexually-related or making obscene representation of a child or
children) through the use of any medium, shall provide such information to the Special
Juvenile Police Unit, or to the local police, as the case may be.
3. Punishment for failure to report or record a case:(1) Any person, who fails to report the commission of an offence under sub-section (1) of
section 19 or section 20 or who fails to record such offence under sub-section (2) of section 19
shall be punished with imprisonment of either description which may extend to six months or
with fine or with both.
(2) Any person, being in-charge of any company or an institution (by whatever name called)
who fails to report the commission of an offence under sub-section (1) of section 19 in respect
of a subordinate under his control, shall be punished with imprisonment for a term which may
extend to one year and with fine.
(3) The provisions of sub-section (1) shall not apply to a child under this Act.
4. Punishment for false complaint or false information:
(1) Any person, who makes false complaint or provides false information against any person,
in respect of an offence committed under sections 3, 5, 7 and section 9, solely with the intention
to humiliate, extort or threaten or defame him, shall be punished with imprisonment for a term
which may extend to six months or with fine or with both.
(2) Where a false complaint has been made or false information has been provided by a child,
no punishment shall be imposed on such child.
5. Procedure for media:
(1) No person shall make any report or present comments on any child from any form of media
or studio or photographic facilities without having complete and authentic information, which
may have the effect of lowering his reputation or infringing upon his privacy.
(2) No reports in any media shall disclose, the identity of a child including his name, address,
photograph, family details, school, neighborhood or any other particulars which may lead to
disclosure of identity of the child: Provided that for reasons to be recorded in writing, the
Special Court, competent to try the case under the Act, may permit such disclosure, if in its
opinion such disclosure is in the interest of the child.
(3) The publisher or owner of the media or studio or photographic facilities shall be jointly and
severally liable for the acts and omissions of his employee.
(4) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be
liable to be punished with imprisonment of either description for a period which shall not be
less than six months but which may extend to one year or with fine or with both.
CHAPTER V
PROCEDURES FOR RECORDING STATEMENT OF THE CHILD
1. Recording of statement of a child:
(1) The statement of the child shall be recorded at the residence of the child or at a place where
he usually resides or at the place of his choice and as far as practicable by a woman police
officer not below the rank of sub-inspector.
(2) The police officer while recording the statement of the child shall not be in uniform.
(3) The police officer making the investigation, shall, while examining the child, ensure that at
no point of time the child come in the contact in any way with the accused.
(4) No child shall be detained in the police station in the night for any reason.
(5) The police officer shall ensure that the identity of the child is protected from the public
media, unless otherwise directed by the Special Court in the interest of the child.
2. Recording of statement of a child by Magistrate:
(1) If the statement of the child is being recorded under section 164 of the Code of Criminal
Procedure, 1973 herein referred to as the Code), the Magistrate recording such statement shall,
notwithstanding anything contained therein, record the statement as spoken by the child:
Provided that the provisions contained in the first proviso to sub-section (1) of section 164 of
the Code shall, so far it permits the presence of the advocate of the accused shall not apply in
this case. 2 of 1974.
(2) The Magistrate shall provide to the child and his parents or his representative, a copy of the
document specified under section 207 of the Code, upon the final report being filed by the
police under section 173 of that Code.
3. Additional provisions regarding statement to be recorded:
(1) The Magistrate or the police officer, as the case may be, shall record the statement as spoken
by the child in the presence of the parents of the child or any other person in whom the child
has trust or confidence.
(2) Wherever necessary, the Magistrate or the police officer, as the case may be, may take the
assistance of a translator or an interpreter, having such qualifications, experience and on
payment of such fees as may be prescribed, while recording the statement of the child.
(3) The Magistrate or the police officer, as the case may be, may, in the case of a child having
a mental or physical disability, seek the assistance of a special educator or any person familiar
with the manner of communication of the child or an expert in that field, having such
qualifications, experience and on payment of such fees as may be prescribed, to record the
statement of the child.
(4) Wherever possible, the Magistrate or the police officer, as the case may be, shall ensure
that the statement of the child is also recorded by audio-video electronic means.
4. Medical examination of a child:
(1) The medical examination of a child in respect of whom any offence has been committed
under this Act, shall, notwithstanding that a First Information Report or complaint has not been
registered for the offences under this Act, be conducted in accordance with section 164A of the
Code of Criminal Procedure, 1973. 2 of 1973.
(2) In case the victim is a girl child, the medical examination shall be conducted by a woman
doctor.
(3) The medical examination shall be conducted in the presence of the parent of the child or
any other person in whom the child reposes trust or confidence.
(4) Where, in case the parent of the child or other person referred to in sub-section (3) cannot
be present, for any woman nominated by the head of the medical institution.
CHAPTER VI
SPECIAL COURTS
1. Designation of Special Courts:
(1) For the purposes of providing a speedy trial, the State Government shall in consultation
with the Chief Justice of the High Court, by notification in the Official Gazette, designate for
each district, a Court of Session to be a Special Court to try the offences under the Act: Provided
that if a Court of Session is notified as a children’s court under the Commissions for Protection
of Child Rights Act, 2005 or a Special Court designated for similar purposes under any other
law for the time being in force, then, such court shall be deemed to be a Special Court under
this section. 4 of 2006
(2) While trying an offence under this Act, a Special Court shall also try an offence other than
the offence referred to in subsection (1), with which the accused may, under the Code of
Criminal Procedure,1973 be charged at the same trial. 2 of 1974
(3) The Special Court constituted under this Act, notwithstanding anything in the Information
Technology Act, 2000, shall have jurisdiction to try offences under section 67B of that Act in
so far as it relates to publication or transmission of sexually explicit material depicting children
in any act, or conduct or manner or facilitates abuse of children online. 21 of 2000
2. Presumption as to certain offence:
Where a person is prosecuted for committing or abetting or attempting to
commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court shall
presume, that such person has committed or abetted or attempted to commit the offence, as the
case may be unless the contrary is proved.
3. Presumption of culpable mental state:
(1) In any prosecution for any offence under this Act which requires a culpable mental state on
the part of the accused, the Special Court shall presume the existence of such mental state but
it shall be a defence for the accused to prove the fact that he had no such mental state with
respect to the act charged as an offence in that prosecution.
(2) For the purposes of this section, a fact is said to be proved only when the Special Court
believes it to exist beyond reasonable doubt and not merely when its existence is established
by a preponderance of probability.
Explanation.—In this section, "culpable mental state" includes intention, motive, knowledge
of a fact and the belief in, or reason to believe, a fact.
4. Application of Code of Criminal Procedure, 1973 to proceedings before a Special
Court: Save as otherwise provided in this Act, the provisions of the Code of Criminal
Procedure, 1973 including the provisions as to bail and bonds shall apply to the proceedings
before a Special Court and for the purposes of the said provisions, the Special Court shall
be deemed to be a court of Sessions and the person conducting a prosecution before a
Special Court, shall be deemed to be a Public Prosecutor. 2 of 1974
5. Special Public Prosecutors:
(1) The State Government shall, by notification in the Official Gazette, appoint a Special
Public Prosecutor for every Special Court for conducting cases only under the provisions
of this Act.
(2) A person shall be eligible to be appointed as a Special Public Prosecutor under subsection (1) only if he had been in practice for not less than seven years as an advocate.
(3) Every person appointed as a Special Public Prosecutor under this section shall be
deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code
of Criminal Procedure, 1973 and provision of that Code shall have effect accordingly. 2 of
1974
CHAPTER VII
PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF
EVIDENCE
1. Procedure and powers of Special Court:
(1) A Special Court may take cognizance of any offence, without the accused being committed
to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a
police report of such facts.
(2) The Special Public Prosecutor, or as the case may be, the counsel appearing for the accused
shall, while recording the examination-in-chief, cross-examination or re-examination of the
child, communicate the questions to be put to the child to the Special Court which shall in turn
put those questions to the child.
(3) The Special Court may, if it considers necessary, permit frequent breaks for the child during
the trial.
(4) The Special Court shall create a child-friendly atmosphere by allowing a family member, a
guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the
court.
(5) The Special Court shall ensure that the child is not called repeatedly to testify in the court.
(6) The Special Court shall not permit aggressive questioning or character assassination of the
child and ensure that dignity of the child is maintained at all times during the trial.
(7) The Special Court shall ensure that the identity of the child is not disclosed at any time
during the course of investigation or trial: Provided that for reasons to be recorded in writing,
the Special Court may permit such disclosure, if in its opinion such disclosure is in the interest
of the child.
Explanation.—For the purposes of this sub-section, the identity of the child shall include the
identity of the child's family, school, relatives, neighborhood or any other information by which
the identity of the child may be revealed.
(8) In appropriate cases, the Special Court may, in addition to the punishment, direct payment
of such compensation as may be prescribed to the child for any physical or mental trauma
caused to him or for immediate rehabilitation of such child.
(9) Subject to the provisions of this Act, a Special Court shall, for the purpose of the trial of
any offence under this Act, have all the powers of a Court of Session and shall try such offence
as if it were a Court of Session, and as far as may be, in accordance with the procedure specified
in the Code of Criminal Procedure, 1973 for trial before a Court of Session. 2 of 1974
2. Procedure in case of commission of offence by child and determination of age by Special
Court:
(1) Where any offence under this Act is committed by a child, such child shall be dealt with
under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 . 56
of 2000
(2) If any question arises in any proceeding before the Special Court whether a person is a
child or not, such question shall be determined by the Special Court after satisfying itself about
the age of such person and it shall record in writing its reasons for such determination.
(3) No order made by the Special Court shall be deemed to be invalid merely by any subsequent
proof that the age of a person as determined by it under sub-section (2) was not the correct age
of that person.
3. Period for recording of evidence of child and disposal of case:
(1) The evidence of the child shall be recorded within a period of thirty days of the Special
Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the
Special Court.
(2) The Special Court shall complete the trial, as far as possible, within a period of one year
from the date of taking cognizance of the offence.
4. Child not to see accused at the time of testifying:
(1) The Special Court shall ensure that the child is not exposed in any way to the accused at
the time of recording of the evidence, while at the same time ensuring that the accused is in a
position to hear the statement of the child and communicate with his advocate.
(2) For the purposes of sub-section (1), the Special Court may record the statement of a child
through video conferencing or by utilising single visibility mirrors or curtains or any other
device.
5. Trials to be conducted in camera:
The Special Court shall try cases in camera and in the presence of the
parents of the child or any other person in whom the child has trust or confidence: Provided
that where the Special Court is of the opinion that the child needs to be examined at a place
other than the court, it shall proceed to issue a commission in accordance with the provisions
of section 284 of the Code of Criminal Procedure, 1973. 2 of 1974
6. Assistance of an interpreter or expert while recording evidence of child: (1) wherever
necessary, the Court may take the assistance of a translator or interpreter having such
qualifications, experience and on payment of such fees as may be prescribed, while recording
the evidence of the child.
(2) If a child has a mental or physical disability, the Special Court may take the assistance of a
special educator or any person familiar with the manner of communication of the child or an
expert in that field, having such qualifications, experience and on payment of such fees as may
be prescribed to record the evidence of the child.
CHAPTER VIII
MISCELLANEOUS
1. Guidelines for child to take assistance of experts, etc:
Subject to such rules as may be made in this behalf, the State
Government shall prepare guidelines for use of non-governmental organizations,
professionals and experts or persons having knowledge of psychology, social work,
physical health, mental health and child development to be associated with the pre-trial
and trial stage to assist the child.
2. Right of child to take assistance of legal practitioner:
Subject to the proviso to section 301 of the Code of Criminal Procedure,
1973 the family or the guardian of the child shall be entitled to the assistance of a legal
counsel of their choice for any offence under this Act: 2 of 1974 Provided that if the
family or the guardian of the child are unable to afford a legal counsel, the Legal
Services Authority shall provide a lawyer to them.
3. Provisions of sections 3 to 13 not to apply in certain cases:
The provisions of sections 3 to 13 (both inclusive) shall not apply in case
of medical examination or medical treatment of a child when such medical examination
or medical treatment is undertaken with the consent of his parents or guardian.
4. Alternate punishment :
Where an act or omission constitutes an offence punishable under this Act
and also under section166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376C,
376D, 376E or section 509 of the Indian Penal Code, then, not with standing anything
contained in any law for the time being in force, the offender found quality of such offence
shall be liable to punishment under this Act or under the Indian Penal Code as provides for
punishment which is greater in degree.
5. Act not in derogation of any other law:
The provisions of this Act shall be in addition to and not in derogation of the
provisions of any other law for the time being in force and, in case of any inconsistency,
the provisions of this Act shall have overriding effect on the provisions of any such law to
the extent of the inconsistency.
6. Public awareness about Act:
The Central Government and every State Government, shall take all
measures to ensure that—
(a) the provisions of this Act are given wide publicity through media including the
television, radio and the print media at regular intervals to make the general public,
children as well as their parents and guardians aware of the provisions of this Act;
(b) the officers of the Central Government and the State Governments and other
concerned persons (including the police officers) are imparted periodic training on the
matters relating to the implementation of the provisions of the Act.
7. Monitoring of implementation Act:
(1) The National Commission for Protection of Child Rights constituted under section
3, or as the case may be, the State Commission for Protection of Child Rights
constituted under section 17, of the Commissions for Protection of Child Rights Act,
2005 shall, in addition to the functions assigned to them under that Act, also monitor
the implementation of the provisions of this Act in such manner as may be prescribed
4 of 2006.
(2) The National Commission or, as the case may be, the State Commission, referred to
in sub-section (1), shall, while inquiring into any matter relating to any offence under
this Act, have the same powers as are vested in it under the Commissions for Protection
of Child Rights Act, 2005 . 4 of 2006
(3) The National Commission or, as the case may be, the State Commission, referred
to in sub-section (1), shall, also include, its activities under this section, in the annual
report referred to in section 16 of the Commissions for Protection of Child Rights Act,
2005. 4 of 2006
8. Power to make rules.(1) The Central Government may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such
rules may provide for all or any of the following matters, namely:(a) the qualifications and experience of, and the fees payable to, a translator or
an interpreter, a special educator or any person familiar with the manner of
communication of the child or an expert in that field, under sub-section (4) of section
19; subsections (2) and (3) of section 26 and section 38
(b) care and protection and emergency medical treatment of the child under subsection (5) of section 19;
(c) the payment of compensation under sub-section (8) of section 33;
(d)
the manner of periodic monitoring of the provisions of the Act under sub-section
(1) of section44.
(3) Every rule made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
9. Power to remove difficulties.(1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as may appear to it to be necessary or
expedient for removal of the difficulty: Provided that no order shall be made under this
section after the expiry of the period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
Under section 44 of the Protection of Children from Sexual Offences
(POSCO) Act and Rule 6 of POSCO Rules, 2012, the National Commission for
Protection of Child Rights, in addition to its assigned functions, also mandated:1. To monitor in the implementation of Protection of Children from Sexual Offences
(POCSO) Act, 2012;
2. To monitor the designation of Special Courts by State Governments;
3. To monitor the appointment of Public Prosecutors by State Governments;
4. To monitor the formulation of the guidelines described in section 39 of the Act by the
State Governments, for the use of non-governmental organisations, professionals and
experts or persons having knowledge of psychology, social work, physical health,
mental health and child development to be associated with the pre-trial and trial stage
to assist the child, and to monitor the application of these guidelines;
5. To monitor the designing and implementation of modules for training police personnel
and other concerned persons, including officers of the Central and State Governments,
for the effective discharge of their functions under the Act;
6. To monitor and support the Central Government and State Governments for the
dissemination of information relating to the provisions of the Act through media
including the television, radio and print media at regular intervals, so as to make the
general public, children as well as their parents and guardians aware of the provisions
of the Act;
7. To call for a report on any specific case of child sexual abuse falling within the
jurisdiction of a CWC;
8. To collect information and data on its own or from the relevant agencies regarding
reported cases of sexual abuse and their disposal under the processes established under
the Act, including information on the following:o Number and details of offences reported under the Act;
o Whether the procedures prescribed under the Act and rules were followed,
Including those regarding timeframes;
o Details of arrangements for care and protection of victims of offences under this
Act, including arrangements for emergency medical care and medical
examination; and
o Details regarding assessment of the need for care and protection of a child by
the concerned CWC in any specific case.
9. To assess the implementation of the provisions of the Act and to include a report in a
separate chapter in its Annual Report to the Parliament.
Child sexual abuse laws in India
Child sexual abuse laws in India have been enacted as part of the nation's child
protection policies. The Parliament of India passed the 'Protection of Children Against Sexual
Offences Bill, 2011' regarding child sexual abuse on May 22, 2012 into Act. The rules
formulated by the government in accordance with the law have also been notified on the
November 2012 and the law has become ready for implementation. Fifty three percent of
children in India face some form of child sexual abuse. The need for stringent law has been felt
many times
Law Before the 2012 legislation was passed
Goa Children's Act, 2003, was the only specific piece of child abuse legislation before the 2012
Act. Child sexual abuse was prosecuted under the following sections of Indian Penal Code:



I.P.C. (1860) 375- Rape
I.P.C. (1860) 354- Outraging the modesty of a woman
I.P.C. (1860) 377- Unnatural offences
However, the IPC could not effectively protect the child due to various loopholes like:



IPC 375 doesn't protect male victims or anyone from sexual acts of penetration other than
"traditional" peno-vaginal intercourse.
IPC 354 lacks a statutory definition of "modesty". It carries a weak penalty and is a
compoundable offence. Further, it does not protect the "modesty" of a male child.
In IPC 377, the term "unnatural offences" is not defined. It only applies to victims
penetrated by their attacker's sex act, and is not designed to criminalize sexual abuse of
children.
The Protection of Children from Sexual Offenses Act
The new Act provides for a variety of offenses under which an accused can be punished.
It defines a child as a person under age of 18 years. It encompasses the biological age of the
child and silent on the mental age considerations. A recent case in SC has been filed where a
women of biological age 38yrs but mental age 6yrs was raped. The victim's advocate argues
that "failure to consider the mental age will be an attack on the very purpose of act." SC has
reserved the case for judgment and is determined to interpret whether the 2012 act encompasses
the mental age or whether only biological age is inclusive in the definition.
It recognizes forms of penetration other than peno-vaginal penetration and criminalizes acts of
immodesty against children too. The act is gender-neutral. With respect to pornography, the
Act criminalizes even watching or collection of pornographic content involving children. The
Act makes abetment of child sexual abuse an offense. It also provides for various procedural
reforms, making the tiring process of trial in India considerably easier for children. The Act
has been criticized as its provisions seem to criminalize consensual sexual intercourse between
two people below the age of 18. The 2001 version of the Bill did not punish consensual sexual
activity if one or both partners were above 16 years.
Child sexual abuse
Child sexual abuse or child molestation is a form of child abuse in which an adult or older
adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging
in sexual activities with a child (whether by asking or pressuring, or by other means), indecent
exposure (of the genitals, female nipples, etc.), child grooming, or using a child to
produce child pornography.
Child sexual abuse can occur in a variety of settings, including home, school, or work (in places
where child labor is common). Child marriage is one of the main forms of child sexual
abuse; UNICEF has stated that child marriage "represents perhaps the most prevalent form of
sexual abuse and exploitation of girls". The effects of child sexual abuse can
include depression, post-traumatic stress disorder, anxiety, complex post-traumatic stress
disorder, propensity to further victimization in adulthood, injury to the child, among other
problems. Sexual abuse by a family member is a form of incest and can result in more serious
and long-term psychological trauma, especially in the case of parental incest.
The global prevalence of child sexual abuse has been estimated at 19.7% for females and 7.9%
for males. Most sexual abuse offenders are acquainted with their victims; approximately 30%
are relatives of the child, most often brothers, fathers, uncles, or cousins around 60% are other
acquaintances, such as "friends" of the family, babysitters, or neighbors; strangers are the
offenders in approximately 10% of child sexual abuse cases. Most child sexual abuse is
committed by men; studies on female child molesters show that women commit 14% to 40%
of offenses reported against boys and 6% of offenses reported against girls.
The word pedophile is commonly applied indiscriminately to anyone who sexually abuses a
child, but child sexual offenders are not pedophiles unless they have a strong sexual interest
in prepubescent children. Under the law, child sexual abuse is often used as an umbrella
term describing criminal and civil offenses in which an adult engages in sexual activity with
a minor or exploits a minor for the purpose of sexual gratification. The American
Psychological Association states that "children cannot consent to sexual activity with adults",
and condemns any such action by an adult: "An adult who engages in sexual activity with a
child is performing a criminal and immoral act which never can be considered normal or
socially acceptable behavior."
History
Child sexual abuse has gained public attention in the past few decades and has become one of
the most high-profile crimes. Since the 1970s the sexual abuse of children and child molestation
has increasingly been recognized as deeply damaging to children and thus unacceptable for
society as a whole. While sexual use of children by adults has been present throughout history,
it has only become the object of significant public attention in recent times
Effects
1. Psychological effects
Child sexual abuse can result in both short-term and long-term harm,
including psychopathology in
later
life.
Indicators
and
effects
include depression, anxiety, eating
disorders, poor self-esteem,
somatization, sleep
disturbances, and dissociative and anxiety
disorders including post-traumatic
stress
disorder. While children may exhibit regressive behaviors such as thumb
sucking or bedwetting, the strongest indicator of sexual abuse is sexual acting out and
inappropriate sexual knowledge and interest. Victims may withdraw from school and social
activities and exhibit various learning and behavioral problems including cruelty to
animals, attention deficit/hyperactivity disorder (ADHD), conduct disorder, and oppositional
defiant disorder (ODD). Teenage pregnancy and risky sexual behaviors may appear in
adolescence. Child sexual abuse victims report almost four times as many incidences of selfinflicted harm.
A study funded by the USA National Institute of Drug Abuse found that "Among more than
1,400 adult females, childhood sexual abuse was associated with increased likelihood of drug
dependence, alcohol dependence, and psychiatric disorders. The associations are expressed as
odds ratios: for example, women who experienced nongenital sexual abuse in childhood were
2.83 times more likely to suffer drug dependence as adults than were women who were not
abused."
A well-documented, long-term negative effect is repeated or additional victimization in
adolescence and adulthood. A causal relationship has been found between childhood sexual
abuse and various adult psychopathologies, including crime and suicide, in addition to
alcoholism and drug abuse. Males who were sexually abused as children more frequently
appear in the criminal justice system than in a clinical mental health setting. A study comparing
middle-aged women who were abused as children with non-abused counterparts found
significantly higher health care costs for the former. Intergenerational effects have been noted,
with the children of victims of child sexual abuse exhibiting more conduct problems, peer
problems, and emotional problems than their peers.
A specific characteristic pattern of symptoms has not been identified, and there are several
hypotheses about the causality of these associations.
Studies have found that 51% to 79% of sexually abused children exhibit psychological
symptoms. The risk of harm is greater if the abuser is a relative, if the abuse involves
intercourse or attempted intercourse, or if threats or force are used. The level of harm may also
be affected by various factors such as penetration, duration and frequency of abuse, and use of
force. The social stigma of child sexual abuse may compound the psychological harm to
children, and adverse outcomes are less likely for abused children who have supportive family
environments.
Posttraumatic stress disorder
Main articles: Dissociation (psychology) and Posttraumatic stress disorder
Child abuse, including sexual abuse, especially chronic abuse starting at early ages, has been
found to be related to the development of high levels of dissociative symptoms, which includes
amnesia for abuse memories. When severe sexual abuse (penetration, several perpetrators,
lasting more than one year) had occurred, dissociative symptoms were even more prominent.
Besides dissociative identity disorder (DID) and posttraumatic stress disorder (PTSD), child
sexual abuse survivors may present borderline personality disorder (BPD) and eating disorders
such as bulimia nervosa.
Research factors
Because child sexual abuse often occurs alongside other possibly confounding variables, such
as poor family environment and physical abuse, some scholars argue it is important to control
for those variables in studies which measure the effects of sexual abuse. In a 1998 review of
related literature, Martin and Fleming state "The hypothesis advanced in this paper is that, in
most cases, the fundamental damage inflicted by child sexual abuse is due to the child's
developing capacities for trust, intimacy, agency and sexuality, and that many of the mental
health problems of adult life associated with histories of child sexual abuse are second-order
effects." Other studies have found an independent association of child sexual abuse with
adverse psychological outcomes.
Kendler et al. (2000) found that most of the relationship between severe forms of child sexual
abuse and adult psychopathology in their sample could not be explained by family discord,
because the effect size of this association decreased only slightly after they controlled for
possible confounding variables. Their examination of a small sample of CSA-discordant twins
also supported a causal link between child sexual abuse and adult psychopathology; the CSAexposed subjects had a consistently higher risk for psychopathologic disorders than their CSA
non-exposed twins. A 1998 meta-analysis by Bruce Rind et al. generated controversy by
suggesting that child sexual abuse does not always cause pervasive harm, that some college
students reported such encounters as positive experiences and that the extent of psychological
damage depends on whether or not the child described the encounter as "consensual." The
study was criticized for flawed methodology and conclusions. The US Congress condemned
the study for its conclusions and for providing material used by pedophile organizations to
justify their activities.
2. Physical effects
a. Injury
Depending on the age and size of the child, and the degree of force used, child sexual abuse
may cause internal lacerations and bleeding. In severe cases, damage to internal organs may
occur, which, in some cases, may cause death.
b. Infections
Child sexual abuse may cause infections and sexually transmitted diseases. Due to a lack of
sufficient vaginal fluid, chances of infections can heighten depending on the age and size of
the child. Vaginitis has also been reported.
c. Neurological damage
Research has shown that traumatic stress, including stress caused by sexual abuse, causes
notable changes in brain functioning and development. Various studies have suggested that
severe child sexual abuse may have a deleterious effect on brain development. Ito et al. (1998)
found "reversed hemispheric asymmetry and greater left hemisphere coherence in abused
subjects;" Teicher et al. (1993) found that an increased likelihood of "ictal temporal lobe
epilepsy-like symptoms" in abused subjects; Anderson et al. (2002) recorded
abnormal transverse relaxation time in the cerebellar vermis of adults sexually abused in
childhood; Teicher et al. (1993) found that child sexual abuse was associated with a
reduced corpus callosum area; various studies have found an association of reduced volume of
the left hippocampus with child sexual abuse;]and Ito et al. (1993) found increased
electrophysiological abnormalities in sexually abused children. Some studies indicate that
sexual or physical abuse in children can lead to the overexcitation of an undeveloped limbic
system. Teicher et al. (1993) used the "Limbic System Checklist-33" to measure ictal temporal
lobe epilepsy-like symptoms in 253 adults. Reports of child sexual abuse were associated with
a 49% increase to LSCL-33 scores, 11% higher than the associated increase of self-reported
physical abuse. Reports of both physical and sexual abuse were associated with a 113%
increase. Male and female victims were similarly affected.
Navalta et al. (2006) found that the self-reported math Scholastic Aptitude Test scores of their
sample of women with a history of repeated child sexual abuse were significantly lower than
the self-reported math SAT scores of their non-abused sample. Because the abused subjects'
verbal SAT scores were high, they hypothesized that the low math SAT scores could "stem
from a defect in hemispheric integration." They also found a strong association between shortterm memory impairments for all categories tested (verbal, visual, and global) and the duration
of the abuse.
Incest
Incest between a child or adolescent and a related adult is known as child incestuous
abuse, and has been identified as the most widespread form of child sexual abuse with a huge
capacity to damage the young person. One researcher stated that more than 70% of abusers are
immediate family members or someone very close to the family. Another researcher stated that
about 30% of all perpetrators of sexual abuse are related to their victim, 60% of the perpetrators
are family acquaintances, like a neighbor, babysitter or friend and 10% of the perpetrators in
child sexual abuse cases are strangers. A child sexual abuse offense where the perpetrator is
related to the child, either by blood or marriage, is a form of incest described as intrafamilial
child sexual abuse.
The most-often reported form of incest is father–daughter and stepfather–daughter incest, with
most of the remaining reports consisting of mother/stepmother–daughter/son incest. Father–
son incest is reported less often; however it is not known if the actual prevalence is less or it is
under-reported by a greater margin. Similarly, some argue that sibling incest may be as
common, or more common, than other types of incest: Goldman and Goldman reported that
57% of incest involved siblings; Finkelhor reported that over 90% of nuclear family incest
involved siblings; while Cawson et al. show that sibling incest was reported twice as often as
incest perpetrated by fathers/stepfathers.
Prevalence of parental child sexual abuse is difficult to assess due to secrecy and privacy; some
estimates state that 20 million Americans have been victimized by parental incest as children.
Types
Child sexual abuse includes a variety of sexual offenses, including:



sexual assault – a term defining offenses in which an adult uses a minor for the purpose of
sexual gratification; for example, rape (including sodomy), and sexual penetration with an
object. Most U.S. states include, in their definitions of sexual assault, any penetrative
contact of a minor’s body, however slight, if the contact is performed for the purpose of
sexual gratification.
sexual exploitation – a term defining offenses in which an adult victimizes a minor for
advancement, sexual gratification, or profit; for example, prostituting a child, and creating
or trafficking in child pornography.
sexual grooming – a term defining the social conduct of a potential child sex offender who
seeks to make a minor more accepting of their advances, for example in an online chat
room.
Commercial sexual exploitation
Commercial sexual exploitation of children (CSEC) is defined by the Declaration of the First
World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in
1996, as "sexual abuse by an adult accompanied by remuneration in cash or in kind to the child
or third person(s)." CSEC usually takes the form of child prostitution or child pornography,
and is often facilitated by child sex tourism. CSEC is particularly a problem in developing
countries of Asia. In recent years, new innovations in technology have facilitated the trade of
Internet child pornography.
Children who received supportive responses following disclosure had less traumatic symptoms
and were abused for a shorter period of time than children who did not receive support. In
general, studies have found that children need support and stress-reducing resources after
disclosure of sexual abuse. Negative social reactions to disclosure have been found to be
harmful to the survivor’s well being. One study reported that children who received a bad
reaction from the first person they told, especially if the person was a close family member,
had worse scores as adults on general trauma symptoms, post traumatic stress disorder
symptoms, and dissociation. Another study found that in most cases when children did disclose
abuse, the person they talked to did not respond effectively, blamed or rejected the child, and
took little or no action to stop the abuse. Non-validating and otherwise non-supportive
responses to disclosure by the child's primary attachment figure may indicate a relational
disturbance predating the sexual abuse that may have been a risk factor for the abuse, and which
can remain a risk factor for its psychological consequences.
The American Academy of Child and Adolescent Psychiatry provides guidelines for what to
say to the victim and what to do following the disclosure. Asa Don Brown has indicated: "A
minimization of the trauma and its effects is commonly injected into the picture by parental
caregivers to shelter and calm the child. It has been commonly assumed that focusing on
children’s issues too long will negatively impact their recovery. Therefore, the parental
caregiver teaches the child to mask his or her issues."
In many jurisdictions, abuse that is suspected, not necessarily proven, requires reporting
to child protection agencies, such as the Child Protection Services in the United States.
Recommendations for healthcare workers, such as primary care providers and nurses, who are
often suited to encounter suspected abuse are advised to firstly determine the child’s immediate
need for safety. A private environment away from suspected abusers is desired for interviewing
and examining. Leading statements that can distort the story are avoided. As disclosing abuse
can be distressing and sometimes even shameful, reassuring the child that he or she has done
the right thing by telling and that they are not bad and that the abuse was not their fault helps
in disclosing more information. Dolls are sometimes used to help explain what happened. For
the suspected abusers, it is also recommended to use a nonjudgmental, nonthreatening attitude
towards them and to withhold expressing shock, in order to help disclose information.
Treatment
The initial approach to treating a person who has been a victim of sexual abuse is dependent
upon several important factors:



Age at the time of presentation
Circumstances of presentation for treatment
Co-morbid conditions
The goal of treatment is not only to treat current mental health issues, and trauma related
symptoms, but also to prevent future ones.
Children and adolescents
Children often present for treatment in one of several circumstances, including criminal
investigations, custody battles, problematic behaviors, and referrals from child welfare
agencies.
The three major modalities for therapy with children and adolescents are family therapy, group
therapy, and individual therapy. Which course is used depends on a variety of factors that must
be assessed on a case-by-case basis. For instance, treatment of young children generally
requires strong parental involvement and can benefit from family therapy. Adolescents tend to
be more independent; they can benefit from individual or group therapy. The modality also
shifts during the course of treatment, for example group therapy is rarely used in the initial
stages, as the subject matter is very personal and/or embarrassing.
Major factors that affect both the pathology and response to treatment include the type and
severity of the sexual act, its frequency, the age at which it occurred, and the child’s family of
origin. Roland C. Summit, a medical doctor, defined the different stages the victims of child
sexual abuse go through, called child sexual abuse accommodation syndrome. He suggested
that children who are victims of sexual abuse display a range of symptoms that include secrecy,
helplessness, entrapment, accommodation, delayed and conflicted disclosure and recantation.
Adults
Adults who have been sexually abused as children often present for treatment with a secondary
mental health issue, which can include substance abuse, eating disorders, personality disorders,
depression, and conflict in romantic or interpersonal relationships.
Generally, the approach is to focus on the present problem, rather than the abuse itself.
Treatment is highly varied and depends on the person’s specific issues. For instance, a person
with a history of sexual abuse suffering from severe depression would be treated for depression.
However, there is often an emphasis on cognitive restructuring due to the deep-seated nature
of the trauma. Some newer techniques such as eye movement desensitization and
reprocessing (EMDR) have been shown to be effective.
Sexual abuse is associated with many sub-clinical behavioral issues as well, including revictimization in the teenage years, a bipolar-like switching between sexual compulsion and
shut-down, and distorted thinking on the subject of sexual abuse (for instance, that it is
common and happens to everyone). When first presenting for treatment, the patient can be fully
aware of their abuse as an event, but their appraisal of it is often distorted, such as believing
that the event was unremarkable (a form of isolation). Frequently, victims do not make the
connection between their abuse and their present pathology.
Offenders
1. Demographics
Offenders are more likely to be relatives or acquaintances of their victim than strangers. A
2006–07 Idaho study of 430 cases found that 82% of juvenile sex offenders were known to the
victims (acquaintances 46% or relatives 36%).
More offenders are male than female, though the percentage varies between studies (see female
child molesters). The percentage of incidents of sexual abuse by female perpetrators that come
to the attention of the legal system is usually reported to be between 1% and 4%. Studies of
sexual misconduct in US schools with female offenders have shown mixed results with rates
between 4% to 43% of female offenders. Maletzky (1993) found that, of his sample of 4,402
convicted pedophilic offenders, 0.4% were female. Another study of a non-clinical population
found that, among those in their sample that had been molested, as many as a third were
molested by women.
In U.S. schools, educators who offend range in age from "21 to 75 years old, with an average
age of 28".
According to C.E. Dettmeijer-Vermeulen, Dutch national spokeswoman on human traffic and
sexual violence against children, in the Netherlands, 3% of the convicted perpetrators are
women, 14.58% of the victims are boys and "most victims were abused by a family member,
friend or acquaintance." One in six perpetrators is himself underage.
2. Typology
Early research in the 1970s and 1980s began to classify offenders based on their motivations
and traits. Groth and Birnbaum (1978) categorized child sexual offenders into two groups,
"fixated" and "regressed".Fixated were described as having a primary attraction to children,
whereas regressed had largely maintained relationships with other adults, and were even
married. This study also showed that adult sexual orientationwas not related to the sex of the
victim targeted, e.g. men who molested boys often had adult relationships with women. Later
work (Holmes and Holmes, 2002) expanded on the types of offenders and their psychological
profiles. They are divided as follows:


Situational – does not prefer children, but offend under certain conditions.
 Regressed – Typically has relationships with adults, but a stressor causes them to seek
children as a substitute.
 Morally Indiscriminate – All-around sexual deviant, who may commit other sexual
offenses unrelated to children.1.
 Naive/Inadequate – Often mentally disabled in some way, finds children less
threatening.
Preferential – has true sexual interest in children.
 Mysoped – Sadistic and violent, target strangers more often than acquaintances.
 Fixated – Little or no activity with own age, described as an "overgrown child".
3. Causal factors
Causal factors of child sex offenders are not known conclusively. The experience of sexual
abuse as a child was previously thought to be a strong risk factor, but research does not show
a causal relationship, as the vast majority of sexually abused children do not grow up to be
adult offenders, nor do the majority of adult offenders report childhood sexual abuse. The
US Government Accountability Office concluded, "the existence of a cycle of sexual abuse
was not established." Before 1996, there was greater belief in the theory of a "cycle of
violence", because most of the research done was retrospective—abusers were asked if they
had experienced past abuse. Even the majority of studies found that most adult sex offenders
said they had not been sexually abused during childhood, but studies varied in terms of their
estimates of the percentage of such offenders who had been abused, from 0 to 79 percent. More
recent prospective longitudinal research—studying children with documented cases of sexual
abuse over time to determine what percentage become adult offenders—has demonstrated that
the cycle of violence theory is not an adequate explanation for why people molest children.
Offenders may use cognitive distortions to facilitate their offenses, such as minimization of the
abuse, victim blaming, and excuses.
4. Pedophilia
Pedophilia is a condition in which an adult or older adolescent is primarily or exclusively
attracted to prepubescent children, whether the attraction is acted upon or not. A person with
this attraction is called a pedophile.
In law enforcement, the term pedophile is sometimes used to describe those accused or
convicted of child sexual abuse under sociolegal definitions of child (including both
prepubescent children and adolescents younger than the local age of consent); however, not all
child sexual offenders are pedophiles and not all pedophiles engage in sexual abuse of
children. For these reasons, researchers recommend against imprecisely describing all child
molesters as pedophiles.
The term pedocriminality (De: Pädokriminalität; Fr: pédocriminalité) is a controversial term
which originated in the 1980s and has been used by organisations such as UNICEF, UNHRC,
the World Health Organization]and the Council of Europe to refer to child sexual abuse and
sexual violence used against children child prostitution, child trafficking and the use of child
pornography. The term "cyber-pedocriminality" has been used to refer to the activities of
viewers of child pornography online.
5. Recidivism
Recidivism rates for sex offenders are lower than for the general criminal
population. Estimated rates among child sex offenders vary. One study found that 42% of
offenders re-offended (either a sex crime, violent crime, or both) after they were released. Risk
for re-offense was highest in the first 6 years after release, but continued to be significant even
10–31 years later, with 23% offending during this time. A study done in California in 1965
found an 18.2% recidivism rate for offenders targeting the opposite sex and a 34.5% recidivism
rate for same-sex offenders after 5 years.
Child and young adolescent offenders
When a prepubescent child is sexually abused by one or more other children or adolescent
youths, and no adult is directly involved, it is defined as child-on-child sexual abuse. The
definition includes any sexual activity between children that occurs without consent, without
equality, or due to coercion, whether the offender uses physical force, threats, trickery
or emotional manipulation to compel cooperation. When sexual abuse is perpetrated by one
sibling upon another, it is known as "intersibling abuse", a form of incest.
Unlike research on adult offenders, a strong causal relationship has been established between
child and adolescent offenders and these offenders' own prior victimization, by either adults or
other children.
Teachers
According to a 2010 UNICEF report, 46% of Congolese schoolgirls confirmed that they had
been victims of sexual harassment, abuse, and violence committed by their teachers or other
school personnel. In Mozambique, a study by the Ministry of Education found that 70 percent
of female respondents reported knowing teachers who use sexual intercourse as a necessary
condition to advance students to the next grade. A survey by Promundo found that 16% of girls
in North Kivu said they had been forced to have sex with their teachers. According to UNICEF,
teachers in Mali are known to use "La menace du bic rouge" ("the threat of the red pen") or
bad marks if girls do not accept sexual advances. According to Plan International, 16% of
children in Togo, for instance, named a teacher as responsible for the pregnancy of a classmate.
Treatment
Although there is no known cure for pedophilia, there are a number of treatments for
pedophiles and child sexual abusers. Some of the treatments focus on attempting to change the
sexual preference of pedophiles, while others focus on keeping pedophiles from committing
child sexual abuse, or on keeping child sexual abusers from committing child sexual abuse
again. Cognitive behavioral therapy (CBT), for example, aims to reduce attitudes, beliefs, and
behaviors that may increase the likelihood of sexual offenses against children. Its content varies
widely between therapists, but a typical program might involve training in self-control, social
competence and empathy, and use cognitive restructuring to change views on sex with
children. The most common form of this therapy is relapse prevention, where the patient is
taught to identify and respond to potentially risky situations based on principles used for
treating addictions. The evidence for cognitive behavioral therapy is mixed. A 2012 Cochrane
Review of randomized trials found that CBT had no effect on risk of reoffending for contact
sex offenders. Meta-analyses in 2002 and 2005, which included both randomized and nonrandomized studies, concluded that CBT reduced recidivism. There is debate over whether
non-randomized studies should be considered informative. More research is needed.
Civil lawsuits
In the United States growing awareness of child sexual abuse has sparked an increasing number
of civil lawsuits for monetary damages stemming from such incidents. Increased awareness of
child sexual abuse has encouraged more victims to come forward, whereas in the past victims
often kept their abuse secret. Some states have enacted specific laws lengthening the
applicable statutes of limitations so as to allow victims of child sexual abuse to file suit
sometimes years after they have reached the age of majority. Such lawsuits can be brought
where a person or entity, such as a school, church or youth organization, was charged with
supervising the child but failed to do so with child sexual abuse resulting. In the Catholic sex
abuse cases the various Roman Catholic Diocese in the United States have paid out
approximately $1 billion settling hundreds of such lawsuits since the early 1990s. There have
also been lawsuits involving the American Religious Right. Crimes have allegedly gone
unreported and victims were pressured into silence. As lawsuits can involve demanding
procedures there is a concern that children or adults who file suit will be re-victimized by
defendants through the legal process, much as rape victims can be re-victimized by the accused
in criminal rape trials. The child sexual abuse plaintiff's attorney Thomas A. Cifarelli has
written that children involved in the legal system, particularly victims of sexual abuse and
molestation, should be afforded certain procedural safeguards to protect them from harassment
during the legal process.
In June 2008 in Zambia the issue of teacher-student sexual abuse and sexual assault was
brought to the attention of the High Court of Zambia where a landmark case decision, with
presiding Judge Philip Musonda, awarded $45million Zambian kwacha ($13,000 USD) to the
plaintiff, a 13-year-old girl for sexual abuse and rape by her school teacher. This claim was
brought against her teacher as a "person of authority" who, as Judge Musonda stated, "had a
moral superiority (responsibility) over his students" at the time.
A 2000 World Health Organization – Geneva report, “World Report on Violence and Health
(Chap 6 – Sexual Violence)” states, “Action in schools is vital for reducing sexual and other
forms of violence. In many countries a sexual relation between a teacher and a pupil is not a
serious disciplinary offence and policies on sexual harassment in schools either do not exist or
are not implemented. In recent years, though, some countries have introduced laws prohibiting
sexual relations between teachers and pupils. Such measures are important in helping eradicate
sexual harassment in schools. At the same time, a wider range of actions is also needed,
including changes to teacher training and recruitment and reforms of curricula, so as to
transform gender relations in schools.” In March 2011 Europol, the European Police, in a
mission called Operation Rescue, arrested 184 alleged members out of 670 identified, of an
online paedophile ring and rescued 230 children which is considered as the biggest case of its
kind.
In 2010 five men of Pakistani heritage were found guilty for sexual offences which occurred
between 1997 and 2013 in the UK town of Rotherham. The scandal caused outrage in the UK
due to the length of time the abuse took place and numerous investigative failings
Rape in India
Rape is the fourth most common crime against women in India. According to the National
Crime Records Bureau 2013 annual report, 24,923 rape cases were reported across India in
2012. Out of these, 24,470 were committed by someone known to the victim (98% of the
cases).
India has been characterized as one of the "countries with the lowest per capita rates of rape". A
2014 piece in The Lancet states that the "8.5% prevalence of sexual violence in the country is
among the lowest in the world." According to 2012 statistics, New Delhi has the highest raw
number of rape reports among Indian cities, while Jabalpur has the highest per capita rate of
rape reports. Several rape cases in India received widespread media attention and triggered
protests since 2012. This led the Government of India to reform its penal code for crimes of
rape and sexual assault.
Definition in Indian Penal Code
Annual rape and all forms of sexual assaults per 100,000 people, for India compared to select
nations
Before 3 February 2013, Section 375 of the Indian Penal Code defined rape as:
§375. Rape. A man is said to commit "rape" who, except case hereinafter excepted, has sexual
intercourse[15] with a woman in circumstances falling under any of the six following
descriptions:Firstly. –– Against her will.
Secondly. –– Without her consent.
Thirdly. –– 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.
Fourthly. –– 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.
Fifthly. –– 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 sixteen years of age.
Explanation. –– Penetration is sufficient to constitute the sexual intercourse necessary to the
offence of rape.
Exception. –– Sexual intercourse by a man with his own wife, the wife not being under fifteen
years of age, is not rape.
The above definition excluded marital rape, same sex crimes and considered all sex with a
minor below the age of sixteen as rape.
After 3 February 2013, the definition was revised through the Criminal Law (Amendment) Act
2013, which also raised the legal age of minor to eighteen.
§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 part 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:
Firstly.–– Against her will.
Secondly. –– Without her consent.
Thirdly. –– 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.
Fourthly. –– 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.
Fifthly.–– 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 1.–– 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. Exceptions –– 1. A
medical procedure or intervention shall not constitute rape; 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.
Even after the 2013 reform, marital rape when the wife and husband live together continued
not to be a crime in India. Article 376B of the 2013 law made forced sexual intercourse by a
man with his wife – if she is living separately – a crime, whether under a decree of separation
or otherwise, punishable with at least a 2-year prison term. Forced sex by a man on his wife
may also be considered a prosecutable domestic violence under other sections of Indian Penal
code, such as Section 498(A) as well as the Protection of Women from Domestic Violence Act
2005. The crime of sexual assault on a child, that is anyone below the age of eighteen, is further
outlined and mandatory punishments described in The Protection of Children from Sexual
Offences Act 2012.
All sexual acts between the members of the same sex, consensual or forced, remains a crime
under Section 377 of Indian penal code, after the 2013 Criminal Law reform, with punishment
the same as that of rape.
Rape statistics
Rape of minors
Using a small sample survey, Human Rights Watch projects more than 7,200 minors – 1.6 in
100,000 minors – are raped each year in India. Among these, victims who do report the assaults
are alleged to suffer mistreatment and humiliation from the police. Minor girls
are trafficked into prostitution in India, thus rape of minors conflates into a lifetime of
suffering. Of the countries studied by Maplecroft on sex trafficking and crime against minors,
India was ranked 7th worst.
Estimates of unreported rapes
Most rapes go unreported because the rape victims fear retaliation and humiliation, both in
India and throughout the world. Indian parliamentarians have stated that the rape problem in
India is being underestimated because a large number of cases are not reported, even though
more victims are increasingly coming out and reporting rape and sexual assaults. According to
an estimate from 2014, only 5-6% of rape cases in India are reported to the police. Few states
in India have tried to estimate or survey unreported cases sexual assault. The estimates for
unreported rapes in India vary widely. A comparison between data from the National Crime
Records Bureau (NCRB) and the National Family Health Survey (NFHS) in 2005 shows that
5.8% of rapes by men other than the victim's husband was reported, and 0.6% of rapes by the
husband were reported. Madiha Kark estimates 54% of rape crimes are unreported. A UN study
of 57 countries estimates just 11% of rape and sexual assault cases worldwide are ever reported.
Notable incidents
People silently marching to protest with candlelight at Salt Lake City in Kolkata after the
female victim's death on 29 December 2012
People in Bangalore protesting outside Bangalore Town Hall on 30 December 2012 demanding
justice for the 23-year-old student who was gang-raped in Delhi on 16 December 2012
The gang rape of a 23-year-old student on a public bus, on 16 December 2012, sparked large
protests across the capital Delhi. She was with a male friend who was severely beaten with an
iron rod during the incident. This same rod was used to penetrate her so severely that the
victim's intestines had to be surgically removed, before her death thirteen days after the attack.
The following day, there was an uproar in the Indian parliament over the incident. MPs in both
houses had set aside their regular business to discuss the case and demanded strict punishment
for those who carried out the attack. The Leader of the Opposition in the Lok Sabha, Sushma
Swaraj, demanded that "the rapists should be hanged".Thousands of people, mostly young,
participated in a massive demonstration on 22 December in protest. Police arrested six men
suspected of rape.
In August 2013, a 22-year-old photojournalist, who was interning with an English-language
magazine in Mumbai, was gang-raped by five persons, including a juvenile, when she had gone
to the deserted Shakti Mills compound, near Mahalaxmi in South Mumbai, with a male
colleague on an assignment. This caused protests throughout the country since Mumbai with
its very active nightlife was previously considered a safe haven for women. The city sessions
court found the accused guilty and sentenced death penalty to the three repeat offenders in
the Shakti Mills gang rape case, making them the first in the country to get the death sentence
stipulated under the newly enacted Section 376E of the Indian Penal Code.
In May 2014 two girls aged 14 and 16 were allegedly gang raped and murdered in the northern
state of Uttar Pradesh, though later investigations have alleged suicide as the cause of death in
this instance. Two police officers were suspected of involvement in the crimes. The alleged
gang rape was widely reported in the press both in India and globally. After an extensive
investigation, the CBI concluded that the rape and murder allegations were false.
On 14 March 2015, a 71-year-old nun was allegedly gang-raped in Ranaghat, West Bengal by
intruders at Convent of Jesus and Mary. The six intruders were recorded on CCTV during their
crime of ransacking the chapel, destroying religious items, looting cash and the gang rape. Six
men were arrested and charged with the crime by 1 April 2015, and identified to
be Bangladeshi Muslims.
On 29 March 2016, the corpse of Delta Meghwal, a 17 year old Dalit girl, was found in her
hostel's water tank. Following the registration of the police case the hostel warden, physical
education teacher and principal were arrested by Bikaner police and kept under judicial
custody. The State eventually acceded to a CBI inquiry after the issue became politicised.
Jammu and Kashmir
There have been allegations of rape and mass rape in Jammu and Kashmir. Reports have shown
that rape has been carried out by both Indian armed forces and Islamist militant groups. In
1991, the 4 Rajputana Rifles unit are alleged to have entered the village of Kunan Poshpora and
raped between 30 and 100 women aged between 13 and 70. The Indian government carried out
three inquiries into the allegations and concluded that it had been a hoax.
The rapes by Islamic militants have been reported since the Indo-Pakistani War of 1947. On
22 October 1947, Pashtun militants invaded Baramulla in a Pakistan army truck, and raped
women including European nuns. In March 1990, Mrs. M. N. Paul, the wife of a BSF inspector
was kidnapped, tortured and gang-raped for many days. Then her body with broken limbs was
abandoned on a road.
The International Commission of Jurists have stated that though the attacks had not been
proven beyond a doubt, there was credible evidence that it had happened. In 2011, the State
Human Rights Commission (SHRC) asked for the reopening of the case. Militant organisations
such as Hizb-ul-Mujahideen, Jamiat-ul-Mujahideen and Harkat ul-Ansar have been accused of
carrying out rapes. The Jammu Kashmir Liberation Front has been accused of ethnic
cleansing of using murder, arson, and rape as a weapon of war to drive out hundreds of
thousands of Hindu Kashmiri Pandits from the region. Following the rise of rapes by the Indian
armed forces and militants, HRW has submitted that the victims of raper suffer ostracism and
there is a "code of silence and fear" that prevents people from reporting such abuse. According
to the HRW, the investigation of case of rape by Indian forces and militants is difficult because
many Kashmiris are reluctant to discuss it for the fear of violent reprisals.
Northeast India
Human rights groups allege that the Indian armed forces under the protection of the Armed
Forces (Special Powers) Act, 1958 have carried out a large amount of rapes in
the Nagaland, Assam and Manipur provinces. Karlsson writes that there are reports that much
of the violence against civilians, including sexual assault, is inflicted by the rebel groups and
armed criminal gangs in the region.
Uttar Pradesh
There is wide discrepancy among reports of rape and sexual assault. For example, according
to the People's Union for Civil Liberties (PUCL), the majority of those assaulted in 2007 were
poor women from remote areas and Dalits. SR Darapuri of the PUCL alleged, "I analyzed the
rape figures for 2007 and I found that 90% of victims were Dalits and 85% of Dalit rape victims
were underage girls." Darapuri allegations do not match with the data compiled by National
Crime Records Bureau of India, which found 6.7% of rape and sexual assault victims were
Dalits in 2007, where nearly 16% of Indian population is classified as Dalit. There were 391
cases of rape of Dalit victims reported in Uttar Pradesh in 2013 or about 1 per 100,000 Dalits
in the state of about 200 million people (21% of which is classified as Dalit).
Tourist advisories
Rape cases against internationals have led several countries to issue travel advisories that
"women travellers should exercise caution when travelling in India even if they are travelling
in a group; avoid hailing taxis from streets or using public transport at night, and to respect
local dress codes and customs and avoid isolated areas".
In March 2013, a Swiss couple who were cycling from Orchha to Agra, decided to camp for a
night in a village in Datia District. There they were physically assaulted by eight locals, robbed,
the man was overpowered and tied up, while the 39-year-old woman was gang-raped in front
of her husband at the village.
The Swiss government issued a travel advisory in 2013 about the "increasing numbers of rapes
and other sexual offences" happening in India.
The news coverage of the rapes and updated travel advisories have worried Indian tourism
industry. Some media reports stated that high-profile rape cases had led to tourist numbers to
drop 20 to 30 per cent compared to previous year. The Assocham agency found that of 1200
businesses surveyed more than 70% reported cancellations by female tourists from Britain,
Canada, the U.S. and Canada along with a 25% decline overall. However, tourist arrivals in
India increased from 6.5 million arrivals in 2012 to 6.8 million arrivals in 2013. Tourist arrivals
in 2014 observed another 10% increase over 2013 levels.
In January 2015, the Tourism Ministry of India introduced emergency helplines for female
tourists. The Indian government announced in April 2015, that tourists are now being given a
"welcome card" by the immigration officer on arrival with resources to ensure their safety, that
GPS-embedded tracking system are being introduced in all taxis and for tourists who want it,
and tourist helplines in 12 foreign languages have been instituted.
In a non-tourism related case, Russia issued travel advisory to its citizens after a Russian
national was raped in December 2009. The case was widely covered after a member of Indian
parliament Shantaram Laxman Naik blamed the victim and the media for overemphasising the
Russian rape case after, "she was raped by a state politician in his car after they had dinner
together". Naik was criticised by leaders of Indian political parties such as CPI-M, BJP and SP
for blaming the rape victim and media.
Legal response
The Indian law prior to the Nirbhaya Incident took into account only acts of penile-vaginal
intercourse within the definition of rape and forcible acts of penetration of vagina, mouth,
urethra or anus through penis or an inanimate object did not fall within the definition of rape.
A large number of rapists would be let-off because there was no law to punish such acts. The
definition was expanded in 2013 to consider rape as any acts like penetration by penis, or any
object or any part of body to any extent, into the vagina, mouth, urethra or anus of a woman or
making her to do so with another person or applying of mouth to sexual organs without the
consent or will of the woman constitutes the offence of rape.
The section has also clarified that penetration means "penetration to any extent", and lack of
physical resistance is immaterial for constituting an offence. Except in certain aggravated
situation the punishment will be imprisonment not less than seven years but which may extend
to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment
will be rigorous imprisonment for a term which shall not be less than ten years but which may
extend to imprisonment for life, and shall also be liable to fine. Section 53A of the Code of
Criminal Procedure of the Indian law lays down certain provisions for medical examination of
the accused. Section 164A of the Code of Criminal Procedure deals with the medical
examination of the victim.
The revised statutes of 2013 Indian law, in section 376A, mandates minimum punishment in
certain cases. For instance, if the sexual assault inflicts an injury which causes death or causes
the victim to be in a persistent vegetative state, then the convicted rapist must be sentenced to
rigorous imprisonment of at least twenty years and up to the remainder of the natural life or
with a death penalty."[71][18] In the case of "gang rape", the same mandatory sentencing is now
required by law.[18] The convicted is also required to pay compensation to the victim which
shall be reasonable to meet the medical expenses and rehabilitation of the victim, and per
Section 357 B in the Code of Criminal Procedure. Death penalty for the most extreme rape
cases is specified.
The 2013 law also increased the age of consent from 16 years to 18 years, and any sexual
activity with anyone less than age of 18, irrespective of consent, now constitutes statutory rape.
The new law has made it mandatory for all government and privately run hospitals in India to
give free first aid and medical treatment to victims of rape.
On 3 November 2015 the Allahabad High Court observed that a child born out of rape will
have inheritance rights over the property of the assaulter and will be treated as
illegitimate, however if the child is taken for adoption then he/she will not have any rights on
the property of the biological father.
Fast track courts
As a result of the 2012 Delhi gang rape case, the Indian government implemented a fast-track
court system to rapidly prosecute rape cases. The fast-track court system has been welcomed
by some, but their fairness questioned by legal experts and scholars. The legal scholars state
that the fast-track courts may not be fair in an impoverished country where millions of cases
are backlogged, and there are an average of just 14 judges per million people - among the
lowest in a United Nations study of 65 nations. Fast track courts divert limited judicial
resources and add delays to prosecution of other crimes. They noted that Delhi state had
instituted five fast-track courts in 2013 to handle rape cases, but there are no fast-track courts
for murder. Mrinal Satish, of New Delhi's National Law University said, "there is a risk that in
this emotional response and clamor for immediate justice, we could end up putting innocent
people in prison".
Convictions
The conviction rate for rapes has fallen at a steep rate over the past 40 years. The conviction
rates for Rape cases in India were 44.3 percent in 1973, 37.7 percent in 1983, 26.9 percent in
2009, 26.6 percent in 2010, 26.4 percent in 2011, 24.2% in 2012 and 27.1% in 2013.
India’s conviction rate is higher than developed countries, such as the United Kingdom, which
recorded a conviction rate of 7% in 2011-12. The conviction rate as low as 10% in Sweden and
25% in France.
Marital rape
Marital rape is not a criminal offense within Indian legal framework, except during the period
of judicial separation of the partners. In the 1980s, women's rights groups lobbied for marital
rape to be declared unlawful, as until 1983, the criminal law (amendment) act stated that
"sexual intercourse by a man with his own wife, the wife not being under fifteen years of age
is not rape". The government officials argued that the contract of marriage presumes consent
to sex and that criminalising marital rape in turn would weaken family values in India.[80]
The Section 375 of the Indian Penal Code (IPC) considers the forced sex in marriages as a
crime only when the wife is below 15. Thus, marital rape is not a criminal offense under
IPC.[83] The marital rape victims have to take recourse to the Protection of Women from
Domestic Violence Act 2005 (PWDVA). The PWDVA, which came into force in 2006,
outlaws marital rape, as well as other forms of domestic violence.[85] However, it offers only
a civil remedy for the offence.
Earlier, in May 2014, an Indian court ruled that marital rape was not illegal in India. This
particular case focused on the culprit, Vikash, who allegedly got a girl intoxicated, raped her
and fled. It ignited a number of protests in which the citizens argued that the ruling "highlighted
the failure of Indian law to protect the majority of women in the country". The culprit hid
behind the outdated legislation to get away with a crime.
Education programmes
In February 2017, the Ministry of Health and Family Welfare unveiled resource material
relating to health issues to be used as a part of a nationwide adolescent peer-education plan
called Saathiya. Among other subjects, the material discusses relationships and consent. The
material states, "Yes, adolescents frequently fall in love. They can feel attraction for a friend
or any individual of the same or opposite sex. It is normal to have special feelings for someone.
It is important for adolescents to understand that such relationships are based on mutual
consent, trust, transparency and respect. It is alright to talk about such feelings to the person
for whom you have them but always in a respectful manner. ... Boys should understand that
when a girl says 'no' it means no."
CHAPTER VI
CONCLUSION
Child sexual abuse became a public issue in the 1970s and 1980s. Prior to this point in time,
sexual abuse remained rather secretive and socially unspeakable. Studies on child molestation
were nonexistent until the 1920s and the first national estimate of the number of child sexual
abuse cases was published in 1948. By 1968 44 out of 50 U.S. states had enacted mandatory
laws that required physicians to report cases of suspicious child abuse. Legal action began to
become more prevalent in the 1970s with the enactment of the Child Abuse Prevention and
Treatment Act in 1974 in conjunction with the creation of the National Center for Child Abuse
and Neglect. Since the creation of the Child Abuse and Treatment Act, reported child abuse
cases have increased dramatically. Finally, the National Abuse Coalition was created in 1979
to create pressure in congress to create more sexual abuse laws.
Second wave feminism brought greater awareness of child sexual abuse and violence against
women, and made them public, political issues. Judith Lewis Herman, Harvard professor of
psychiatry, wrote the first book ever on father-daughter incest when she discovered during her
medical residency that a large number of the women she was seeing had been victims of fatherdaughter incest. Herman notes that her approach to her clinical experience grew out of her
involvement in the civil rights movement. Her second book Trauma and Recovery coined the
term complex post-traumatic stress disorder and included child sexual abuse as a possible
cause.
In 1986, Congress passed the Child Abuse Victims' Rights Act, giving children a civil claim in
sexual abuse cases. The number of laws created in the 1980s and 1990s began to create greater
prosecution and detection of child sexual abusers. During the 1970s a large transition began in
the legislature related to child sexual abuse. Megan's Law which was enacted in 1996 gives the
public access to knowledge of sex offenders nationwide.
Anne Hastings described these changes in attitudes towards child sexual abuse as "the
beginning of one of history's largest social revolutions.
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