Sexual Harrasment & Rape Cases Lawyer in Delhi / india

Rape is the most morally and physically reprehensible crime in a society, as it is an assault on the body, mind and privacy of the victim. While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female. Rape reduces a woman to an animal, as it shakes the very core of her life. By no means can a rape victim be called an accomplice. Rape leaves a permanent scar on the life of the victim, and therefore a rape victim is placed on a higher pedestal than an injured witness. Rape is a crime against the entire society and violates the human rights of the victim. Being the most hated crime, rape tantamount to a serious blow to the supreme honour of a woman, and offends both, her esteem and dignity. It causes psychological and physical harm to the victim, leaving upon her indelible marks.

‘Rape’ under the Indian Penal Code has been divided into two parts under as follows:

1. non-consensual penetration of any orifice (vagina, anus, mouth, urethra) in a woman by a man, OR,
2. non-consensual touching of any orifice with the mouth. This is not restricted to having sex. Forcing a woman to do this to herself, or with someone else, is also rape.

The court will usually decide, if the act of rape has been committed, on the basis if the following grounds:

1. If the Act took place without her consent, or
2. If she had agreed only because she, or someone she knows was in danger, or
3. If she had agreed, because she was under the impression that the accused person is her husband, or
4. If she had agreed, but she was under the influence of drugs, or alcohol, or mentally ill, or
5. If she was under 18 years of age – then it does not matter if she gave consent or not, or
6. If she was in no position to indicate whether she is giving consent or not – for example, if she is unconscious.

Thus, ‘Consent’ plays a very important role here and has been defined as a clear and voluntary communication that the woman agrees to the specific sexual act, which leaves no room for any debate. It also made clear that the absence of any kind of physical injuries is totally immaterial for deciding whether consent was given or not.

Section 375. Defines‘Rape’ as: A man is said to commit “rape” if he—

1. 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
2. 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
3. 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
4. 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:—

First— 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.

Exception 1— A medical procedure or intervention shall not constitute rape.

Exception 2— Sexual intercourse or sexual acts by a man with his own wife, the wife not being underfifteen years of age, is not rape.

The punishment for Rape and other related offences are as under: