Laws regarding rape

Rape is a type of sexual assault initiated by one or more persons against another person without
that person's consent. The act may be carried out by physical force, or where the person is under
threat or manipulation, or with a person who is incapable of valid consent

Consent is also considered invalid if obtained under duress, or from a person who does not have
the ability to understand the nature of the act, due to factors such as young age, mental
disability, or substance intoxication.

Types of rape

Date rape
used to refer to several types of rape, broadly acquaintance rape, which is a non-domestic rape
committed by someone who knows the victim,and drug facilitated sexual assault (DFSA), where
the rapist intentionally drugs the victim with a date rape drug so that they are incapacitated.

Gang rape
Gang rape occurs when a group of people participate in the rape of a single victim. Rape
involving at least two or more violators (usually at least three) is widely reported to occur in many
parts of the world. Systematic information on the extent of the problem, however, is scant.

Spousal rape
Also known as marital rape, wife rape, husband rape, partner rape or intimate partner sexual
assault (IPSA), is rape between a married or de facto couple

Rape of children
Rape of a child is a form of child sexual abuse. When committed by another child (usually older
or stronger), it is a form of child-on-child sexual abuse

Statutory rape
The offense is often based on a presumption that people under a certain age do not have the
capacity to give consent.
Age of consent
U.S; 18 years old

Malaysia; 16 years old

Africa; ranges from age 12 in Angola to age 20 in Tunisia

U.E.A; illegal

Explaining India's new anti-rape laws

Why change the law?

Reacting to the massive protests that followed the fatal gang rape of a
student in Delhi last December, the government set up a panelheaded by
a retired judge to recommend legal reform and other ways to reduce sexual
violence.

Its report gave many women the audacity to hope that freedom from violence
and constitutional equality would be reclaimed by and for women.

The new law is a combination of just thinking about gender and existing
patriarchal attitudes in society, as well as those ingrained in the colonial
Indian Penal Code of 1860.

It also reflects the government's desire to be seen as tough on crimes against

women.

Instead, most marital rape is still legal, even the rape of a "married" child,
aged between 15 and 18.

Which new crimes are included?

The new laws are closer to addressing violence as women experience it.

New crimes include stalking, which is intimidating and often leads to assault,
even murder.

Acid violence and disrobing, common now in India, are specific crimes.
Voyeurism - spying on a woman when naked or circulating her pictures
without her consent - is a new crime.

The law also expands the definition of rape and says explicitly that the
absence of physical struggle doesn't equal consent.

A major reason such a tiny percentage of crimes against women are reported
is that the police don't let complaints through.

Are the laws tougher?

The word tough can be a red herring: people often think it's about higher
sentencing.

The new laws increase jail terms in most cases, and bring in the death penalty
for a repeat offence of rape, or rape that causes coma.

We don't have comprehensive, long-term studies that measure the effect of

higher sentences on the rate of sexual violence - but evidence from India and
other countries shows that the death penalty is no deterrent to violent crime.

There's also a concern that if sentences are thought of as too harsh by the
judges, the already high acquittal rate in cases of sexual violence will rise
further.

Certain and swift justice is more likely to reduce crime.

Without comprehensive expansion of the criminal justice system it's unclear

how fast rape and assault trials will be, but there's a hopeful amendment in
the Criminal Procedure Code - that trials "as far as possible" be completed
two months from the date of filing charges.

There are fears of false complaints, but the power to prosecute malicious
complaints already exists under law.

Besides, a recent UK study released earlier this month by the Crown

Prosecution Service says false cases of rape and sexual violence are much
rarer than many believe and compromise justice for women who have in fact
been raped, assaulted or harassed.

What about the age of consent?

For about 30 years that age was 16 years. It was increased a few months ago
to 18 years

What do the new laws not cover?

That the new laws only protect women from rape and sexual assault and not
men and transgender people is a major failure.

Marital rape is still legal - unless the couple are separated.

What lies ahead?

It includes police reforms, educational reforms, training of personnel in the

criminal justice system, services such as well equipped rape-crisis centres.

The new amendments are only a start and a law is nothing if it's not enforced;
but you have to have a law first. And for better or for worse, now we do.

Pros and Cons of Statutory Rape Laws?

Pros:

It keeps people from taking advantage of children. The adolescent brain isnt fully developed until
around 18-21. Therefore children are not capable of making the decision to have sex. Even if they
think they want to have sex with someone older, they are less likely to use protection and
contraception and more likely to have unplanned pregnancies, get STD's and have psychological
damage from sexual encounters at a young age. Imagine if it were legal for a teacher to have sex with
a student, that student might become emotionally damaged, and their education would be greatly
effected. It also prevents children from being taken advantage of for things like child pornography.

Cons:

In some states the age of consent is 16. Meaning if two 13 year olds have sex, they are both
breaking the law. This can become a problem when a 15 and 17 year old are dating. The 17 yr old will
get in trouble for statutory rape even though they are both under 18.