Sexual offences

Def: sexual offence can be defined as sexual

intercourse or sexual acts performed with a person or
animal for sexual gratification which is against the
provision of law of the land.
• It can be classified into four types:
i. Natural sex offences
ii. Unnatural sex offences
iii. Sexual perversions
iv. Other sex-linked offences.

1. Natural sex offence:

- Def: It includes those offences which are
committed in order of nature, i.e. by penetration
of the vagina (female organ) by the penis (male
organ).
- Examples of natural sex offences:
1. Rape
2. Intercourse by a man with his wife during
separation.
3. Intercourse by a public servant with a woman in
his custody, not amounting rape.
4. Intercourse by the superintendent of jail, remand
home etc, with a female inmate of same place, not
amounting rape.
5. Intercourse by any member of management staff
of hospital with any woman in hospital, not
amounting rape.
6. Adultery
7. cohabitation by a man deceitfully inducing a belief
of future marriage.
8. Incest: this is not an offence in India. It a sexual
relationship with own blood relative.

• Rape:
Def: Rape is an unlawful sexual intercourse by a man
with a woman and is defined under Sec. 375 IPC.
- A man is said to commit rape, when he has sexual
intercourse with a woman:
i. Against her will
ii. Without her consent
iii. With or without consent, when she is under 16
years of age.
iv. With her consent when:
- It has been obtained by putting her or any person
she is interested, in fear of death or hurt.
v. With her consent by intoxication or administration
by him or through other by stupefying agent and
consequences of it she gave consent. (date rape
drug like Rohyprol are popular in USA by mixing it
with her drink).
• Any degree of penetration is sufficient for sexual
intercourse said to be offence of rape.
• As in provided in other countries, in India also it is
believed that sexual intercourse with his own wife,
with or without her consent is also considered as rape.
But due to socio familial culture it is not considered
under section of IPC.

• Punishment for rape:

- It is considered under section 376 IPC.
i. Punishment for rape may extend from 7 years to life
imprisonment and also fine. If the woman raped is his
wife and is not under 18 years, the imprisonment may
extend to 2 years with/without fine.
ii. Whoever commits rape, being a police officer,
public servant, the management or the staff of a jail
or a hospital, on a woman knowing to be pregnant,
or on a girl below 12 years, or commits gang rape, is
punished with rigorous imprisonment of not less
than 10 years or life imprisonment and also fine.
• General consideration:
- There is no age limit of rape of victim and accused.
- Exception: Sexual intercourse by a man with his wife
(even against her will) is not rape, if she is more than
15 years of age.
- Rape can be committed on elderly woman.
- Law specifically excludes age of accused when is
charged for rape.
- A child under 8 yr age doesn’t have specific desire
or erection for intercourse but a child of 11 yr age
may have that criteria.
- For committing rape one need not to be potent as
even a slight penetration of vulva by penis is
considered as rape.
- Difference between against will and without her
consent.
• Types of rape:
1.Custodial rape: Rape of a woman by persons who
are in position of authority, e.g. police officers, jail
warden or hospital staff and who abuse their
position to commit the offence, when the woman is
under their custody/care.
2. Gang rape (pack rape): When more than one
person rapes a woman, each one is deemed to have
committed gang rape.
3. Statutory rape: It is the crime of having sexual
intercourse with a girl under the age of consent. In
India, the age of consent is 16 years (not being his
wife).
4. Date rape: it occurs between two person who know
each other. They include rapes of co-workers,
schoolmates, family, friends, teachers and other
acquaintances, providing they are dating. where the
rapist intentionally drugs the victim with a date rape
drug so that they are incapacitated.
5. marital/spouse rape: Spousal rape also known as
marital rape, wife rape, husband rape, partner rape
or intimate partner sexual assault (IPSA), is rape
between a married couple without one spouse's
consent. Spousal rape is considered a form
of domestic violence and sexual abuse.
6. Child rape: When committed by a parent or other
close relatives such as grandparents, aunts and uncles.
When a child is raped by an adult who is not a family
member but is a caregiver or in a position of
authority over the child, such as school teachers,
religious authorities, sports trainers (coaches) or
therapists, to name a few, on whom the child is
dependent.
7. Prison rape: rape by the inmates or the staff of
prison.
8. Serial rape: Serial rape is rape committed by a
person over a relatively long period of time and
committed on a number of victims. Most times this
type of rapist is unknown to the victim and follows a
specific and predictable pattern of targeting and
9. Payback rape: "Payback rape", also called
"punishment rape" or "revenge rape", is a form of
rape specific to certain cultures, particularly
the Pacific Islands. It consists of the rape of a
female, usually by a group of several males, as
revenge for acts committed by members of her
family, such as her father or brothers.
10. War rape: War rapes are rapes committed by
soldiers, other combatants or civilians during armed
conflict or war, or during military occupation. It also
covers the situation where girls and women are
forced into prostitution or sexual slavery by an
occupying power.
- During war, rape is often used as a means
of psychological warfare in order to humiliate the
enemy and undermine their morale. Rapes in war
are often systematic and thorough, and military
leaders may actually encourage their soldiers to
rape civilians.
11. Rape by deception: Rape by deception occurs
when the perpetrator gains the victim's agreement
through fraud.