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RAPE & OTHER SEXUAL OFFENCES, with or without her consent: when she is…
RAPE & OTHER SEXUAL OFFENCES
UNDERSTANDING ON
RAPE OFFENCES
Rape is the offences against (one’s) person.
Not all sexual intercourse would amounted to rape offences
To constitute rape offences, there shall be penetration by the male
sexual organ to female sexual organ without the woman’s consent.
Mere ejaculation or trace of semen does not indicate rape offences
Actus Reus : The act of Penetration
Mens Rea : Intention
LEGAL ISSUES PERTAINING TO SEXUAL OFFENCES
Gender : Man, Woman, Transwoman, Ladyboy, Shemale, Khunsa
Numbers of Accused Person & Victims
Publishing nude pictures and sex tape videos
Sex Doll Brothels
Pre-sex actions/actus reus
Non-normal sex : Against the nature (same-sex sexual intercourse), Buggery
Outrage Modesty
Public Flasher/Nudity
Child Sex/Child Grooming/Statutory Rape
Swap partners/Swing Culture
Red Light District
BDSM
SEXUAL OFFENCES COVERED UNDER PENAL
CODE (S.370 – S.377E PC)
MARITAL RAPE – S. 375A
GANG RAPE
INCEST – S. 376A
UNNATURAL OFFENCES :
A – BUGGERY WITH ANIMAL – S. 377
B – CARNAL INTERCOURSE AGAINST THE ORDER OF NATURE – S. 377A – S. 377C
C – OUTRAGES ON DECENCY – S. 377D
D – INCITING A CHILD TO AN ACT OF GROSS INDECENCY – S. 377E
E – SLAVE (SEX) – S. 370
F – PROSTITUTION / BROTHELS – S. 372 - 373
SECTION 375 PC : LIMB OF RAPE OFFENCE
Against of her will / without of her consent
with her consent : fear of death/ hurt to herself/ misconception of fact and the man knows or
has reason to believe that the consent was given in consequence of such misconception;
with her consent: given because she believes that he is her husband
with her consent: she is unable to understand the nature and consequences of that to which
she gives consent;
with her consent: by using his position of authority over her/ professional relationship/ other
relationship of trust
with or without her consent: when she is under sixteen years of age (statutory rape)
with or without her consent: when she is under sixteen years of age (statutory rape)