Acquaintance Rape in India

ACQUAINTANCE RAPE NAME- JYOTIKA SHARMA

INTRODUCTION Rape is the fourth common crime against women in India which is increasing day by day in our country. Rape stands for sexual intercourse by men with women forcefully and without her consent. if women consent is not present in physical intercourse it is called Rape. Not only women s the criminals didn t see the age of the victim they physically torture them to fulfill their sexual needs for which she has to suffer this torture. There are many things which affect the life of the victims like they can t live a normal life as they previously live ,they can t face the society, their family members also have to face the society but they will not treat as they previously do there are many things which has been changed just because of this crime. The offender doesn t think about all these things instead this they are still doing this horrible crime with minor girls and women. According to National Crime Research Bureau there are increasing rate of rape in India from last few years which is not good for our society and our nation too

DEFINITION According to Indian Penal Code definition of Rape section 375 stands for- a man is said to commit Rape if he 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 Inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of woman or makes her to do so with him or any other person; or 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 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 himself to be lawfully married. Fifthly- with her consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through any other of any stupefying or wholesome 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

ACQUAINTANCE RAPE Stand for the rape done by known or nearby person it includes forced manipulated or coerced sexual contact. Nowadays many cases we had seen in the news such are - the father raped his daughter, the uncle, or the brother. In short, they can be from our family members, from the neighborhood, or the victim dating with someone, co- worker, employer, spouse, therapist or medical Doctor. Many cases arose just because of the mentality of the criminals what they think, their living background, some are not well educated and most of them are illiterate which is the main reason of crime. If peoples are educated then they will think before they do such type of act. There are many cases in which victims are infants or 2-3 years old girls (minor girls) even they can be 80+ years old ladies. The criminals don t see the age caste religion even many people thinks that women s wear short dresses that s why they are raped but I don t think so this is the reason because victims wears full clothes or we can say they covered themselves by wearing saree or salwar suit even bourka but still they are victims so, we can say wearing short dresses is not reason the main reason is cheap mentality of criminals. When we read the news, we also shocked at that moment but after few times we forget about that news this is normal human behavior but if we see any news again our anger level increase. What a girl will do if she is not feeling safe in her home, then of course she will not trust anyone if her family member does such act or the person who is closed ones, at office also victims feels uncomfortable to go.

INCREASING RATE OF RAPE According to the (National Crime Records Bureau) NCRB in 93.9% of the cases rape is committed by someone known to the victim. In India many peoples made false promises of marriage and then they refuse to marry after sexual intercourse with women he deny which comes under definition of Rape. 93% of juvenile victims knows the perpetrator. 59% were acquaintance, 39% were family members, 7% were strangers to the victim. 38% of acquaintance rape victims are 14-17 years old.

UNFORGETABLE CASES IN INDIA There are many cases which are unbelievable in which offender do sexual exploitation against women. In India many cases are very famous such are -Aruna shanbaug case 1973, Mathura rape case 1972, Scarlett keeling rape and murder case 2009, park street rape case 2012, Bhanwari devi gang rape case 1992 ( in this case bhanwari devi involved in speaking against child marriage) , Nirbhaya case 2012( which is unforgettable this was one of the most terrifying and heinous crime we ever seen in this case the criminals cross all the limits of cruelty ), Mumbai gang rape 2014, Jisha rape and murder case 2016 and many cases which India will never forget. In 2016 according to NCRB data there are Approx. 106 rape cases per day in year 2016 in India. In most of the cases the offenders are known to the victim or they are neighbor.

In many cases offenders are punishable by the court but there are many cases in which criminals got bail by using their power and money due to which fear is increase in mind of rape victims which is not a good sign but if offenders are punishable by court within time then it will be a sign of good justice. It is true that justice delay but justice didn t deny. As we know in India there are many laws and many acts so there are many cases which court have to deal with. Many cases are unforgettable in India which affect the mind of every citizen many times peoples come on road and demand for justice they will do candle march for victims. they pray for those who murdered by offenders after rape. Peoples anger is genuine because the victim can be any person from their family or their friends that s the main reason for their strike. In crowd there are many peoples and their anger level are on that stage if they found the offenders, they will beat them in front of public. But of course, they can t do so because they can t take law in their hands the only right to punish the criminal is given by court.

There are many cases which is not even filed in court because people have fear of society they think if they file the case then their image will affect but they didn t think about the result after that. Because if they didn t do so then the crime will not stop instead this it will increase more cases because offender is freer now, there is no fear of punishment. So, people don t have to think about all this nonsense they have to trust the law and file the complaint against the criminal so that court may punish the criminal and victim got justice. When rapes are done by known person or by family member or by neighbor then girls or women s will not trust them easily if there is lack of trust then it will affect the family relations. Many cases are acquaintance in last few years which are happened with minor girls and allegedly raped by offenders from 5-10 days and in many cases girls are raped from past 4-5 months these all things whenever I read or saw in news I am really shocked that how can anybody do such a brutal crime with anyone but I mainly think about those victims against whom this crime is done. I want to do my best for those victims so that they will get justice as soon as possible and offender will be punished with at least 10 years imprisonment or life imprisonment for this heinous crime. The offender not only spoil victim life by physically but mainly he affects her mental level. As we know that marks on the body can be cure after some time but marks in mind will not be cured easily it takes time or maybe she can t overcome from this and her family also face many questions by peoples it affects on their mind too which is very crucial time for them.

ROLE OF SOCIALIZATION AND MISCOMMUNICATION There are many ways by which people interact with each other on social media. Many cases increase just because of this socialization. Men and women start communication with each other and man misleads and influence women to do such things which are against her will, many times he tries to manipulate her by doing such things which comes under the definition of acquaintance rape. Many persons have some mind set that if a man do sex with many women s as they can do it will be good for them which is seriously unbelievable, and the other side people tell the women s that they have to protect themselves from such type of mans. Miscommunication also plays an important role in this crime. Many times many things happen with us in our life in which we cant get what the actual meaning of that particular point which leads to miscommunication, when a person communicates something with wrongful intention but we take in good sense this will arose the chances of crime. As we heard that when women s said NO it means YES for them which is there perception.

MOVIES BASED ON RAPE There are many movies and documentaries available online based on rape cases and murder which is very realistic and followed with law rules too. Some of them are Section 375, Mardaani and many more... in these movies the lawyers play their role very effectively and very smartly we can learn practical knowledge from these movies too if we are law students then it will help us to know how the work is done in court room. PUNISHMENT FOR RAPE Section 376 stands for punishment of Rape- Whoever commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than Seven years, but which may extend to Imprisonment for life.

WHAT TO DO IF YOU FACED AQUAINTANCE RAPE Many times many things were happen which results in acquaintance rape and also you are afraid to express your fear with anyone which affects your mental health very much. You have to take reasonable step for overcoming from this fear and try to communicate or talk to your friends or the person whom you trust and tell them about all this so that you can be free from this stress. Victim can also consult the Doctor or psychologist as she may thinks fit. Can join counselling center to overcome from this.

ROLE OF ALCOHOLS AND DRUGS Many cases increase when person taking excessive quantity of alcohol and drugs they are intoxicated by it and in that situation they were commit this crime. According to online survey 75% of mans drunken during this intercourse. Women s are also take drink and during this time they are not in conscious stage so this will happen. People take drink and drugs coz they are habitual of it but they don t know how it can react on it. Drugs are very dangerous for our health and it can cause many crimes.

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