Rape - Medical point of view.

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RAPE


Note: This post is only for educative purposes and giving the information regarding the legal aspect of RAPE. Please do not take it lightly because it is a sensitive subject and a very difficult one for all of the citizens of the country as well as the rest of the world. Hope you will learn something important from this post.
Also, this post might be disturbing for someone who are sensitive. Reading is not advised for such people, but if they want to read no problem (but still read at your own safety).

RAPE, A condition which is psychologically more devastating than the physical damages done. It is a crime of highest order inflicted on the human body.

To understand rape, we must know about various types of unnatural sexual offences or practices carried out, just to get sexual satisfaction.

Unnatural Sexual methods are those which involve any other interaction other than natural peno-vaginal route.

These are some of the unnatural sexual perversions which are done in order to obtain sexual satisfaction.


Sadism - AKA Alolangia. It means sexual satisfaction obtained by inflicting pain/torture to others.

Masochism  - Sexual satisfaction obtained by inflicting pain/torture to oneself.

BDSM (Bondage and Discipline, Sadism, Dominanace and Masochism)  - A combination of above two, i.e. Sadism and Masochism.

Necrophilia -  Sexual satisfaction obtained after having intercourse with dead body.

Necrophagia - Sexual satisfaction obrained after eating a dead body.

These both are punishable under 297 IPC and upto 1 year of imprisonment.

Frotteurism - Sexual satisfaction obtained by rubbing one's genitals against the opposite sex in public.

Pyromania  - Sexual satisfaction obtained by setting someone on fire.

Playing with bagpipes - Sexual satisfaction obtained by having sexual activity in armpit.

Bobbit syndrome - Female partner amputates (or cuts off) penis of her male partner for sexual satisfaction.

Lust murder -  Receives sexual satisfaction by killing the partner post sexual activity.

Lesbianism  - The active partner is called as Butch/Dyke, and receiving partner is called as Femme. This is punishable under section 377 IPC since 2018 if, homosexuality with animals and/or children is done without consent. Also any sexual activity with animal is punishable and there are instances when cases like these are reported. This is called as Beastiality.

RAPE- Section 375 of IPC defines rape.

There are 2 definitions of rape. One is legal definition (sec 375 IPC) and other one is medical definition.

375 IPC- Rape is inserting penis/penis like objects into the vaginal/anal/urethral parts of the female, which is natural and unnatural. It includes against the will, without consent, with consent but out of fear, fraud, intoxication or age is less than 18 years, constitutes rape. 

Rape/sex less than 18 years of age is called as Statutory rape.

Medical definition - Slightest penetration of the vulva constitutes rape. Hymen rupture or semen discharge or complete penetration is not necessary (a slightest penetration means even if the tip of glans is in contact with the vulva or inside meeting the above definition stated by the law; i.e. with consent, without consent, against her will, etc).

But the sad part is in India, only females are considered to be raped and there is no such definition or proper law for rape against men.

In countries like Italy, France, Germany, rape constitutes both, male and female.

Punishment - 

Under section 376 of IPC, rape is punished under 5 sub sections.

376A - If victim is in coma or in vegetative state, minimum punishment is life imprisonment and may be even sentenced to death.

376B - If intercourse happens between husband and wife who are divorced, punishment can be upto 2-8 years of imprisonment.

376C - If forceful sexual intercourse done by the people in charge, i.e. police, hospital staff, public servant, medical supritendent, it accounts for custodial rape with 5-10 years of imprisonment.

376D - Gang Rape with punishment of more than 20 years of imprisonment or life imprisonment.

376E - Repeated Gang rape or excessively heinous rape, Capital punishment (Hanging is captial punishment in INDIA) or life imprisonment.

Other than these, if the medical personnel fail to give treatment for the victim it is punishable under 166B IPC. Thus the treatment of the victim is most important part.

Also if the police fails to report the case or file an FIR it is punishable under section 166A IPC.



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