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CRIMINAL LAW 1
TOPIC:- TYPES OF RAPE

By
Kiran R
Second year BBA. LL.B

To
Ms. Nupur Khanna

Date: 2 june 2021

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DECLARATION

I hereby declare that the assignment submitted is an original work except

from the source material explicitly acknowledged.

I further declare that this piece of work has not been submitted for
another purposes to any other colleges.

Bengaluru KIRAN R
Date:02 JUNE 2021
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CERTIFICATE

This is to certify that kiran from BBA.LLB, a student of Christ Academy

Institute of Law (CAIL) has successfully completed the assignment on the
company “types of rape” under the guidance of our Teacher Ms. Nupur Khanna
under the direction of Karnataka State Law University (KSLU).

Bengaluru Asst. Prof. Swarnalatha

Date
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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Ms. Nupur

Khanna as well as our Principal Rev Fr. Dr. Davis Panadan who gave me the golden
opportunity to do this wonderful project on the topic “types of rape”, which also helped
me in doing a lot of Research and I came to know about so many new things I am really
thankful to them.

Secondly, I would also like to thank my friends who helped me a lot in finalizing this
project within the limited time frame.

KIRAN

BENGALURU
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TABLE OF CONTENT

No Contents Page No

1 Introduction 6

2 Contents 7

3 Case law 14

4 Suggestions 16

5 Conclusion 17
6 Bibliography 18
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Introduction

Rape is a unlawful sexual activity, most often involving sexual intercourse, against the will of
the victim through force or the threat of force or with an individual who is incapable of
giving legal consent because of minor status, mental illness, mental deficiency, intoxication,
unconsciousness, or deception. In many jurisdictions, the crime of rape has been subsumed
under that of sexual assault. Rape was long considered to be caused by unbridled sexual
desire, but it is now understood as a pathological assertion of power over a victim.

Rape is defined in most jurisdictions as sexual intercourse, or other forms of sexual

penetration, committed by a perpetrator against a victim without their consent. The definition
of rape is inconsistent between governmental health organizations, law enforcement, health
providers, and legal professions. It has varied historically and culturally. Originally, rape had
no sexual connotation and is still used in other contexts in English. In Roman law, it
or raptus was classified as a form of crimen vis, "crime of assault". Raptus referred to the
abduction of a woman against the will of the man under whose authority she lived, and sexual
intercourse was not a necessary element.

Health organizations and agencies have also expanded rape beyond traditional definitions.
The World Health Organization (WHO) defines rape as a form of sexual assault, while
the Centers for Disease Control and Prevention (CDC) includes rape in their definition of
sexual assault; they term rape a form of sexual violence. The CDC lists other acts of coercive,
non-consensual sexual activity that may or may not include rape, including drug-facilitated
sexual assault, acts in which a victim is made to penetrate a perpetrator or someone else,
intoxication where the victim is unable to consent (due to incapacitation or being
unconscious), non-physically forced penetration which occurs after a person is pressured
verbally (by intimidation or misuse of authority to force to consent), or completed or
attempted forced penetration of a victim via unwanted physical force (including using a
weapon or threatening to use a weapon). The Veterans Health Administration (VHA) has
implemented universal screening for what has been termed "military sexual trauma" (MST)
and provides medical and mental health services free of charge to enrolled veterans who
report MST.

Motives
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No single facet explains the motivation for rape; the underlying motives of rapists can be
multi-faceted. Several factors have been proposed: anger, power, sadism, sexual gratification,
or evolutionary proclivities. However, some factors have significant causal evidence
supporting them. American clinical psychologist David Lisak, co-author of a 2002 study of
undetected rapists, says that compared with non-rapists, both undetected and convicted
rapists are measurably more angry at women and more motivated by a desire to dominate and
control them, are more impulsive, disinhibited, anti-social, hypermasculine, and less
empathic. 1

Sexual aggression is often considered a masculine identity characteristic of manhood in some

male groups and is significantly correlated to the desire to be held higher in esteem among
male peers. Sexually aggressive behavior among young men has been correlated with gang or
group membership as well as having other delinquent peers.

Gang rape is often perceived by male perpetrators as a justified method of discouraging or

punishing what they consider as immoral behavior among women for example wearing short
skirts or visiting bars. In some areas in Papua New Guinea, women can be punished by public
gang rape, usually through permission by elders.

Gang rape and mass rape are often used as a means of male bonding. This is particularly
evident among soldiers, as gang rape accounts for about three quarters or more of war
rape while gang rape accounts for less than a quarter of rapes during peacetime. Commanders
sometimes push recruits to rape, as committing rape can be taboo and illegal and so builds
loyalty among those involved. Rebel groups who have forced recruitment as opposed to
volunteer recruits are more involved in rape as it is believed the recruits start with less loyalty
to the group. In Papua New Guinea, urban gangs such as Raskol gangs often require raping
women for initiation reasons.2

Perpetrators of sex trafficking and cybersex trafficking allow or carry out rape for financial

gain and or sexual gratification. Rape pornography, including child pornography, is created
for profit and other reasons There have been instances of child sexual abuse and child rape
videos on Porn hub.

Effects

1
Oliva, Janet R. Sexually Motivated Crimes
2
Petty GM, Dawson B (1989). "Sexual aggression in normal men: incidence, beliefs and personality
characteristics"
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The WHO report describes the consequences of sexual abuse:3

 Gynecological disorders
 Reproductive disorders
 Sexual disorders
 Infertility
 Pelvic inflammatory disease
 Pregnancy complications
 Miscarriage
 Sexual dysfunction
 Acquiring sexually transmitted infections, including HIV/AIDS
 Mortality from injuries
 Increased risk of suicide
 Depression
 Chronic pain
 Psychosomatic disorders
 Unsafe abortion
 Unwanted pregnancy 
Types of rape

 Date rape
 Gang rape
 Spousal rape
 Rape of children
 Statutory rape
 Prison rape
 Serial rape
 Payback rape
 War rape
 Rape by deception
 Corrective rape

3
Who report
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 Custodial rape
Date rape

Date rape is a form of acquaintance rape and dating violence.Date rape specifically refers to

a rape in which there has been some sort of romantic or potentially sexual relationship
between the two parties4. Acquaintance rape also includes rapes in which the victim and
perpetrator have been in a non-romantic, non-sexual relationship, for example as co-workers
or neighbors.

Since the 1980s, date rape has constituted the majority of rapes in some countries. It is
particularly prevalent on college campuses, and frequently involves consumption
of alcohol or other date rape drugs. The peak age for date rape victims is from the late teens
to early twenties.

Motivation

Date rape results from a combination of personality and situational factors. These factors
consider the background and personality of rapists as well as social-psychological factors
related to the situation.

Date rapists are egocentric and lack empathy toward their victims. They may justify their
actions by blaming their victims for being a tease or wasting their time and money on the
date. Many date rapists do not interpret their actions as rape. The common belief that their
victim actually enjoyed the rape is a sign of the rapist’s distorted perceptions and lack of
empathy for their victims.

Punishment

Those convicted of rape, date or otherwise, are normally looking at multiple years in prison
and hefty fines. Sexual assault penalties can increase in cases of multiple rapes or aggravated
rape. Victims of rape can also file civil lawsuits against their rapists.

Gang rape

Gang rape, also called serial gang rape, group rape, is the rape of a single victim by two or
more violators (typically at least three). Gang rapes are forged on shared identity of the same
religion, ethnic group, or race. There are multiple motives for serial gang rapes, such as for

4
Humphreys, Terence Patrick (1993). Gender differences in the perception of rape: The role of ambiguity
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sexual entitlement, asserting sexual prowess, war, punishment, and targeting another

race, ethnic group or religion.56

Motives

Sexual entitlement and entertainment

motives for rape were sexual entitlement and seeking of entertainment. Associated factors in
the crime included alcohol misuse, poverty, personal history of childhood victimization, need
to prove heterosexual performance, dominance over women, and participation in gangs and
related activities.

As an act of war

Gang rapes during civil wars and ethnic riots take added dimension of becoming a means of
revenge, sending a message to the victims' community, inducing fear in the opponent, and
creating a sense of solidarity among the soldiers or militants or the violent group. Major
ethnic conflicts and wars within the last 50 years have witnessed a campaign of gang
rapes Rapes by Soviet soldiers and the Mahmudiyah rape and killings by American
soldiers are examples of such war crimes.

As punishment

in Bangladesh, China, Cambodia, Indonesia, Papua New Guinea, and Sri Lanka found that
the crime was committed for various motives, including as a means to inflict punishment on
the victim. In Argentina and Pakistan, gang rape has been reported to have been ordered as
punishment.

Religious or racial factors

Though having the same race or religion often acts as a binding force for creating a close-knit
serial rape gangs studies reported that 30% of these shared-identity rape gangs specifically
targeted people of another religion or race.

punishment

Section 376 D prescribes punishment for gang rape and says where a woman is raped by a
group of persons, then they shall be punishable with rigorous punishment of not less than 20
years, but may extend to life imprisonment, and with fine Provided that such fine shall be just

5
 Ullman, S.E. (1999). "A Comparison of Gang and Individual Rape Incidents"
6
 Gidycz, C.A.; Koss, M.P. (1990). "A Comparison Of Group And Individual Sexual Assault Victims".
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and reasonable to meet the medical expenses and rehabilitation of the victim. Provided
further that any fine imposed under this section shall be paid to the victim

Spousal 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 or de facto couple without one
spouse's consent. Spousal rape is considered a form of domestic violence and sexual abuse.

 Physical effects include injuries to the vaginal and anal areas, lacerations, soreness,
bruising, torn muscles, fatigue, and vomiting.

 Women who are battered and raped frequently suffer from broken bones, black eyes,
bloody noses and knife wounds.

 Gynecological effects include vaginal stretching, pelvic inflammation, unwanted

pregnancies, miscarriages, stillbirths, bladder infections, sexually transmitted diseases,
HIV, and infertility.

 Short-term psychological effects include PTSD, anxiety, shock, intense fear,

depression and suicidal ideation.

 Long-term psychological effects include disordered sleeping, disordered eating,

depression, intimacy problems, negative self-images, and sexual dysfunction.

Punishment

According to the section, the rapist should be punished with imprisonment of either

description for a term which shall not be less than 7 years but which may extend to life or for
a term extending up to 10 years and shall also be liable to fine unless the woman raped is his
own wife, and is not under 12 years of age.

Child rape
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Child sexual abuse, also called child molestation, is a form of child abuse in which an adult
or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include
engaging in sexual activities with a child (whether by asking or pressuring, or by other
means), indecent exposure (of the genitals, female nipples, etc.), child grooming, and child
sexual exploitation, including using a child to produce child pornography.7

Effects

Psychological

Child sexual abuse can result in both short-term and long-term harm,
including psychopathology in later life. Indicators and effects
include depression, anxiety, eating disorders,  poor self-esteem, somatization, sleep
disturbances, and dissociative and anxiety disorders including post-traumatic stress disorder.

Posttraumatic stress disorder

Child abuse, including sexual abuse, especially chronic abuse starting at early ages, has been
found to be related to the development of high levels of dissociative symptoms, which
includes amnesia for abuse memories.

Physical

Injury

Depending on the age and size of the child, and the degree of force used, child sexual abuse
may cause internal lacerations and bleeding. In severe cases, damage to internal organs may
occur, which, in some cases, may cause death. 8

Infections

Child sexual abuse may cause infections and sexually transmitted diseases. Due to a lack of
sufficient vaginal fluid, chances of infections can heighten depending on the age and size of
the child. Vaginitis has also been reported.

Neurological damage

7
 Courtois, Christine A. (1988). Healing the Incest Wound: Adult Survivors in Therapy

8
Who report
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Research has shown that traumatic stress, including stress caused by sexual abuse, causes
notable changes in brain functioning and development. Various studies have suggested that
severe child sexual abuse may have a deleterious effect on brain development.

Punishment

The Union Cabinet approved an ordinance to allow courts to award death penalty to those
convicted of raping children up to 12 years of age, The criminal law amendment ordinance
seeks to amend the Indian Penal Code (IPC), the Evidence Act, the Code of Criminal
Procedure (CrPC) and the Protection of Children from Sexual Offences (POCSO) Act to
introduce a new provision to sentence convicts of such crimes punishment of death.

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 power9

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. Likewise, systematic
rapes are often employed as a form of ethnic cleansing

Custodial rape

Custodial rape is rape perpetrated by a person employed by the state in a supervisory or

custodial position, such as a police officer, public servant or jail or hospital employee. It
includes the rape of children in institutional care such as orphanages.

Custodial rape has been reported in India, Pakistan, Bangladesh, Malaysia, Sri

Lanka, Iran, Cambodia, Nigeria, Kenya, Zambia and the United States.

Victims of custodial rape are frequently minorities, people who are poor, or low-status,
custodial rape is part of a broader pattern of custodial abuse, which can also
include torture and murder.

punishment
9
Askin, Kelly Dawn (1997). War Crimes Against Women:
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Section 166-A was inserted in IPC which punished the public servant with rigorous
imprisonment of minimum 6 months which may extend up to 2 years and shall also be liable
for fine in case they disobeyed the direction of law regulating conducting of investigation or
if they fail to register an FIR concerning a rape .

Case laws

The 2012 Delhi gang rape and murder case involved a rape and fatal assault that occurred on
16 December 2012 in Munirka, a neighbourhood in South Delhi. The incident took place
when Jyoti Singh, a 23-year-old female physiotherapy intern, was beaten, gang-raped,
and tortured in a private bus in which she was travelling with her male friend. There were six
others in the bus, including the driver, all of whom raped the woman and beat her friend.
Eleven days after the assault she was transferred to a hospital in Singapore for emergency
treatment but died two days later. All the accused were arrested and charged with sexual
assault and murder. Accused went on trial in a fast-track court, the prosecution finished
presenting its evidence on 8 July 2013. The juvenile was convicted of rape and murder and
given the maximum sentence of three years' imprisonment in a reform facility, as per
the Juvenile Justice Act. On 10 September 2013, the four remaining adult defendants - Pawan
Gupta, Vinay Sharma, Akshay Thakur and Mukesh Singh (Ram Singh's brother) - were found
guilty of rape and murder and three days later were sentenced to death by hanging. The four
adult convicts were hanged on 20 March 2020.1011

Mathura rape case

The Mathura case is also well known as Mathura rape case in India . It was an incident of
custodial rape in India on 26 March 1972, wherein Mathura, a young tribal girl, was allegedly
raped by two policemen on the compound of Desaiganj Police Station in Gadchiroli district
of Maharashtra. After the Supreme Court acquitted the accused, there was public outcry and
protests, which eventually led to amendments in the Indian Rape Law via The criminal law
Amendment Act , 1983.12

10
 "Delhi gangrape: Chronology of events". The Hindu. New Delhi. 31 August 2013. 

11
Indian kanoon
12
Tuka Ram And Anr vs State Of Maharashtra on 15 September, 1978
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Facts: Mathura was a 16 years old orphan tribal ( Adivasi )girl living with one of her two
brothers. Mathura occasionally worked as a domestic helper with a woman named Nushi .She
met Nushi's nephew named Ashok who wanted to marry her, but her brother did not agree to
the union and went to the local police station to lodge a complaint on 26th March 1972 ,
alleging that Mathura, a minor ,was kidnapped by Nushi, her husband Laxman and Ashok.
The report was recorded by Head Constable Baburao. After receiving the complaint, the
police authority brought Ashok and his family members to the police station. Following
general investigation, Mathura, her brother, Ashok, and his family members were permitted
to go back home. However, as they were leaving, Mathura was asked to stay behind while her
relatives were asked to wait outside.Mathura was then raped by the two policemen and when
her relatives and the assembled crowd threatened to burn down the police chowky, the two
accused policemen, Ganpat and Tukaram, reluctantly agreed to file a panchnama (legal
recording of evidence). 13

Judgement

The case came for hearing on 1 June 1974 in the sessions court. The judgment returned found
the defendants not guilty. It was stated that because Mathura was 'habituated to sexual
intercourse', her consent was voluntary; under the circumstances only sexual intercourse
could be proved and not rape and the statement was also supported by medial report
submitted by Dr. Kamal shastrakar who examined Mathura and said there were no signs that
showed that the girl was forced. And therefore charges were removed and the two accused
police constables were acquitted. Again on appeal, the Nagpur Bench of the Bombay High
court set aside the judgment of the Sessions Court, and sentenced the accused to one and five
years’ imprisonment respectively. The Court held that passive submission due to fear induced
by serious threats could not be construed as consent or willing sexual intercourse. However,
in September 1979 the Supreme Court of India’s justices Jaswant Singh, Kailasam and
Koshal in their judgement on Tukaram vs. State of Maharashtra reversed the High Court
ruling and again acquitted the accused policemen. The Supreme Court held that Mathura had
raised no alarm; and also that there were no visible marks of injury on her body thereby
suggesting no struggle and therefore no rape.The judge noted, "Because she was used to sex,
she might have incited the cops (they were drunk on duty) to have intercourse with her.

13
Basu, Moni (8 November 2013). "The Girl Whose Rape Changed A Country"
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Legal reforms

Legal Reforms: The Criminal Law (2nd Amendment) Act , 1983

1. This amendment Act made a statutory provision in the face of Section 114 (A) of the
Evidence Act made 25 December 1983, which states that if the victim says that she did not
consent to the sexual intercourse, the Court shall presume that she did not consent (as a
rebuttable presumption of law ).

2. Section 376 ( Punishment of Rape under Indian Penal Code ) underwent a change with the
enactment and addition of Section 376(A), Section 376(B), Section 376(C), Section 376(D)
IPC , which made custodial rape punishable (which were further amended in 2013 after
Nirbhaya Rape Case).

3. Besides defining custodial rape, the amendment shifted the burden of proof from the
accuser to the accused once intercourse was established; it also added provisions for incamera
trials, the prohibition on the victim identity disclosure and tougher sentences.

Suggestions

1. Should Support and believe survivors of sexual violence.

2. Should Bring awareness and challenge victim-blaming statements.
3. Consent is mandatory and every sexual interaction you have must be consensual--no
excuse. Educate yourself on what it means to get and give consent.
4. Should Build and engage in healthy, respectful relationships.
5. Should Pledge to never commit or condone any acts of violence.
6. Should Think critically about how the media depicts sexuality.
7. Take a self-defense class. mind, voice and your body are powerful tools for
prevention.
8. Teach your children, friends, parents and peers about the myths and realities of sexual
assault.
9. Make Donate your time or money to your local rape crisis center.

CONCLUSION
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An overview of the crimes clearly indicates that most of the crimes against women cut across
all barriers of religion, caste or social strata. Education and economic independence rarely
increases the moral courage of the victim to fight against the crimes especially those crimes
which have a social stigma attached to them. The gender biasness, the patriarchal society,
poorly developed shelter, lack of space, lack of awareness, lack of time by the loved ones,
defective government policies, capitalist kind of society etc. are factors which contribute to
the crimes against women. This is indicative of society’s weakness to protect those who for
various inherent reasons are not able to protect themselves fully and also the fact that we have
males among us who are worse than beasts. It is slur on the noble values and institutions,
which the society so loudly extols. The sexual offences particularly rape are a standing insult
not only to sacred institutions of marriage, sisterhood and motherhood but also to the whole
humanity. In rape, the victim is destroyed and left alive to face the consequences of the
destruction every single day. She has to live her death every single hour, single minute and
single second of her life. The process of law is lengthy, cumbersome and expensive. Delayed
trials due to the heavy back-log of cases and the other delaying tactics of the offender dilute
the case, proofs disappear, and it reduces the chances of victim getting justice. Rape is a very
complex phenomenon which itself has multiple factors involved in the justice delivery
process. For the prevention and control of this evil a combined, coordinated and concerted
efforts are required on the part of police, judiciary, NGOs and common people at large

BIBLIOGRAPHY
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 https://www.lawhandbook.sa.gov.au

 https://www.legal.un.org

 https://www.britannica.com
 Oxford Etymological Dictionary, "Rape".
 International Rape Crisis Hotlines The is a list of International Rape Crisis Hotlines
from Rape Crisis Information