Kerala High Court Says When Body Of Woman Is Manipulated To Give The Feeling Of Penetration, It Is Rape

Kerala High Court Says When Body Of Woman Is Manipulated To Give The Feeling Of Penetration, It Is Rape

In India, when it comes to rape, we still are not completely educated enough to know what constitutes rape. There are many things that we overlook and or are indifferent towards. And it is just that attitude that makes our perception of rape very basic. This is not just my point of view, even the Kerala High Court believes it to be true as well. Take the case where the court decided that penetrative sexual act between the thighs of the victim held together is rape.

Recently, on Monday, the Kerala High Court Bench agreed that when the body of a woman is manipulated to evoke a similar sensation as of penetration of an orifice, is also considered to be rape.

The Kerala High Court came to this conclusion when a minor’s case was presented in the court. According to the details of the case,  the minor accompanied by her mother visited a medical camp as the minor was experiencing regular stomach aches. When they were examining her, the minor girl revealed that she was being sexually assaulted by her neighbor six months ago. And when a complaint was filed against the neighbor, they took the hearing of the case before the Trial Court. Seeing all the evidence and statements presented, the Kerala High Court affirmed that it was a rape case as defined by U/S 375 of IPC.

Justice K. Vinod Chandran and Justice Ziyad Rahman A. A of the Kerala High Court Bench stated, “…we have no doubt in our mind that when the body of the victim is manipulated to hold the legs together for the purpose of simulating a sensation akin to penetration of an orifice; the offense of rape is attracted. When penetration is thus made in between the thighs so held together, it would certainly amount to “rape” as defined under Section 375.” 

In fact, the Kerala High Court Bench also observed that “Considering the intention of the legislature, followed by the enactment of Criminal Law Amendment Act, 2013 and gradual evolution of the concept of the offense of “rape” from time to time, the irresistible conclusion is that, the definition of rape as contained in section 375 would take in, all forms of penetrative sexual assault onto vagina, urethra, anus or any other parts of the body so manipulated to get the feeling or sensation of an orifice… It is established from the evidence of PW1 that, the appellant had committed the offense of rape as he had a penetrative sexual act between the thighs of the victim held together; an act of manipulation of the body of the victim to obtain sexual gratification, which culminated in ejaculation.”

And I’m proud of the Kerala High Court saw that any kind of sexual assault between thighs also constitutes rape. We as a society really need to understand the extent of rape. We often are either oblivious or indifferent to many sexual assaults that constitute rape. And this indifferent attitude has caused a lot of women and girls to suffer in silence. 

Ritu Sanghvi

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