Siksha 'O' Anusandhan National

Institute of Law

PROJECT ON

SEXUAL OFFENCES AGAINST WOMEN

SUBJECT: BNS-II
BATCH: - BBA LLB(H)
SECTION: - ‘B’

PREPARED BY: - GROUP 2

SHAKTI PRASAD PANIGRAHI (2241801073)

NIKITA KUMARI PARIDA (2241801075)

ARADHANA PATEL (2241801076)

KULDEEP KUMAR PATEL (2241801077)

BAGMI PRIADARSHANI PATRA (2241801078)

MRUTYUNJAY PATRA (2241801080)

SUBHAM PATRA (2241801081)

GUIDED BY: - MS. SIVASHRITA BHARDWAJ

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 DECLARATION

We, bearing Regn. No.- 2241801073 to 2241801081, hereby declare that the assignment
titled “sexual offences against women” is a bona fide record of the assignment work which
we have submitted.

I also confirm that the assignment is only prepared for my academic requirement, not for any
other purpose. It might not be used in my other interest.

SHAKTI PRASAD PANIGRAHI (2241801073)

NIKITA KUMARI PARIDA (2241801075)

ARADHANA PATEL (2241801076)

KULDEEP KUMAR PATEL (2241801077)

BAGMI PRIADARSHANI PATRA (2241801078)

MRUTYUNJAY PATRA (2241801080)

SUBHAM PATRA (2241801081)

2
 TABLE OF CONTENT

CONTENT PG.
NO.
INTRODUCTION 4-5
CHAPTER-1 SEXUAL OFFENSE 6-8
• 1.1Sexual offences

• 1.2 Classification of Sexual Offences

CHAPTER-2 LEGAL FRAMWORK 9-14
• 2.1 Legal framework
CHAPTER-3 SOCITAL AND CULTURAL NORMS 15-17
• 3.1 SOCIETAL and cultural norms
CHAPTER-4 PSYCHOLOGICAL AND PHYSICAL IMPACT 18-20
• 4.2 Psychological Impacts of Sexual Offences
• 4.3 Physical Effects of Sexual Offences
CHAPTER-5 PREVENTION AND AWARENESS 21-22
• 5.1 Legal Provisions as Deterrent
CONCLUSION 23-24
BIBILOGRAPHY 25

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 INTRODUCTION
Sexual violence against women remains one of the most prevalent and serious human rights
violations worldwide. Sexual violence is not only a matter of violence but also an expression
of power, control, and deep-rooted discrimination based on gender. While the nature of sexual
violence, its frequency, and how it is handled differ within cultural, legal, and socio-economic
contexts, the universality lies in the prevalence of susceptibility of women to such violation
and the intrinsic structural barriers to accessing justice.

Understanding Sexual Offences

Sexual offenses encompass a broad spectrum of unwanted sexual acts and behaviours.
Legally, these range from rape and attempted rape to sexual assault, harassment, voyeurism,
trafficking for sexual exploitation, and other types intended to humiliate or desecrate the
sexual agency of a person. Although men and boys can be victims too, women are
disproportionately targeted by such violence due to patriarchal power dynamics,
institutionalized discrimination, and cultural values that devalue female agency.
Sexual violence has been defined by the World Health Organization (WHO) as "any sexual
act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic
or otherwise directed against a person's sexuality using coercion." The definition highlights
the absence of consent in these acts and the application of coercion—physical, psychological,
social, or economic.

Historical Context
Sexual crimes have long been under-emphasized and routinely normalized in most societies.
In previous centuries, women were owned by men, and crimes against them were viewed as
crimes against male honour or property, not as crimes against the individual woman herself.
Marital rape, for instance, was not legally recognized in most jurisdictions until the late 20th
century, and in some nations, it continues to be beyond the scope of criminal law.
Culturally, rape myths such as the belief that women entice sexual violence by their conduct
or attire have reinforced a culture of impunity and victim-blaming. Legal institutions were
also tardy to change; women were discouraged from reporting sexual violence because of
shame, fear of retaliation, and denial on the part of the authorities. The absence of gender-
sensitive legal institutions also solidified injustice.

Modern Legal Developments

During the contemporary era, particularly post the 1990s, the legal recognition and
criminalization of sex crimes committed against women have made significant progress.

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International human rights documents such as the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW), the Declaration on the Elimination of
Violence Against Women, and the various protocols within the United Nations system have
stressed the state's role in discouraging, prosecuting, and punishing sexual violence.
In criminal law, the concepts of rape and sexual assault have been expanded by the majority
of jurisdictions to include non-penile penetration, object and digital penetration, and crimes
that are not accomplished by physical force but do involve incapacity to consent, coercion, or
manipulation. Positive standards of consent, requiring clear, enthusiastic, and voluntary
participation in sex, have been implemented in certain legal systems.
Case law also has shifted in favour, and the courts increasingly have been recognizing the
psychological and emotional trauma inflicted upon survivors, the necessity for trauma-
informed practice, and the need to limit intrusive and prejudicial cross-examination of
victims. For example, landmark judgments by the Indian Supreme Court, European Court of
Human Rights, and a few U.S. Federal Courts had significantly impacted the jurisprudence of
consent, credibility, and victim rights.

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 CHAPTER-1
1.1 Sexual offences
* The law in India (as of now) permits only heterosexual natural sexual intercourse (i.e.
penile-vaginal intercourse) between man & wife.
* A sexual offence is therefore defined as any form of sexual intercourse which departs from
this norm & is consequently contrary to law.
OR
* Sexual intercourse or sex related acts performed in a way which are against the provision of
law of the land.
* With the landmark decision of the Delhi High Court (2nd July 2009) permitting also
consensual homosexual acts in private between adults (over the age of 18 years).

1.2 Classification of Sexual Offences

Section offences can be classified into three types. They are:
1. Natural offences
2. Unnatural offences
3. Sexual Perversions

1. NATURAL OFFENCES
RAPE1
The word "rape" is derived from a Latin term "Rapio"-which means "to seize".
Slightest penetration of the penis within the vulva, such as the minimal passage of glans
between the labia with or without emission of semen or rupture of hymen constitutes rape.
In Layman language, rape can be defined as, "The ravishment of a woman without her
consent by force, fear or fraud".
Section 63 of BNS. Defines Rape.
A man is said to commit "rape" if he-
(a) 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

1
Bhartiya Nyaya Sanhita, 2023, No. 45, Acts of Parliament, 2023, India

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 (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina,
the urethra or anus of a woman or makes her to do so with him or any other person; or
(c) 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
(d) 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: -
I. Against her will.
II. Without her consent.
III. 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.
under the circumstances falling under any of the following seven descriptions: -
I. Against her will.
II. Without her consent.
III. 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.
IV. With her consent, when the man knows that he is not her husband and that she has
given consent because she believes that he is another man to whom she is lawfully
married,
V. With her consent, when at the time of giving such consent, by reason of unsoundness
of mind or intoxication or the administration of any stupefying substance, she is
unable to understand the nature and consequences of that to which she gives consent,
VI. With or without her consent, when she is
VII. under 18 years of age,
VIII. When she is unable to communicate consent

Explanation 1.—For the purposes of this section,

"vagina" shall also include labia majora.
Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by
words, gestures or any form of verbal or non-verbal communication, communicates
willingness to participate in the specific
⁠Exception 1:A medical procedure or intervention shall not constitute rape.
Exception 2:Sexual intercourse or sexual acts by a man with his own wife, the wife not being
under 15 years of age, is not a rape.

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BNS Sec. 63 states the Punishment for 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, and shall also be liable to fine.
Types of rape:
* Statutory Rape:
It is sexual intercourse with a girl below 16 years of age even with her consent.
* Date Rape:
It is unlawful sexual intercourse with a woman, who is given a drink containing a sedative
drug like GHB, Rohypnol, cocaine, etc. in a party without her knowledge.
* Marital Rape:
It is forceful sexual intercourse with wife who is living separately from him under a decree of
separation or any custom or usage without her consent, and is punishable with 2 years of
imprisonment
* Gang Rape or group rape:
It occurs when a group of people participate in the rape of a single victim.
INCEST
Ancestry first to the sexual relationship between family members.
ADULTERY (IPC S.497)
Adultery refers to sexual relationship with other people except for the spouse.

2. UNNATURAL SEXUAL OFFENCES

Unnatural sexual offenses refer to the gratification of sexual urges in an unnatural way by
having voluntary sexual intercourse by the offender against the order of nature.
1) Sodomy
The anal intercourse between 2 males, or between a male and female.
2) Buccal Coitus
The male organ is introduced into the mouth, usually of a young child/woman.
3) Tribadism/Lesbianism
This refers to Female homosexuality. This is not an offence in India.
4) Bestiality
Sexual intercourse by a human being with an Animal other than human being.

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 CHAPTER-2

2.1 LEGAL FRAMEWORK

Sexual offenses against women are among the grievous offenses against the body's integrity
and dignity. The Bhartiya Nyaya Sanhita, 2023 (BNS), in place of the Indian Penal Code
(IPC), contains an elaborate legal framework to prosecute and punish such offenses. The
provisions of Sections 63 to 73 of the relevant law precisely aim at a variety of sexual
offenses. A thorough analysis of each provision and judicial interpretations thereof is given
below.
Section 63 – Rape
Definition:
Section 63 of the BNS maintains the basic definition of rape, focusing on absence of consent.
A man is regarded as having committed rape if he inserts his penis into the vagina, mouth,
urethra, or anus of a woman or causes her to do the same with him or another person without
her consent. The section also encompasses manipulation of body parts and use of mouth to
private parts within its ambit.
Consent:
The BNS explicitly provides that "consent" has to be a clear voluntary assent. That there is no
physical resistance is not consent.
Punishment:
• At least 10 years of severe imprisonment, which may be extended to imprisonment for
life, and shall also be subject to fine.

Case Law:
In State of Maharashtra v. Madhukar Narayan Madhukar, (1991) 1 SCC 572, the Supreme
Court reaffirmed that the dignity of all women should be upheld, irrespective of their
background or way of life, and that the lack of consent is enough to prove rape.

Section 64 – Punishment for Rape

This section gives the mandatory punishment for ordinary cases of rape, emphasizing
deterrent sentencing.
Punishment:
• Imprisonment for a term of not less than 10 years, which may extend to life
imprisonment,

2
State of Maharashtra v. Madhukar Narayan Madhukar, (1991) 1 SCC 57

9
 • Fine to be reasonable and just to cover the medical and rehabilitation costs of the
victim.
• The harshness of the punishment is an expression of social disapproval of the act and
underscores reparation to the victim.

Case Law:
In Mukesh v. State (NCT of Delhi), (2017) 6 SCC 13, the case of Nirbhaya gang rape, the
Supreme Court affirmed death penalty on account of the heinousness of the crime, recording
the long-term effect that such offenses have on the victim and society.

Section 65 – Punishment for Rape in Certain Cases

This section deals with aggravated rape, when the offence is committed under special
conditions like:
i. Against a pregnant woman,
ii. By a police officer,
iii. Custodial rape,
iv. Rape of a mentally or physically disabled woman,
v. Rape by a person in a position of trust or authority.

Punishment:
• Life imprisonment (remainder of natural life), or
• Rigorous imprisonment not less than 20 years extendable to life,
• Fine, to compensate for medical and rehabilitation costs of the victim.
Case Law:
In State of Punjab v. Gurmit Singh, (1996) 2 SCC 3844, the Supreme Court stated that rape in
custody is an indication of misuse of public power and should be punished more severely.

Section 66 – Punishment for Causing Death or Leading to Persistent Vegetative State of

Victim
i. This section is attracted where rape leads to:
ii. Death of the woman, or
iii. Her being reduced to a persistent vegetative state.

3
Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1
4
State of Punjab v. Gurmit Singh, (1996) 2 SCC 384

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Punishment:
• Life imprisonment (balance of natural life), or
• Death penalty.
• The provision reflects the rarest of rare doctrine, to safeguard societal morality and
deter extreme sexual violence.

Case Law:
In State of Tamil Nadu v. R. Suresh, 2022 SCC Online Mad 8925, the court awarded death
penalty in a case of rape-murder against a minor, observing that the brutalization of the
victim justified the extreme punishment.

Section 67 – Sexual Intercourse by Husband on His Wife During Separation

This section criminalizes marital rape during separation.
Scope:
The offence is made out when a man has sexual intercourse with his legally wedded wife
against her will while they are living separately, either by order or otherwise.
Punishment:
• Imprisonment for a term which may extend to 2 years,
• And fine.

Case Law:
While India has yet to criminalize general marital rape, this section is consistent with
Independent Thought v. Union of India, (2017) 10 SCC 8006, where sexual intercourse with a
wife under the age of 18 was held to be rape under IPC—progress toward affirming women's
autonomy in marriage.

Section 68 – Sexual Intercourse by Person in Authority

Scope:
This section makes sexual intercourse by a person who is:
i. In a position of authority or fiduciary relationship,
ii. A public servant, or

5
State of Tamil Nadu v. R. Suresh, 2022 SCC Online Mad 892
6
Independent Thought v. Union of India, (2017) 10 SCC 800

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 iii. A superintendent or manager of a jail, remand home, hospital, or institution.

Even if the act does not come within the strict definition of rape, it is criminal because it is an
abuse of power.

Punishment:
• Rigorous imprisonment for 10 years,
• Fine.

Case Law:
In Khatri v. State of Bihar, (1981) SCC (Cri) 6647, even under the pre-reforms IPC, the
Supreme Court insisted that custodial violence and sexual abuse by authorities in power must
be taken very seriously.

Section 69 – Sexual Intercourse by Employee by Use of Deceitful Means

Scope:
Includes acts of sexual intercourse by:
i. A supervisor, manager, or employee,
ii. Where consent is given by deceitful means, false representation of marriage, job, or
promotion.

Punishment:
• Imprisonment for up to 10 years,
• Fine.

Case Law:
In Deepak Gulati v. State of Haryana, (2013) 7 SCC 6758, the Supreme Court held that where
consent is given by fraudulent representation, it is not free consent.

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Khatri v. State of Bihar, (1981) SCC (Cri) 664
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Deepak Gulati v. State of Haryana, (2013) 7 SCC 675

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Section 70 – Gang Rape
Scope:
When a woman is raped by two or more individuals in concert, or with common intention, it
is gang rape.
Punishment:
• Severe imprisonment for at least 20 years, extendable to life imprisonment for the
balance of natural life,
• Fine should be fair and reasonable to cover the medical and rehabilitation costs of the
victim.

Case Law:
In Mukesh v. State (NCT of Delhi) (Nirbhaya case)9, the severity of gang rape resulted in
capital punishment, reasserting the necessity for intense response against group sexual
violence.

Section 71 – Punishment for Repeat Offenders

Scope:
Where a person who has been previously convicted under Sections 63 to 70 is again
convicted, enhanced punishment is in force.

Punishment:
• Imprisonment for life (balance of natural life), or
• Death.

Case Law:
In Shatrughan Chauhan v. Union of India, (2014) 3 SCC 110, the court ruled that while giving
death penalty to repeat offenders, the court shall exercise the "rarest of rare" doctrine with
judicial caution.

9
Mukesh v. State (NCT of Delhi) (Nirbhaya case)
10
Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1

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Section 72 – Disclosure of Identity of Victim of Certain Offences
Scope:
Prevents printing or publication:
i. The identity or any details leading to the identification of the victim of offences under
Sections 63–71,
ii. Without first obtaining permission from the court.

Punishment:
• Imprisonment for a term not exceeding 2 years,
• And fine.

Case Law:
In Nipun Saxena v. Union of India, (2019) 2 SCC 70311, the Supreme Court highlighted the
privacy right of rape victims and prohibited media from releasing any content that might
disclose their identity.

Section 73 – Publication of Matter Connected with Court Proceedings Without

Permission
Scope:
Entails unauthorized publication of:
i. Court proceedings involving sexual offences,
ii. Or any material connected with the trial that might prejudice the case or disclose
confidential details.

Punishment:
• Up to 2 years' imprisonment,
• And fine.
Case Law:

Once again, Nipun Saxena v. Union of India, (2019) 2 SCC 703, reaffirmed this right,
necessitating confidentiality even during and post-trial proceedings to uphold victims' dignity.

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Nipun Saxena v. Union of India, (2019) 2 SCC 703

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 CHAPTER-3

3.1 SOCIETAL AND CULTURAL NORMS

Sexual offences against women represent some of the most frequent and damaging
manifestations of gender violence globally. Regardless of how the law defines and
criminalises offences like rape, sexual assault, and harassment, enforcement is considerably
based on societal and cultural norms. These implied norms that establish behaviour and
expectation in societies are either a source of support for the protection of women or
interpose a culture of impunity and silence on the part of the perpetrator. This essay examines
the impact of culture and social norms on how individuals perceive sexual crimes, victim-
blaming, justice barriers, and their implications on the wider gender-based violence
discourse.

1. Cultural Norms and Gender Hierarchies12

In general, patriarchal principles are entrenched in constructing the understanding and
reaction toward sexual offenses. Men are put culturally in dominant positions, while women
are second-order, yielding a gender order that legitimates male violence and woman
submissiveness. They are supported through family arrangements, religious doctrine, media
representation, and education structures.
For instance, in certain societies, women's "purity" is linked directly to family honour, and
women's sexuality is controlled and monitored. Thus, when a woman is raped, not only is her
individual autonomy invaded, but so is her family's honor. This myth assists in the
maintenance of victim silencing and deterring victims from reporting crime since they do not
wish to be shunned by society.

2. Victim Blaming and Stigma

Societal reaction to sexual offenses is inclined towards victim blaming and not offender
blaming. This is rooted deeply in cultural narratives doubting the woman's conduct, attire, or
location. Blame is directed towards the woman by asking questions like "What was she
wearing?" or "Why was she out late?".
Victim-blaming is also reinforced by criminal justice systems requiring "evidence" of a
person's resistance or attack, with an ignoring of psychological trauma and power imbalance
inherent in sexual violence. In most jurisdictions, antiquated evidentiary requirements, for
example, the "two-finger test" or requiring physical injury evidence, are reflective of a

,
12 Suman Kumari, Naveen Kumar and Anuradha Sharma Mapping the dynamics of crime against women in
India: a spatio-temporal analysis, OPEN EDITION JOURNALS

15
cultural reluctance to believe the survivor. These procedures make it less likely that a crime
can be reported as a result of underreporting and re-traumatization of the criminal justice
system.

3. Normalization and Minimization of Sexual Violence

In some cultures, some sexual violence is normalized or minimized to the extent that it is not
considered a crime. Street harassment, for example, is minimized as harmless or even
flattering. Marital rape is still legal in most nations, justified on the grounds of a wife owing a
duty of sexual access to her husband, on cultural belief grounds. In these contexts, women's
control over their own bodies is officially prohibited, and sexual violence is treated as an
individual matter and not criminal.
Normalisation of such actions is usually done by popular culture and media, which normalise
violent male sexuality as normal and resistance by women as coquettishness. Such
representations promote the falsehood that "no" can be "yes," further blurring the definition
of consent and furthering toxic masculinity.

4. Legal Reform and Cultural Resistance13

Global pressures and feminist activism of recent decades have led to major reforms in law
dealing with sexual offenses. Coalitions have lobbied for broadened definitions of rape,
legalized marital rape, set up fast-track courts, and legislated protection to victims of assault.
Laws find it difficult to be implemented, though, in opposition to dominant cultures.
For example, police officers and judges in particular conservative communities can have
patriarchal attitudes that compromise equal trials. A survivor might be dissuaded from
reporting, bullied into a quiet settlement, or subjected to degrading cross-examination
questions regarding her sex life. Cultural opposition to law reform also exists on the level of
enforcement and popular attitudes, where survivors are character assassinated and the
perpetrators are protected by privilege and power.

5. Intersectionality: Class, Caste, and Race

Cultural norms of sexual offenses are also influenced by intersecting identities like class,
caste, and race. Marginalized women, for instance, get more vulnerable to sexual violence as
well as structural injustice in being excluded from justice. Dalit women, for instance, in
South Asia have unequal experiences of sexual violence but are repeatedly ignored owing to
caste discrimination. Black American women have experienced a history of sexual violence
characterized by racism in the United States since slavery, and contemporary stereotype often
holds sway over the way their claims are handled at police hands and courts. Intersectionality

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Chloe Haderlie, Sexual assault against women in India, BALLARD BRIEF

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shows cultural norms to be diverse and they operate differently across groups in society and
need to be addressed by a different, holistic process which is sensitive to the intersectionality
of the multiple bases of oppression.

6. Norm Change: The Role of Education and Activism

Even though most destructive norms are deep-rooted, public opinion is not fixed. Public
awareness campaigns, grassroots movements, and education have been central in
transforming public debate. Movements such as #MeToo and Time's Up have shattered the
silence on sexual violence and lent voice to survivors.
Education is a strong tool to combat patriarchal mindsets and inculcate respect for consent
and bodily autonomy. School-based comprehensive sexuality education, gender sensitization
of the police, and survivor-sensitive judiciary training are the imperatives to facilitate the
alignment of a culture that condemns, not just tolerates, sexual violence.

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 CHAPTER-4
PSYCHOLOGICAL AND PHYSICAL IMPACT
Sexual offenses against women can leave a deep impact on the victim, not limited to only
violation of bodily autonomy but also assault on the psychological well-being of victim's life.
The victim can suffer from multi-dimensional impacts of sexual assault intersecting with
societal, cultural, legal, and healthcare systems. The psychological and physical impact of
sexual offenses against women is essential to create effective interventions and legal
frameworks to counter them effectively.

4.1 Psychological Impacts of Sexual Offences

A. Post-Traumatic Stress Disorder (PTSD)
The most prevalent psychological consequence of sexual offences is Post-Traumatic Stress
Disorder (PTSD). PTSD is characterized by flashbacks, hyperarousal, nightmares, intrusive
thoughts, and emotional numbness. A study finds that rape victims are more likely than
victims of any other offence to develop PTSD. A National Violence Against Women Survey
in America indicates that approximately 33% of rape survivors develop PTSD at some point
during their lifetime, while approximately 6% of the general population does so.

B. Depression and Anxiety

Many victims have chronic depression and anxiety disorders, often beginning shortly after
the rape and persisting for years. Symptoms include repeated sadness, guilt, self-blaming,
irritability, and panic attacks. Internalization of the trauma may manifest as low self-esteem
and hopelessness, and act as a precursor to suicidal ideation and attempts. Evidence suggests
that rape survivors are 13 times more likely to attempt suicide than a group of non-victims.

C. Dissociation and Cognitive Disruption

Dissociative phenomena such as depersonalization, derealization, and memory loss are often
encountered among survivors, especially when the trauma is repeated or prolonged. Coping
mechanisms, such as mental detachment from experience or body, are developed by victims,
often being more prevalent among survivors of child sexual trafficking and abuse. Cognitive
distortions such as worthlessness, helplessness, and irrational guilt could become fixed and
impact academic or occupational functioning along with interpersonal relations.

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D. Substance Abuse and Risk Behaviours
Victims can apply use of substances as a mechanism for self-medication in order to numb
distress mentally. Drinking alcohol and substance dependence are higher in sexual assault
survivors statistically, generally causing secondary physical and legal concerns. The victim
can also get involved in dangerous sex, albeit not necessarily on their initiative but because
trauma has interfered with their sexuality boundaries and self.

E. Interpersonal and Social Consequences

The victims may also experience trust issues, intimacy avoidance, and social isolation due to
shame or fear of victimization. It affects family life, friendships, and work participation.
Victim-blaming and cultural stigma exacerbate these effects, particularly in patriarchal
societies where chastity and honour are exaggerated compared to justice and healing.

4.2 Physical Effects of Sexual Offences

A. Instant Physical Injuries

Physical effects depend on the type of assault but can involve bruising, laceration, genital
injury, and restraint or force injuries. Victims of violent assaults tend to have broken bones,
concussions, and internal injuries. For instance, a study in JAMA reported that more than
40% of sexual assault victims had extensive genital or anogenital injury, particularly in object
insertion or multiple offender assaults.
B. Sexual and Reproductive Health Problems
Sexual assaults can lead to severe disturbances in a woman's sexual and reproductive health.
Unplanned pregnancy, sexually transmitted diseases (STIs), such as HIV/AIDS, and resultant
complications like pelvic inflammatory disease (PID) are the typical consequences. In areas
where access to emergency contraception or abortion is limited, these can be life-changing.
Also, gynaecologic complications can exist for years as chronic pelvic pain, menstrual
dysfunctions, and sexual dysfunction. Survivors become afflicted with vaginismus or
dyspareunia, causing extreme disruption in intimate relationships as well as psychic well-
being.
C. Long-term Health Consequences
Long-term health issues like fibromyalgia, gastrointestinal illness, cardiovascular illness, and
autoimmune illness are overrepresented among sexual trauma survivors. These somatic
diseases tend to be expressions of unresolved trauma or chronic stress. The Adverse
Childhood Experiences (ACE) study found that women sexually abused as children are much
more likely to have chronic illness in adulthood.

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Also, the toxic stress that arises from sexual violence can modify neurobiological systems,
such as the hypothalamic-pituitary-adrenal (HPA) axis, and lead to metabolic and endocrine
disorders in the long term.

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 CHAPTER-5
PREVENTION AND AWARENESS14
Sexual offenses against women is a critical issue around the world which harms women and
society as whole. To build a secure and just society, it’s essential to adopt a proactive method
focused on prevention and awareness of sexual offenses against women.

5.1 Legal Provisions as Deterrent

One of the building blocks of prevention is that criminals are compelled to face harsh and
sure sanctions. Rape is defined in Section 63 and is required to be sentenced for a minimum
of ten years with the option of life imprisonment. For offences committed against victims
under 12 years of age, Section 64(2) provides for the award of life imprisonment or the death
penalty based on the severity of the crime². Such severe punishments are meant to act as
deterrents by emphasizing the gravity of the crimes.
Section 193(2) is another progressive section that mandates the trial of rape cases within two
months of the charge sheet³. Speeded-up trials minimize survivors' emotional trauma and
avoid unwanted delays that also have a tendency to dilute justice. Such haste also sends a
very strong message that sexual violence receives the highest priority.

Victim-Oriented Procedural Protections

The BNS upholds survivor confidence via procedural protections. Section 193(3) requires in-
camera hearing in the case of sexual offenses to safeguard victims from public disclosure⁴.
Section 193(4) also preserves confidentiality of the victim's identity⁵. These sections highly
minimize the possibilities of social stigma and stimulate reporting.
In addition, Section 64(3) authorises courts to grant compensation to victims for medical
care, rehabilitation, and other requirements⁶. The judicial recognition of the harm caused to
victims strengthens individuals' trust in the judicial system and encourages survivors to lodge
complaints.

Legal Literacy and Public Awareness

Legislative awareness is an effective deterrent. Since BNS is relatively new, public
sensitization—particularly among women and youth—on Sections 63 to 66 relating to rape,
gang rape, and sexual assault is the priority⁷. Knowledge of what constitutes a crime and with
what penalty keeps individuals on their toes in terms of their behaviour and enhances societal
condemnation of sexual violence.

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Bhartiya Nyaya Sanhita, 2023, No. 45, Acts of Parliament, 2023, India

21
School, college, and workplace legal literacy programs, and mass media campaigns through
television, radio, and social media, can be effective in changing public attitudes. Rural
outreach and local language translation of the law can facilitate dissemination even in the
most remote areas.

Role of Police and Institutions

Police reforms are a must in helping implement BNS effectively. In accordance with Section
176, police officers are empowered to arrest without a warrant in cases of rape⁸. This
provision must be aided by gender-sensitive training so that victims are handled with
empathy and respect.
The availability of women police stations, help desks, and female officers at reporting centers
can also provide an added guarantee of a safe haven for survivors. These measures increase
institutional accountability and the culture of prevention.

Cyber Offenses and Digital Measures

With rising instances of cyber sexual harassment, BNS and associated law offer remedies for
rectifying tech-savvy crimes. Section 66 addresses behavior aimed at insulting the modesty of
a woman, and, when used in cyber environments, it can include stalking, blackmail, and
abuse of images⁹. Along with provisions of the Information Technology Act, 2000, Sections
66E and 67 primarily, the victims of sexual offenses in cyberspace are offered recourse to
law¹⁰.
Mobile apps and digital platforms with safe complaint websites and live support can also
assist victims in obtaining access to justice securely and anonymously.

Community Participation and Civil Society

Legal provisions can function only in the presence of human beings. Legal aid centres, civil
society organizations (CSOs), and NGOs may be functioning as middle agencies by
conducting workshops, releasing simplified legal material, and conducting gender-
sensitization campaigns. Panchayat and community group involvement generates collective
vigilance and early response.

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 CONCLUSION

Sexual offenses against women are not just legal matters; they are a pervasive social issue
that reflects society's continued discrimination against women, inequality, and insensitivity to
gender. Fundamental change needs an eclectic strategy that extends beyond the legal
situation, although the law plays a critical role in discouraging and penalizing offenders.

The Nirbhaya case in 2012, which acted as a trigger for large-scale protests and a
parliamentary inquiry, revolutionized India's judicial system for the prosecution of sexual
offences. The Criminal Law (Amendment) Act, 2013, revolutionized the Indian Penal Code,
Criminal Procedure Code, and Indian Evidence Act. It broadened the definition of rape,
inserted new types of sexual assault like stalking, voyeurism, and acid attacks, and also
provided enhanced punishment for offenders. Some other forward-looking steps were the
implementation of victim compensation schemes and instituting fast-track courts.

But the implementation of these guidelines still remains uneven regardless of such gains.
Victim-blaming, stigma, and a lack of cooperation from the law enforcement officials are
typical of the victims. Weak forensic labs, long judicial delays, and lack of initiative among
the police discourage survivors to file complaints. At times, even fear, shame in society, or
peer and family pressure makes many of them not to report cases at times.

Police and interpretation are yet another significant obstacle. In order to maintain survivors'
dignity, privacy, and sensitivity throughout the process, from complaint filing to testimony in
courts, the criminal justice system needs to have a victim-friendly approach. In addition to
legal reforms, police officers, medical officials, and judges handling these cases should be
trained better.

Deeply rooted gender prejudices and sexism against women must be addressed at the social
level through awareness, education, and cultural transformation. Changes in attitudes
regarding consent and agency, as well as educating and empowering women through
education and financial empowerment, are vital in making the environment more safe for
women. Grass-root level programs, changes at schools, and public awareness programs can
all contribute towards countering and reversing these myths.

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Secondly, intersectionality has to be considered while addressing sexual violence.
Marginalized women—such as Dalits, Adivasis, and women with disabilities—are exposed to
double or even triple layers of discrimination and become soft targets for sexual violence.
Solutions within the law have to be provided and made accessible to all women, regardless of
caste, class, religion, or economic status.

The media also have a critical role to play in shaping public discourse on sexual offending.
Sensible coverage, no sensationalism, and victim privacy are key to creating a culture where
victims can report and seek justice.

In summary, although India has done a good job in consolidating its legal platform against
sexual offenses, there is still a lot to be done to guarantee that such legislations are
implemented effectively and supported by social change. Parliamentarians, law enforcers,
civil society, and all citizens individually need to put efforts together to create a society
where women can live without the threat of terror or brutality. That will happen only when all
women are able to bask in the justice and equality which the Constitution promises.

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 BIBLIOGRAPHY

Books and articles:

• Sexual Assault: Awareness, Prevention, Defence, Response, and Recovery: by Daniel
E. Loeb
• Amnesty International. (2022). Barriers to Justice: Sexual Violence Against Women
Globally.
• United Nations. (2023). Gender-Based Violence and Harmful Cultural Practices.
• Living in Fear: The Psychological Impact of Rising Sexual Violence on Women in
India: by Afreen Waseem

Legal And Government Framework:

• Bhartiya Nyaya Sanhita, 2023
• INDIAN PENAL CODE, 1860

Court Cases:
• State of Maharashtra v. Madhukar Narayan Madhukar, (1991) 1 SCC 57
• Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1
• State of Punjab v. Gurmit Singh, (1996) 2 SCC 384
• State of Tamil Nadu v. R. Suresh, 2022 SCC Online Mad 892
• Independent Thought v. Union of India, (2017) 10 SCC 800
• Khatri v. State of Bihar, (1981) SCC (Cri) 664
• Deepak Gulati v. State of Haryana, (2013) 7 SCC 675

Media and Online Sources:

• https://blog.ipleaders.in/unnatural-sexual-offence/ (unnatural sexual offences)
• https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S000016FS/P000701/M01
5734/ET/1464333645FSC_P14_M30_e-text.pdf (natural sexual offences)
• https://legalserviceindia.com/ (Physical Effects of Sexual Offences)
• https://www.manupatrafast.com/?t=desktop (legal framework)

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