Acquaintance Rape

ACQUAINTANCE RAPE

INTRODUCTION

Acquaintance rape is a sexual assault crime committed by someone who knows the victim. It is also called rape or marital rape if the crime occurs between partners. As a crime of sexual violence acquaintance rape includes forced, manipulated or coerced sexual contact. If someone forced you to have sex, that is rape, even if you know the abuser.

Acquaintance Rape is non-consensual sexual intercourse between people who know each other. Sexual assault between acquaintances consists of non-consensual sexual activity that does not include intercourse. “Non-consensual” means that there is some use of force, intimidation, or manipulation, or that one of the parties is unable to give consent.

The impossibility of giving consent would be likely, for example, if one of the parties is drunk or unconscious. Guns, knives, or other forms of violence must not be used for sexual activity to be considered non-consensual. Often the person is afraid to say no and will not resist in the face of threats or bullying. Consent must be given whenever people engage in sexual activity and cannot be assumed from previous consensual sexual activities with the same person. Also, it cannot be assumed by a consensual kiss on the same occasion. Acquaintance rape or any other rape is never the fault of the victim. it does not matter what the victim was wearing or where she was. Raping is always the fault of the offender.

MALE VICTIMS

The tendency to blame victims for their activity can always be two-sided. A victim may not be a girl, a male can also be sexually assaulted or raped by women and men. In 1987 a research states that sexual desires are always two hands one from men and the other from women. If girls are forced to get sexually involved with a man, boys are also forced by women to fulfill their desires. Other victims of sexual assaults are between the ages of 16 and 28 such as men who are used to being sexually harassed by older women or are raped by men to satisfy their needs in an acquaintance. Rape activity by a friend, relative, date, college mate, family, etc. may be forced into sex or unwanted attention by any of them.

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He is also a victim of crime and is entitled to some remedies and rights provided by the government and the law. The question that arises in the male victim’s mind is that if she reports the crime that happened with him, her muscularity would be challenged by the woman. Aggression that takes place with any gender is a crime.

There is shame in accepting if a crime has happened with you being male. As an acquaintance a case from 1980 was highlighted in which a 55-year-old woman indulges a 19-year-old boy into regular sex for months to satisfy her desires. He was later reported by the boy’s family when they discovered a rape that had been happening for months as a knowledge rape by a known aunt.

She blackmailed the boy for providing him with money and designer clothes and stuff etc. To satisfy her unwanted and unauthenticated desire for her. Later, after a few days, the boy denied it, then she started blackmailing him for telling his parents about which boy was unintentionally doing the deed that turns out to be a crime in the eyes of the law.

EFFECT ON SURVIVOR

People who have been attacked by someone they know may feel guilty or responsible for the attack, feel betrayed, question their judgment, and have a hard time trusting people. Survivors may fear they will not be believed if they tell someone, or they may not identify what happened as an assault. A survivor can blame himself or himself for taking a ride from a friend, attending a party, drinking at a party, or inviting someone to his apartment, dorm, or home. It is very important to support the survivors and let them know that it was not their fault.

In the aftermath of sexual assault or rape, survivors can face extremely difficult and painful emotions and experiences. Each survivor responds to traumatic events in her own way. The effects of trauma can be short-term or long after sexual assault or rape.

Men may be reluctant to report or talk about rape because issues of masculinity and homophobia come into play. A man might ask, why couldn’t I protect myself? Has this ever happened to other men? If I have had sex with another man, am I homosexual? If his assailant were a woman, a man might fear that no one would believe his story or be laughed at. Male survivors should receive the same attention, respect, support, and services as female survivors.

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PROVISION RELATED TO RAPE IN INDIA[1]

In 1983, few changes were made to rape laws in India. In the 1983 amendment, the provisions that have been introduced are

  • Marital rape under section 376 (A) of the Indian Penal Code, 1860
  • Custodial rape under section 376 (2) of the Indian Penal Code, 1860
  • Minimum penalties for rape cases depending on the extent of the crime.
  • Rape special case provision in section 376 (2) [a-g] and (A) of the Indian Penal Code, 1860
  • Section 288 A (2) of the IPC, which states that rape and the identity of the rape victim must not be disclosed by any person until they wish or, if done so, will be punished by the court with imprisonment which may or may not extend to two years.
  • IPC Section-376 (2) (a) – dealing with the crime of prison rape or rape committed by the police officer in custody.
  • Rape committed by a public official.
  • Rape carried out by the personnel management.
  • Rape committed by hospital management or staff.
  • Section 164 A (5) of the CRPC – establishes the provision for medical examination of the rape victim at the earliest.
  • Section 327 (2) (6) of the CRPC states that all statements of the rape victim must be recorded in front of the camera so that no further changes can be made without evidence in court.
  • IPC Section 376 (2) [e] – which talks about the punishments offered to perpetrators of rape committed by women who knew she was pregnant previously.
  • Section 376 (2) [f] of the IPC discusses the penalties for rape with a girl who is under age or under the age of 12.
  • Section 376 [g] of the IPC talks about interim laws relating to the detention of gang rape offenders.

All these provisions of the IPC and CRPC talk about all the penalties, imprisonment and fines related to a large number of rape cases in India, although many changes have yet to be made by law and agreed by the Court.

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CONCLUSION

Rape occurs because girls are not truly open about their wants and desires in life. Men know what they want, but the way they fulfill their desire is strictly inhumane. Girls should be more open about themselves in society and guys should understand if a girl is saying no to something that strictly means no. The use and consumption of alcohol and drugs at parties or on campus should be restricted and banned on campus to stop the occurrence of rape in society. Girls shouldn’t be ashamed or embarrassed by society for reporting crime and society should support what is right.

If a crime or offense occurs, it must be strictly reported to the police, whose negligence can be found in the countries. One should know their limitations when to stop overdoing sexual intercourse with someone whether it be a wife. Communication is the key to stopping many events from happening in life. You should know when to express and open your feelings with your partner.

Being single is not what everyone wants but that doesn’t mean forming a relationship with anyone or everyone, this is what the crime phase takes in one’s life. Bad communication and wrong linking for sex is the main problem that occurs especially with girls who should try to be more open and clearer about their desires. The law remains the same but the number of victims increases and creates a threat to the economy and continues to destroy the lives of innocent and defenseless victims.

The 1983 amendment made few changes in the light of the rape law and the few amendment provisions in the rape law, but it is still not enough as the crime rate does not stop but continues to increase. New methods of punishment and amendments should be introduced regarding the control of rape in India to put a full stop on the whole rapist. The court and the legislature need to make a lot of changes to put an end to the rape. Teen-oriented education should start in school, which will teach them to control their sexual desires when needed at bad times.

[1] http://www.legalserviceindia.com/articles/rape_laws.htm

Author: Ishika Jain,
University of Petroleum and Energy studies

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