In the case Bachcha v. State of U.P., a man took a six year-old girl into his house, removed her clothes and masturbated until he ejaculated on her stomach. The prosecution charged that he was found in the act of raping the girl, but the medical evidence showed that he could not have done so. The Court held that he could be found guilty of an "offence to modesty," which the Court defined as any action that would be shocking the sense of decency of a woman.
In Bachpan Bachao Andolan v. Union of India & Others, the non-governmental organization Bachpan Bachao Andolan petitioned the Supreme Court of India to address the use of child performers in traveling circuses. A study revealed that children were being trafficked from Nepal or taken from their homes, forced to work as child laborers, and subjected to mental, physical, and sexual abuse.
Under the Criminal Code, rape is defined quite narrowly as “sexual intercourse against a person’s will with the use or threat of physical violence present or deprivation of possibility of resistance.” There is also no mention of rape in marriage. To hold a person liable for rape, which is punished by imprisonment for up to seven years, the victim or their representative must file a complaint. However, in the case of rape (i) by a group of accomplices or (ii) of a minor or a young child, the term of imprisonment can be longer, and complaint filing is not needed.
The claimant was born in Somalia and left the country when her home was destroyed and four men attempted to rape her. The claimant sought residence in the Netherlands as a refugee under Immigration Act 2000. She argued that women in Central and Southern Somalia were systematically exposed to inhuman treatment. The claimant submitted reports that abuse and rape of women, by civilians and armed groups, was frequent, and that displaced women were particularly vulnerable during their flight. Gang rape was widespread, and victims (including young girls and boys) were selected at random.
Appellant appealed his indictment for aggravated rape, assault, and torture and acts of barbarism against his wife, arguing that marriage creates a presumption of consent to sexual relations between spouses. The Court found that such a presumption is not conclusive and that Section 332 of the Penal Code, which defines rape as "[a]ny act of sexual penetration, whatever its nature, committed against another person by violence, constraint, threat or surprise," does not exclude the possibility of rape within a marital relationship where there is a lack of consent.
In Delhi Domestic Working Women’s Forum v. Union of India, six women were sexually assaulted and raped on a commuter train. The Supreme Court established new requirements for police in handling rape cases, including providing victims with legal representation, informing them of all their rights before questioning, and protecting their anonymity during trial.
Two men convicted of child rape challenged the constitutionality of the Sexual Offenses Act's amendments to the existing Criminal Procedure Act (CPA). The amendments permit child victims and witnesses of sexual offenses to participate in modified court proceedings to facilitate testimony. The lower court declared the amendments to the CPA constitutionally invalid. The Constitutional Court reversed the ruling, holding that (1) courts must inquire into the need to appoint an intermediary in sexual offense trials whenever children are expected to testify, re
The petitioner, convicted of having sexual intercourse with a minor in exchange for payment, filed a lawsuit in the Seoul Administrative Court against the Commission on Youth Protection ("Commission"), requesting that the Commission revoke its decision to publicly disclose the petitioner's identity (name, age, birthdate, vocation and address, with summary of the crime). The Administrative Court thereafter filed a request to the Constitutional Court for constitutional review of the provisions of the Juvenile Sex Protection Act ("the Act"). The Constitutional Court held that
An offence under the Domestic Violence Act (the “Act”) is defined as controlling or abusive conduct that harms the health, safety, and well-being of any person or child. Such conduct may include physical, sexual, emotional, psychological, and economic abuse, as well as intimidation and harassment. Romantic relationships, familial relationships, parental responsibility, and cohabitation may be classified as a “domestic relationship” under this Act.
Charges were brought against defendant for allegedly sexually abusing his 14-year old daughter for a period of 30 days while they were in Argentina. The lower court found defendant guilty of aggravated rape, in violation of Article 308-2 and 310-2 of the Penal Code. Upon defendant's appeal, the Court affirmed the lower court's ruling, holding that the victim's testimony coupled with that of the defendant's brother, who witnessed and first reported the rape, was sufficient evidence to convict the plaintiff.
