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Rape impact on women. Gang, Custodial and Rape by a headmaster

BY: Christine Torcato | Category: Women | Post Date: 2009-06-06

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   Christine Torcato
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My dear friends one might wonder why I chose this topic "impact of rape on women" to write on. Let me begin by telling each one of you why Rape is an issue which needs to be dealt with. There is an ever increasing rate of rape cases in Goa, Bihar, and all over the world. Here it is the girl or a woman whose identity is at stake when rape is committed on her.

What is the definition of rape
Rape is one of the most common of sexual offenses which is defined under section 375 and 376 of the Indian Penal Code. The the definition of rape is as follows:
"A man is said to commit rape who has sexual intercourse with a woman against her will or without her consent or with her consent by putting in her fear of death or feelings of hurt or when he knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is, or believes herself to be, lawfully married, or when at the time of giving her consent, she is unable to understand the nature and consequences of that to which she gives consent, by reason of unsoundness of mind or intoxication or the administration by the rapist or through another of any stupefying or unwholesome substance or with or without her consent when she is under 16 years of age."

The three types of rape areas follows

In Custodial Rape the prosecutrix and her husband were taken into custody by the police on a false plea that she had been abducted. At the police station they were kept in a separate room and it was found that she was raped by the accused head constable.His conviction under Section 375 was upheld.

It was found that the girl was sent by the mother to the house of the accused HEADMASTER for cooking.The accused committed a sexual assault on her.The absence of the girl from the school was confirmed by student witnesses.The statements of the girl were found to be true. The presence of semen and human spermatozoa on the clothes of the girl corroborated her vision even if it was not proved that the semen belonged to the headmaster.However the Supreme Court did not interfere in the order setting aside his acquittal.

When a woman is raped by one or more of a group of persons, acting in furtherance of their common intention, each of such persons is deemed to have committed Gang Rape.

The Cases related to rape are as follows:
1) A girl of fourteen years was sent to a medical man for professional advice.It was held that the latter had sexual intercourse with her and she made no resistance as she was under a bonafide belief that he was treating her medically.The Court held that he was guilty of rape.(William (1850) 4 Cox 220).

2) In this case the accused was engaged to give lessons in singing and voice production to a girl of sixteen .He is engaged in sexual intercourse with her under the pretense that her breathing was not quite normal, and that he had to perform an operation to enable her to produce her voice properly.It was thus held that the accused was guilty of rape.(William (1923) 1K.B.340)

3) In this case the accused made a woman quite drunk and violated her when she was not in her senses and it was held that the offense of rape had been committed,(Camplin, (1845) 1 Cox.220). 4)Last but not the least in (Phul Singh v State of Haryana (1980) Cr.L.J.8), the Supreme Court described the offense of rape as "violation, with violence, of the private part of a woman." (Source of information: Bare Act.)

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About Author / Additional Info: I am a freelance journalist, a researcher and counsellor.

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Comment Comment By Comment Date
Awesome ..
Awesome and a very informative article. Rapists should be hanged to death.
Priya 2009-06-06

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