Here is The Ultimate Guide of The Term RAPE. How will define the term Rape ?. This topic is very important in present condition in India where lot of amendment done in recent past. And also trending in India #MeToo.
Here is The Ultimate Guide of The Term RAPE.
What is Rape ?| Let start the Topic
The word Rape is derived from the Latin term Radio. Which ‘to seize. Thus rape literally means of forcible seizure of the offence. In common Parlance, it means intercourse without her Consent by force, fear or fraud. In other words, rape is violation with violence of private person of a woman. The Ultimate Guide of The Term RAPE, Rape is a thus, a crime against basic human right and is also volative of the victim’s most cherished of the fundamental rights, normally, the right to life contained in Article 21 of constitution.
As observed by Justice Arjit Pasayat: while Murderer destroys the physical frame of the victim, rapist-de-grades and defiles the soul of helpers female. Rape is the most heinous offence committed on a woman. Rape is a weapon that distorts a woman’s sexuality. Restricts her freedom of movement and violates her human rights.
Thought the law is said to grant justice to the innocent, the same is sadly not true in case of rape victim. Justice prides herself on being blind to everything but the truth-yet-as far as rape is concerned; the felt paint a different picture Rape laws in India are extremely antiquated. Although allegation. A rapist not only violates the victim’s privacy and personal integrity, but also causes serious physical and psychological damage. The law must take fresh look at difficult for an accused to get judicial reprieve.
The accused came so close to prosecutix that his legs about knew. Accused also slapped prosecutix on her postures. This gesture covered within the meaning of U/S-374, 506 Indian Penal Code amount to physical sexual harassment other forms of unwelcome contract such as unnecessary touching, patting, Pinching, stroking the others body, coercive sexual contract, exhibitision Rape.
Rape can be characterized in different Types: (The Ultimate Guide of The Term RAPE)
There are several types of rape, generally categorized by reference to the Situation in which it occurs, the sex or characteristics of the victim, and\or the sex or characteristics of the perpetrator. Different types of rape include but are not limited to: date rape, gang rape, marital rape, incestual rape, child sexual abuse, prison rape, acquaintance rape, war rape, and statutory rape.
From a legal point of view, rape is defined as one person forcing another, without this person’ consent and using violence or threatening violence, to have intercourse or other forms of sexual activity. The same definition applies if the person is violated while in a vulnerable state as sleep, unconsciousness, intoxication, physical or mental disability. Any present or previous relationship between the parties is irrelevant.
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The majority of victims of sexual assault are women and the perpetrators are almost always men. Rape can be categorized in different types:
- Stranger rape: For example, when a women is assaulted by a stranger outdoors, or by a man who entered her home.
- Acquaintance: The man and the women may know each other fairly well or only casually. Often happens in connection with or after a party or date.
- Gang rape: May occur as an attack or during private parties. Gang rapes may be preplanned to varied degrees, but some planning always takes place. May have a motive of revenge, for example to put an independent woman in her place. Also occur in war as a calculated strategy.
- Marital rape: The husband refers to his “marital right” to sex, threatens with violence or divorce or demand sex after being abusive, when she does not dare say no. He may also simply force himself on her, despite her resistance and protests.
There are also two types of hidden sexual assaults: (The Ultimate Guide of The Term RAPE)
- The victim acknowledges to herself and perhaps also to others that she has been raped, but refuses to press charges for different reasons.
- The situation matches the legal deification of rape, but the victim, for different reasons, does not see it as such.
It is difficult to accurately determine how many rapes occur because the numbers of unreported rapes are presumed to be very high (especially rapes where the perpetrator is an acquaintance). Rape is often associated with strangers, when in fact, research show that in most cases the victim and the assailant know each other. A considerable number of rapes are presumed to occur within marriages. However marital rape is still a subject very much taboo and is most likely the least recognized type of sexual assault.
Although the legal definition of rape varies from state to state, rape is generally defined as forced or non-consensual sexual contacts.
Rape and/or sexual assault is forced manipulated, or coerced sexual contact by a stranger, friend or acquaintance. It is an act of aggression and power combined with some form of sex. A person is forced into sexual contact through verbal coercion, threats, physical restraint, and/or physical violence. Consent is not given.
Rape is also a legal term that is defined in Massachusetts by three elements: (The Ultimate Guide of The Term RAPE)
- Penetration of ANY orifice by ANY object,
- Force or threat of force, or
- Sexual contact against the will of the victim.
- Consent cannot be given (legally) if a person is impaired,
Intoxicated, drugged, underage, mentally challenged, unconscious, or asleep. Rape and sexual assault are about power and dominance; they are not about sex and certainly not about feeling of love and/or affection. Rape is a hate crime based on gender, power and control.
So today it is discussed in this post what is rape and types: The Ultimate Guide of The Term RAPE