Sexual Crimes | What is Sexual Crimes | Natural, Unnatural and Sexual Perversions

Sexual crimes are abhorrent and deeply violate the fundamental principles of consent, dignity, and respect for every individual. Understand Sexual offences.

CRIMESEXUAL CRIMES

Shubham Kumar

1/29/20246 min read

Sexual crimes are regarded as the poison in the social institutions, models of society and morals of nation. Sexual crimes are guilty on the grounds of violating the fundamental principles of consent, dignity respect of every individual. As the educated class of society we should stood up against this unlawful activity. However, first we need to understand which exactly sexual crime is and what are it's types.

Definition of Sexual Crimes

Any act regarding the actions concentrating on the sexual intercourse and sex related acts, executed in a manner, which tends to violate the law of land, is called sexual crimes. Moreover, it violates the principles of dignity, respects and consent, pertaining to forceful execution of sexual acts on individual. Sexual crimes are known for breaching the models of social institution, trust within the society and morals of nations, Furthermore, it encompasses the sexual harassment on individuals, damaging their right to consent and well-being.

It is classified into 3 types:

  • Natual sex offences: Rape, Incest, Adultery (vaginal)

  • Unnatural sex offences: Sodomy (Anal Coitus), lesbianism, Buccal Coitus

  • Sexual Perversion: Sadism, bestiality, Voyeurism.

Natural offences | A sub-type of sexual offence

These sexual offences, which are performed in order of nature i,e penetration penis in the vagina. The natural sexual offence includes Rape, Incest, Adultery (vaginal), etc.

Rape | Sexual Crimes | Heinous among all

Section 375 IPC defines Rape as

A man is said to commit "rape" if he, except in the case provided for by subsection (2), has sexual intercourse with a woman under circumstances falling under any of the following descriptions:

  • Against her will.

  • Without her consent.

  • With her consent, but obtained by force or by means of threats or intimidation of any kind or by using fraudulent means.

  • On her consent, but when she is under sixteen years of age.

  • With her consent, but when she is unable to communicate consent.

  • When she is unable to understand the nature and consequences of the act because of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance.

Custodial Rape

A rape is said to be a custodial rape, if the culprit is someone who holds position in authority. Example- Jails warden, hospital staff, police, etc. The person who holds position in authority, tries to take advantage, by harassing the person in need. This is usually seen in the police stations and hospitals.

When a lady is arrested, on the name of interrogation, police officer execute sexual harassment on her, prime example of custodial rape. Similarly, if a lady is admitted in hospital or subjected to have a through body check, the hospital who intentionally touchers her body and private parts, is another form of custodial rape.

Though custodial rapes are not gender biased and not only happen fir females by male, it cane be vice versa However, most of the registered cases of custodial rapes highlights females as victim, while male as culprit. Therefore, the nature of custodial rape's victim is tilted towards the female side rather than male side.

Gangrape

When a woman is raped by more than one man, then this heinous crime is called gang rape. It doesn't matter if the rape is committed by two persons or group of persons, it is a gang rape. Each and every individual found guilty of gang rape, will be punished equally, on the grounds of common intention.

Furthermore, there is not age limit for punishment in gang rape. Moreover, the punishment doesn't depend on the level of harassment done by each individual, the punishment will be same for everyone if they are involved. Punishment for those individuals who are involved in the sexual intercourse suffers more severe punishment. The punishment for sexual intercourse also doesn't depend on age and level of penetration, even a slight penetration is enough to make them suffer with life imprisonment.

Marital Rape | Sexual Crimes | Currently exempted from IPC

Rape is rape, be it marital or non-marital, the victim is only woman

When a husband executes sexual activities and sexual intercourse on his wife, but, without his wife's consent, then it is called marital rape. Technically, this isn't a rape, the sexual intercourse is between a husband and wife, however, we still can't deny the fact that 'no means no'. Moreover, the will and consent dose not mean the same thing, without every sexual intercourse is rape, be it marital or non-marital, the victim is only woman.

In India, marital rape is not a punishable offence, however, women can file FIR on behalf of domestic violence. In India, if a husband performs forceful sexual intercourse on his wife, who is above 15 years of age, it will not amount as rape.

Unnatural Offence | Sexual Crimes

Those sexual crimes, which involves the sexual intercourse beyond the order of nature, that is, penetration of penis in anus coitus.

Section- 377 IPC – Defines Unnatural sex offences, as sexual intercourse against the order of nature by men, women or animal and based on punishment for the same. It is necessary to have the assignment of the mental stage of the accused by skilled psychiatrist.

Sodomy

Sodomy refers to the forceful sexual intercourse, which includes the penetration of penis in the anal coitus. This sexual offence can be homosexual and heterosexual in nature. This act includes two agents called active agents (Culprit) and passive agent (victim). The sodomy has gained a widespread attention in recent times due to an unnatural advantage of not getting pregnant. Sodomy has gained widespread attention in children, adults and old subjects. This sexual crimes is widely performed for its two advantages, one for no conception and second for being both homo and heterosexual.

When sodomy is performed with old subjects it is called as gerontophilia, where as when performed with children, it is called as catamite. Sodomy is widely performed in the hostel inmates and police barrack inmates, because of not batter alternative to gain gratification.

Buccal Coitus

This type of sexual crimes includes the penetration of penis in the mouth or buccal coitus, for gratification, commonly called as oral sex. The forceful penetration of penis in the mouth is beyond the order of nature, because of direct transfer of various bacteria and pathogens. Oral sex often causes fatal buccal and stomach repercussion, because of infections. Just like sodomy, this sexual crime is also widely performed among the children, adults and old subjects. Buccal Coitus is also both homosexual and heterosexual, with no chance of conception. It is widely performed in the hostel inmates and police barrack inmates, because of not batter alternative to gain gratification.

Homosexual Activities

The sexual activates in which the participants belong to the same gender. For example, lesbianism, dushing, etc. Performing sexual activities with the same gender is against the order of nature. These activates are prevalent among the jail barracks and hostel inmates, with no better alternative for gratification.

Sexual Perversion | Sexual Crimes

Sexual perversions refers to the fantasies and sexual activity done to achieve the gratification and orgasm. The sexual perversion doesn't include the sexual intercourse. However, indulges in various other activities with the willing partner of opposite sex or same sexual maturity. Sexual perversions are basically mindsets to achieve the orgasm, moreover, sometimes refers to as addiction and mental disturbances.

Though sexual perversion is a crime, however, if done alone in house, it will come under right to privacy. Nevertheless, it will be considered as crime if activity involves any belonging of other individual.

The sexual perversions are classified into 3 types, one in which partner is not required, second in partner is required neglecting its willingness, and third, willing partner is required.

No Human Parner:

This category includes offences like Bestiality, Masturbation, Transvestic, Fetichism, etc.

Not Required Willing Partner:

This category includes offences like Trollism, Exhibitionism, Voyeurism, Necrophilia, Frotteurism, etc.

Willing Partner:

This category includes offences like Sadist, Bobbit Syndrome, Masochism, Child Prostitute, Satyriasis, Nymphomania, etc.

Reference

  • "Forensic DNA Typing" by John M. Butler

  • "The Forensic Casebook: The Science of Crime Scene Investigation" by Ngaire E. Genge

  • "Forensic Science: A Very Short Introduction" by Jim Fraser

  • "Practical Crime Scene Processing and Investigation" by Ross M. Gardner