The Legal Landscape of Digital Rape

The Legal Landscape of Digital Rape

Abstract:

Digital rape refers to a form of sexual assault where the perpetrator uses their fingers, toes, or objects to penetrate the victim's vagina, urethra, or anus without consent. Digital rape, encompassing acts of sexual violation perpetrated online or through digital means, presents unique challenges for legal systems. This article explores the evolving legal landscape of digital rape, examining how existing laws are being adapted and how new legislation is emerging to address this growing crime. It analyzes the difficulties in defining and proving digital rape, the impact on victims, and the international variations in legal frameworks. The article concludes by highlighting the need for ongoing dialogue and legislative reform to ensure comprehensive protection for victims of digital rape.

Introduction and meaning:

Digital rape is a form of sexual assault where the perpetrator uses their fingers, toes, or objects to penetrate the victim's vagina, urethra, or anus without consent. The use of penis is not necessarily important to declare it as an abuse or rape. This crime frequently takes place in the context of technology-enabled or online abuse. It may entail things like forcing victims to engage in sexual activity in public, releasing private photos without their consent, or making threats of sexual assault. The growth of digital rape in India corresponds with rising smartphone and internet usage. Although technology has many advantages, it also gives predators new ways to prey on weaker people. The legal system and law enforcement have particular difficulties in cases of digital rape in India, where sexual assault is still a major social problem.

Unfortunately, digital rape is a growing concern in India. Cases often involve partners or ex-partners seeking revenge, individuals exploiting power dynamics within relationships, or online predators targeting victims. The psychological trauma inflicted by digital rape is immense, with victims suffering from anxiety, depression, PTSD, and a deep sense of violation.

Digital forms of rape have received less attention in India's judicial system than physical types of sexual assault in the past. Nonetheless, there has been a recent push to expand the definition of sexual assault to include non-consensual sexual actions such as digital rape. Before the Criminal Law (Amendment) Act of 2013, 'digital rape' wasn't explicitly recognized within India's legal framework. These cases were often categorized under lesser offenses like molestation or criminal intimidation.

The 2013 amendment, enacted in the aftermath of the horrific Nirbhaya gang rape case, broadened the definition of rape under Section 375 of the Indian Penal Code (IPC). It now states that penetration of any orifice by an object or another part of the body (other than the penis) constitutes rape. Child rights NGO CRY conducted an examination of NCRB data and found that incidents of child rape, which includes all types of penetrative attacks, increased by 96% between 2016 and 2022.[1]

Legal framework:

These primary laws and provisions address digital rape in India, However, there is a need for more specific legislation and judicial interpretation to address the nuances of digital rape comprehensively.:

Indian Penal Code (IPC):

Section 375: Defines ‘rape’ and now includes digital rape.

Section 354: Deals with outraging the modesty of a woman.

Section 503: Criminal intimidation

Section 506: Punishment for criminal intimidation

Section 509: Insulting the modesty of a woman

Protection of Children from Sexual Offences (POCSO) Act, 2012: Provides comprehensive protection to children against various forms of sexual abuse, including digital sexual abuse.

Information Technology Act, 2000

Section 66E: Punishes the violation of privacy by capturing, publishing, or transmitting images of a private area of a person without consent

Section 67: Punishes the publication or transmission of obscene material in electronic form

Section 67A: Punishes the publication or transmission of material containing sexually explicit acts in electronic form

Case laws:

Cases that Helped Expand the Definition of Rape

State of Punjab vs. Gurmit Singh (1996):

Before this case, the legal definition of rape was very narrow, focusing solely on penile-vaginal penetration. In this judgment, the Supreme Court significantly broadened the definition, stating that penetration of any orifice by any object or part of the body (other than the penis) could constitute rape. This laid a crucial foundation for the later recognition of digital rape under Section 375 of the IPC.

State of Karnataka vs. Shivanna (2017): This case involved the insertion of fingers into a 3-year-old's vagina. The Court ruled it a 'penetrative sexual assault' under the POCSO Act. This further reinforced the broader interpretation of rape.

Cases Addressing Online Sexual Harassment and Abuse

State of Uttar Pradesh vs. Pappu Yadav - This case includes the victim being forced into performing sexual acts that were recorded and used for blackmail. This highlights how digital means can be used as coercion and exploitation tools.

Kalandi Charan Lenka vs. State of Odisha (2017): In this case, a man was convicted for morphing images of a woman and circulating them online. The Court upheld the charges of obscenity under Section 67 of the Information Technology Act and defamation under Section 499 & 500 of the IPC. This case demonstrated how images could be used as a weapon for sexual abuse.

Aparna Bhat vs. State of Madhya Pradesh (2021): This judgment explicitly acknowledged the profound harm caused by online sexual harassment and emphasized the need to protect women in the digital space. It set a precedent for future legal action against digital sexual violence.

NGOs for Victim Support:

National Commission for women has provided certain helplines numbers and legal aids for women going through any abuse of in need of any help. It started a number of initiatives to elevate women's status and promoted their economic empowerment[2]. Several NGOs in India offer support services to victims of sexual assault, including digital rape. Organizations such as the Rape, Abuse & Incest National Network (RAINN) and the Centre for Social Research provide counselling, legal aid, and advocacy for survivors.

Cyber Saathi: Focuses on combating cybercrime against women and children.

Sayfty: An organization focused on educating and empowering women on issues of safety and gender-based violence. They conduct digital literacy programs and promote responsible online behaviour.

Point of View: Provides a platform for women to share their experiences and advocate for change. A Mumbai-based NGO provides a platform where women can share their experiences anonymously, find solidarity, and offer support to each other.

The Red Dot Foundation (Safecity): A platform that crowdsources reports of sexual harassment and abuse in public and digital spaces. They organize awareness campaigns and engage with policymakers to create safer environments.

Conclusion:

Digital rape is a serious form of sexual violence that requires urgent attention from policymakers, law enforcement, and society as a whole. Strengthening legal protections, enhancing support services for victims, and raising awareness about consent and bodily autonomy are essential steps toward combating digital rape in India. Increased awareness, better reporting mechanisms, sensitivity in law enforcement, and swift prosecution are crucial. The collaboration between law enforcement, NGOs, and technology platforms is essential to combat this scourge and create a safer digital world for all. It won't get any better by-passing legislation and raising awareness. Women must speak out about little abuse in order to prevent larger crimes from being covered up. Every girl has experienced situations in which she has been subjected to inappropriate touching, inappropriate expressions, abuse, and suppression; sexual dominance in workplaces, schools, hospitals, and public transportation has caused them to become even more mentally traumatized; they have prayed to never be a girl again; they have stopped believing in men after hearing stories of fathers and brothers being involved in rape. Step forward to protect your moms; sisters, kids, give them the language to speak out against the perpetrators. Your ignorance may cause other women to suffer in silence, suffocate, and never receive the justice they deserve.

Author

Sneha, 2ND year student of LL.B. Professional course, Department of Law, Kurukshetra University, Kurukshetra

[1] Child rape cases: Child rape cases soar by 96 per cent from 2016 to 2022 due to higher reporting: CRY analysis - The Economic Times, https://economictimes.indiatimes.com/news/india/child-rape-cases-soar-by-96-per-cent-from-2016-to-2022-due-to-higher-reporting-cry-analysis/articleshow/107202636.cms?from=mdr (last visited Mar 5, 2024).

[2] Helplines | National Commission for Women, http://www.ncw.nic.in/helplines (last visited Mar 5, 2024).