According to section 375 of the IPC, a man is said to commit rape if:
- penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
- inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
- manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any of body of such woman or makes her to do so with him or any other person; or
- applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,
under the circumstances falling under any of the following seven descriptions:
- Against her will.
- Without her consent.
- with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.
- with her consent, when the man 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. This also includes the case when the man has sexual intercourse with the victim under the promise that he will marry her.
- with her consent when, at the time of giving such consent, because of being intoxicated or drugged, she is unable to understand the nature and consequences of her consent.
- with or without her consent, when she is under eighteen years of age.
- when she is unable to communicate consent.
- has sexual intercourse or sexual acts with his own wife, but who is under fifteen years of age.
The law explains that consent means an unequivocal voluntary agreement from the woman. In other words, the woman must have communicated her willingness to participate in the specific sexual act through words, gestures or any form of verbal or non-verbal communication. However, the law specifically states that if the woman does not physically resists the act of penetration, it does not mean that she has given consent – this alone is not counted as her willingness to participate.
You should also know about the medical aid that is to be given to a victim of sexual assault.
Here are some important things to keep in mind during the whole legal and recovery process of a victim.