Digital Rape: A Newer Terminology In The Sexual Offences

What is Digital Rape?

By the appearances of it, one could be mystified by the definition and implications of “digital rape” and even think that the quote refers to illicit conduct performed via the internet. Is there a connection between this phenomenon and cybercrime? Is the victim’s body genuinely exploited by digital rape? Many of us might have assumed that digital rape pertains to online sexual harassment or cybercrime that doesn’t actually incorporate the body. However, cybercrime or sexual offenses performed online or in the virtual environment have little to do with digital rape. It is the indictable offense of putting one’s fingers and toes to penetrate without consent. The term “digit” refers to the toe, finger, and thumb. “Digital Rape” is penetrating the victim with the same against her will.

Loopholes in Indian Judiciary System Covered in 2013 Amendment

The label “Digital Rape,” is pretty recent because earlier, such acts were regarded as molestation rather than rape. Rape is defined as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation, or cheating, or at a time when she is intoxicated, misled, or is of unstable mental state, and in any event if she is under 18 years of age” in Section 375 of the IPC. India’s rape laws needed to be overhauled immediately in the wake of the terrible murder of Nirbhaya in 2012. So, before 2013, the definition of rape did not include digital rape. After two prominent instances of “Digital Rape,” the term “rape” was broadened in 2013. The two incidents are mentioned below-

  • Incident 1: 2-year-old child digitally raped in Mumbai

A 2-year-old girl was bleeding as she was transported to the hospital in Mumbai. Her vagina was perforated, yet there were no indications of sexual violence or rape according to the examination results. Later, however, it was revealed that her own father was prodding his daughter with his fingers. Despite being captured, he was spared any punishment or charges under Section 376 of the IPC, which regulates offenses rape and sexual assaults.

  • Incident 2: 60-year-old senior citizen digitally raped in Delhi

A 60-year-old woman was the victim of a sexual attack by an auto-rickshaw driver in Delhi. The driver used an iron bar to pierce his elderly customer, who was attending a relative’s marriage ceremony. Once more, the driver was imprisoned but not found to be guilty in accordance with Section 376 of the IPC.

Regarding rape crimes, the definition of rape, sexual offenses, and the laws governing them, Section 375 of the IPC has a plethora of flaws. Such assaults were not covered by the law at the period. It was tough for the government to resolve these situations in accordance with current rape statutes. After, 2013, a new part was implemented in the legislation to safeguard women and young girls from these disgusting acts. The current definition of rape is “forcibly inserting a penis, a foreign object, or any other part of the body into a woman’s genitalia, mouth, anus, or urethra.”

Punishments For Digital Rape In India

The POCSO Act and IPC Sections 375 and 376 both specify the penalty. According to the POCSO Act, the culprit will face a five-year prison sentence, and if the offense is covered by Section 376 of the IPC, the jail term may be enhanced from 10 years to life imprisonment.

The following clauses under POCSO deal with penalties:

  • Section 3 of the POCSO Act
  • Section 5(m) of the POCSO Act
  • Section 6 of the POCSO Act

The Rape Laws of IPC and CRPC are:

  • IPC 228A[2]
  • 114-A[3] of the Indian Evidence Act
  • CrPC 53(1)[4]
  • CrPC 164A[5]
  • CrPC 327(2)[6].

1. 65-year-old Akbar Ali digital raped a three-and-a-half-year-old girl

A 65-year-old man was recently sentenced to life in prison for performing digital rape on a three-and-a-half-year-old baby girl at Salarpur locality in Uttar Pradesh’s Noida. Akbar Ali, a native of a village in Malda, West Bengal, has been identified as the perpetrator. Ali visited his married daughter in Salarpul village in Noida Sector 45 in 2019. At that time, he manipulated the neighbor’s young girl by promising to offer her chocolate. He digitally raped the girl in his residence. A medical examination conducted after the girl’s parents submitted a formal police report and the assault was later affirmed as rape. In light of the evidence and eight testimonials, the district and sessions judge sentenced Ali to life behind bars. The POCSO (Protection of Children from Sexual Offence) and Sections 375 and 376 of the Indian Penal Code (IPC) were employed to charge the accused.

2. 50-year-old Manoj Lala was arrested for digitally raping a seven-month-old girl child

A seven-month-old girl toddler was digitally raped by a 50-year-old guy named Manoj beneath the Noida Phase-3 police precinct region.

3. 81-year-old artist digitally raped a 17-year-old girl for over seven years

An 81-year-old graphic artist was arrested in Noida in May 2022 on accusations of supposedly ‘digitally raping’ a 17-year-old girl for more than seven years. According to the cops, the offender resided with the little child victim as her caregiver.

4. A father digitally raped his 5-year-old child

In an elite community in Greater Noida, a 5-year-old child was reportedly the prey of digital rape by his father in June 2022. The girl’s complaints of genital soreness led to the discovery of this tragic occurrence.

5. A four-year-old girl digitally raped in her school

In Noida, a four-year-old child is accused of being the victim of a digital rape inside the grounds of her school. The mother realized something, according to the report, when she collected her daughter from school and she spoke of body irritation.

Conclusion

Rape is a despicable offense. And undoubtedly it is no longer constrained to coitus. So, this concept of Digital Rape is devised to shield women and children from being forced. The terrible Nirbhaya case compelled the Supreme Court to modify its notion of rape in light of the fact that there are alternative ways for a perpetrator to violate a woman’s or child’s basic decency. Criminals attempt to digitally rape women and children thinking that they are not physically assaulting their bodies with their penis so they will not be punished. These cases are extremely difficult for the government to prosecute under previous Indian penal laws. It is hoped that the introduction of Digital Rape to the range of classifications of rape (Date rape, Marital rape, Custodial rape, Gang rape, etc.) and the penalty for it will ensure adequate protection for women against such horrendous crimes perpetrated by violent offenders.

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