Saturday 12 May 2012

Emedinews:Insights on Medicolegal Issues:What is the legal definition of Rape?


What is the legal definition of Rape?
Rape is not a medical diagnosis. It is a legal definition. Rape is the commission of unlawful sexual intercourse or unlawful sexual intrusion and it constitutes more than 90% of all the sexual offences in our country. Section 375 of IPC defines that a man is said to have committed "rape" falling under any of the six following descriptions:
  • First – against her will.
  • Second – without her consent
  • Third – 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.
  • Fourth – 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.
  • Fifth – with her consent, when at the time of giving such consent by reasons of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
  • Sixth – with or without her consent when she is under 16 years of age exception in case of sexual intercourse by a man with his wife, the wife not being under 15 years of age, is not rape


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