Introduction to Rape against Men
The term “rape” refers to any act of sexual violence or sexual activity that is performed against women via the use of force, coercion, or undue influence. The Indian Criminal Code gives its definition under Sections 375 and 376 respectively. Because our society is patriarchal, however, it is generally accepted that sexual violence only occurs against women. Patriarchal society is the reason why no one ever discusses sexual violence or sexual harassment against men.
In contemporary Indian society, there is a strong stigma against male-on-male rape. The current generation has reached a point in our society when male rape is commonplace. Due to the patriarchal nature of society, men are reluctant to broach the subject of male rape, even though there have been incidents reported in the news and there have been examples of males being raped.
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There are a number of reasons why rape against men is never brought up in conversation, including the following:
One of the key culprits is the patriarchal social structure that prevails in our culture. Everyone agrees that men should have a more manly or tough demeanour. They are unable to feel pain, which makes it challenging for them to communicate or share when they are tormented.
It is unacceptable for a man or a woman, or even another male, to harass a man in our society because men are presumed to be primarily engaged in sexual activity.
A lack of education, as no one will ever instruct a male child on what constitutes appropriate or inappropriate touch.
In our culture, rape amongst men is still looked down upon. The majority of adults will not believe a child who is male and who reports that he was inappropriately touched by another individual, even his parents or another adult.
On the Sexual Exploitation of Males in Other Countries, Gender Neutrality
In certain nations, there is no distinction made between male and female victims of rape.
In several nations, including the ones listed below, rape refers to an act committed against a transgender person regardless of their gender.
In the United States, the legal definition of rape does not include the terms “woman” or “girl.”
The statistics that are provided by governmental entities such as the United States Department of Justice and the Centers for Disease Control and Prevention serve as the foundation for the modification of this definition. According to the findings of a study carried out by the CDC, 1 in 71 men had either been the victim of sexual assault or the intended target of an assault attempt.
This study’s definition of penetration included both oral and anal penetration; however, it did not include men in prison or those who were forced to be penetrated. The impression that rape is uncommonly committed against men has been challenged thanks to gender-neutral laws, and other laws have done away with the concept of rape entirely.
With reference to the Philippines Until the change that was made in 1997 to the Revised Penal Code of 1930 in the Philippines, male rape victims were not recognised under Philippine law.
The legal definition of rape is “an act of sexual assault,” which can be committed by anyone, either by “inserting his penis into another person’s mouth or anal orifice” or by inserting “any instrument or object” into another person’s genital or anal orifice. Both of these acts are considered to be a form of genital or anal orifice mutilation. The modification that took place in 1997 made it possible for guys to legally rape other males or females.
On the other hand, the consequences for raping boys are not the same as those for doing the same thing to girls. The legal term for rape committed against boys is “rape by sexual assault,” and the sentence for such a crime can range anywhere from six to twelve years in jail.
In Northern Ireland, rape laws were also revised such that the word “non-sensual intercourse by males” was changed to “non-consensual intercourse by person.” Formerly, the term “non-sensual intercourse by men” had been used. Each living being can be considered a person, regardless of their gender.
The Indian legal system regarding rape of males
There is only one law in India that addresses the issue of male rape, and that law is found in section 377 of the Indian Criminal Code. If the female criminals have committed crimes against either men, women, or animals, then they are eligible for inclusion in this section. It is stated in section 377 that:
“Unnatural sexual offences- Anyone voluntarily has carnal inter�course against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with impris�onment of either sort for a time which may extend to 10 years, and shall also be liable to fine. Penetration alone is sufficient to constitute the carnal intercourse that is required for the commission of the offence that is defined in this section.”
It states that anyone who commits rape or sexual violence against any living thing, whether it be a man, a woman, or an animal, will be punished to life in jail or 10 years in prison, in addition to a fine. This applies regardless of whether the victim is a human or an animal.
In India, as in every other country, there is no law that specifically prohibits raping males by other males. The rape of men that occurs inside our culture is consistently ignored or disregarded by the Indian Parliament. According to social norms, men are expected to act manly and should never be subjected to sexual assault or physical harm.
This is not even close to being accurate. Despite the fact that women and other men are capable of sexually assaulting and harming men, society chooses to overlook this reality.
Even though male rape has been widely reported in the media in recent years, no one seems to take the issue seriously when it comes up in particular court cases or news reports. There are many reasons why cases of male rape are not reported, despite the fact that there are frequent stories in the news or the media.
According to CNN news, a child who was 12 years old was found in serious condition in Delhi after he was said to have been gang-raped and beaten terribly in Delhi.
His parents filed a complaint with the Delhi Commission for Women regarding their son’s plight with the commission. The incident occurred on September 18 at Seelampur, and according to the statement, three guys raped the youngster over the course of the assault.
After September 22, a report was filed, the Delhi Women’s Commission examined the situation, and two people were detained as a result of the investigation.
According to the statement, the parties in question lived in close proximity to one another, and one of the accused was connected to the victim. They have not been charged at this time.
According to NDTV news, in 2018, a man raped a youngster who was only 14 years old after luring him into a room, locking the door behind him, and performing the act.
The truth was revealed to the boy’s mother after he experienced some embarrassment. He had swallowed rat poison after being attacked, which ultimately led to his death as a result of poisoning.
According to the findings of the medical examination, he was sodomised. Once some time had passed, the case was eventually closed, nobody discussed it, and within a few months, the boy’s father took his own life.
According to the findings of several experts, whether the victim of abuse or sexual harassment is a boy, parents frequently do not disclose it because they are embarrassed or because they feel pressured by society. They are optimistic that he will be able to go through this psychological ordeal.
Perspective
According to me, males are also victims of sexual assault, and the majority of them endure their trauma in secret as a direct result of patriarchal society. They are expected to have characteristics that are more manly in accordance with the gender construct. Those who have been raped or sexually attacked as boys or men are susceptible to the same mental repercussions as other survivors of sexual violence.
People are eager to listen to the stories of survivors on specific pages, but this is not enough; it won’t change the fact that guys have feelings, they can feel pain, and they may be raped by men or women just like anyone else. There must also be laws specifically prohibiting the rape of males.
In addition to this, the sentence for raping a girl kid has doubled from 10 to 20 years, but the sentence for raping a boy child remains the same at 10 years. This is an obvious kind of prejudice against women.
People respond to him by asking, “Why are you complaining?” or by telling him to “Just enjoy it and shut up.” This is because the societal stereotype states that all males want sex with women or men, therefore anyone who rapes him is doing what he wants.
This is very unjust to any guy or boy, and if a male child has been sexually abused, how would he know whether the person touching him was being kind or inappropriate?
We live in a culture where it is expected of men to be masculine; he is also not allowed to show emotion, and women are seen to be more fragile than men. If something were to happen to a man, people would think that they are weak, but men are not weak. That is not something to be taken lightly. Many have the misconception that men are base creatures who only seek to have sexual encounters, but this is completely untrue.
Males have the ability to decline, and while women and men are equally responsible for obtaining their consent, men also have the freedom to refuse. There are some men who don’t play the pity card, but they’re human too. We can’t point the finger at anyone else because these kinds of regulations were either set by us or by society. The concept of gender is an invention of society. It is necessary for all of us to alter these structures.
Conclusion
It has been determined that the rate of male rape in India is on the rise, and the majority of these incidents go unreported. There is a lack of legislation currently in place. Regardless of social status or gender, the punishment for raping a man victim should be just as severe as the punishment given to a male offender of rape.
The mental, physical, and emotional suffering experienced by the male victim is identical to that experienced by the female survivor. This crime is being ignored by the Indian legislature, and the country desperately needs to pass gender-neutral laws in order to catch up with the rest of the developed world.
The legal system in India needs to come to terms with the fact that everyone, including women and transgender individuals, is capable of being raped by men, and that the social construct of gender needs to be revised.
This is a significant problem, and the government need to treat this topic with the gravity it deserves. To effect change in countries that are patriarchal and characterized by stereotypes, separate laws will need to be enacted. The voices of male victims must be heard.
