• Legis Scriptor

Sexual Assault

Authored By- Sneha Saha

Keywords: Rape, without consent, sexual contact, harassment.


Sexual assault is underreported and more than one-half of assaults are committed by someone known to the victim. Although both women and men can be sexually assaulted. But mainly women are seen at greater risk. Some groups are more vulnerable including adolescents, survivors of childhood sexual abuse, or physical abuse, a person who is homeless or poor. This study includes the various causes which lead to an increase in the number of sexual abuses and rape against women and also men, adult, and child. An emphasis has laid on the possible emotional, psychological, and mental impacts which may be suffered by the victims. Prevention of sexual assault is societal and should focus on public health education, safety, and support programs to reduce this kind of assault.


Sexual Assault is viewed as one of the genuine and basic wrongdoing which we hear and watch in the ordinary premise. It is predominant wrongdoing in our general public and it is devasting and has a drawn-out impact on the people who face this. What's more, this sort of attack and wrongdoing damage one individual as well as purpose a lasting mental, medical issues, physical damages, pregnancy, and sexually transmitted diseases. So the communities and specialists should make strides and offer help to the survivors of the attack. Communities and specialists ought to get hold of those guilty parties and appropriate discipline ought to be given and moves ought to be made to prevent further causing this sort of wrongdoing. The casualties of sexual misconduct or assault ought to need brief convenient administration in intense settings. Clinicians should be aware of measurable proof and legitimate procedures. Tragically, precise data about the degree of rape and assault is hard to acquire because the majority of these wrongdoings go unreported to police.

What is Sexual Assault?

Sexual assault can be essentially depicted as undesirable sexual conduct that is utilized by guilty parties as an approach to affirm force and power over individuals. It can likewise be depicted as sexual contact that avoids assault or endeavored assault. This incorporates sexual contacting and stroking. In most cases assault may include power which may incorporate, yet isn't restricted to: Use or show of weapon, Physical battering, Immobilization of the person in question. All the more frequently, in any case, rape includes mental pressure and exploiting a person who is under coercion or weakened and, thusly, unequipped for settling on a choice on his/her own. It happens without consent.

Types of Sexual Assault

Sexual assault includes:

· Rape—sex against an individual's will

· Forcible object penetration—penetrating someone's vagina or anus or making that individual enter her or himself, against that individual's will

· Marital assault

· Unwanted sexual contacting

· Sexual contact with minors, regardless of whether consensual or not

· Incest (Sexual intercourse or sexual interruption between relatives.)

· Any undesirable or pressured sexual contact

Other sexual violations include:

· Sexual provocation

· Solicitation of minors through the Internet

· Possession of kid sexual entertainment[i]

Who are the victims and perpetrators?

Victims of Sexual Assault are as follows:

· Women

· Children

· Orphans

· Men

Perpetrators of Sexual Assault are :

· Family members

· Neighbors

· Strangers

· Seniors

· An acquaintance

Effects of Sexual Assault

Sexual Assault in adolescence or adulthood impacts the person in question, yet besides, the casualty's loved ones just as society overall. In such a manner, rape is a general medical issue that worries everybody. Sexual Assault has various potential outcomes that can endure forever and length ages, with genuine unfavorable impacts on wellbeing, training, business, wrongdoing, and the financial prosperity of people, families, networks, and social orders.

Every survivor of sexual assault has a different way of reacting and dealing with sexual assault.

The following reason is quite normal and is usually happens :

1. Shock and denial

One might not accept the situations and will always think about " Did it happened ?" and "Why me?".

2. Fear

One might feel that thoughts of the offender is haunting, and experience the fear of the offender, of being alone.

3. Silence

One cannot describe or talk about the assault, what happened, in fear of being judged and how others going to react.

4. Anxiety

Wrong thoughts can come into head continuously, it becomes very difficult to relax

5. Depression

One might feel extremely depressed and get an emotional breakdown.

6. Guilt and blame

The victim may ask oneself " Why I didn't fight back ?", " Why I allow it ?"

7. Low self-esteem

One fight feels extremely low, ashamed, dirty, and not worthy anymore.

8. Isolation

One can feel to be alone, not to talk with anyone and isolate oneself from family and friends.

9. Nightmares and flashbacks

The victim may have nightmares about the incident and flashbacks about it. And the images of offenders haunt daily and sleep.

10. Loss of confidence

One might not concentrate on work and studies, lack confidence with friends and with others

11. Loss of trust

One might start feeling insecure and find it hard to trust people around or family.

Why do people sexually assaulted others?

Sexual Assault is not always of offenders getting pleasure from sex. It can be also about enjoying seeing oneself asserting those power and control over someone. They enjoy seeing others who are being assaulted, crying for help and one getting scared of those offenders makes them feel powerful. A few guilty parties have been mishandled themselves, yet this isn't generally the situation. Sexual assault is genuine wrongdoing and is never the deficiency of the survivor.

Myths and Facts regarding Sexual Assault

Myths: Casualties incite rapes and assault when they dress provocatively or act wantonly.

Facts: Rape and Sexual assault are crimes of violence and control that can be seen from a person's determination to exercise control and power over anyone. A provocative dress or acting in wanton doesn't invite unwanted sexual activity.

Myths: Only young pretty women are assaulted.

Facts: Sexual assault is a crime of power and control. The offenders choose those on whom they believe can assert power easily. Sexual assault can come from all ways of life. They can of any age group, from very old age to very young.

Myths: Cannot consider sexual assault true if it does not happen after taking drugs or alcohol.

Facts: Being under influence of alcohol or drugs doesn't mean inviting for consensual sexual activity. Others choose to taken advantage of his/her by seeing them in that vulnerable position.

Myths: Just women are casualties of rape or assault, and just men only do this crime

Facts: Both women and men can be explicitly attacked or assaulted, and aggressors can be male or female with any sexual direction.

Myths: Someone can be assaulted only if a weapon is involved.

Facts: In many cases, the weapon is not involved in sexual assault. Many use physical power, strength, violence, or force to overpower the victims.

Obstacles to justice for survivors of Sexual assault in India

Sexual assault survivors who choose to report the cases face many difficulties to justice in India.

Specialists and other clinical experts now and then actually power survivors to go through the "two-finger test," further damaging ladies and young ladies while exposing them to an obtrusive and debasing attack with no clinical premise and gambling expanding mental mischief on the head of the injury previously endured. Survivors may have incredible trouble getting to advising administrations, or have no entrance, and should battle with lacking legitimate help, remembering delays for recording their objections. Survivors presenting situations where the blame was from a ground-breaking foundation likewise confronted pressure from cops to drop their case or to "bargain," instead of pushing their case ahead through the legal framework, which adds to the nation's low conviction rates.

Sexual assault laws and punishment

Sections 375, 376, 376A and 376B by exchange the present sections 375, 376, 376A, 376B, 376C and 376D of the Indian legal code,1860, exchange the word `rape' where it happens by the words `sexual assault`, to create the offense of regulatory offense gender-neutral, and conjointly widening the scope of the offence regulatory offense. The penalization for the regulatory offense is for a minimum of seven years which can reach imprisonment for keeps and conjointly fine for the aggravated regulatory offense, i.e., by a policeman among his jurisdiction or an employee/manager or person talking advantage of his position of authority, etc. The penalization is rigorous imprisonment that shall not be but 10 years which can reach imprisonment and conjointly fine. The age of consent has been raised from sixteen years to eighteen years in the regulatory offense. However, it's projected that the sexual issues by a person with their spouse being beneath sixteen years mature aren't a regulatory offense.[ii]


Despite many years of legitimate activity, steps, and consideration we can see those sexual wrongdoings, attack stays a genuine and unavoidable issue across all the spots. This sexual assault just harms the lives, wellbeing, money related autonomy, and chances of endless casualties. Rape is about between the play of intensity, control, and sex present in each spot. Furthermore, this attack can emerge out of any path and from anybody. Much sexual assault or sexual violations are not announced in light of being judged and accepting terrible remarks from the general public. So appropriate and exacting laws ought to be taken and solid reaction and discipline ought to be given to the wrongdoers. Health professionals should play a large role in supporting the victims of assault.

[i] 2020. Types Of Sexual Assault - Women's Center. [online] Available at: <> [Accessed 19 September 2020]. [ii]LAW RESOURCE INDIA. 2020. SEXUAL ASSAULT – LAW RESOURCE INDIA. [online] Available at: <,18%20years%20in%20sexual%20assault.> [Accessed 19 September 2020].