Redefining rape: A medico-legal call for justice

Rape is one of the most heinous crimes that can happen in a society. In ensuring justice for rape victims, an unbroken chain of medical evidence plays a significant role. However, in many cases, an inchoate legal conceptualisation of rape downplays sexual violence and its gruesomeness.

Section 375 of the Penal Code 1860 states that, a man is said to commit rape, if a sexual intercourse with a woman happens under certain statutory circumstances. An explanation to the section states that penetration is sufficient to prove sexual intercourse. This century old rape definition coupled with the explanation is silent as to what extent penetration is sufficient to constitute rape. This inchoate rape definition often puts medical officers in a serious dilemma. This is high time this archaic definition was changed.  In this regard, the amended rape definition of Indian Penal Code is a good example to consider.

In a bid to prioritise rape justice, in the post-2012 gang rape context, India amended section 375. After amendment now the section is defined broadly as this "a man is said to commit rape if he (a) 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 (b) 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 (c) manipulates any part of the body of a women so as to cause penetration into the vagina, urethra, anus or any part of body of such women makes her to do so with him or any other person or (d) applies his mouth to the vagina, anus, urethra of the woman or makes her to do so with him or any other person. This amended provision looks beyond the colonial conception of 'rape' and duly considers the needs of time and the changing facets of rape violence in general.

Defining rape narrowly is particularly problematic and the same can keep numerous instances of sexual violence amounting to rape outside the perimeter of what is statutorily defined as 'rape'. Medically speaking, complete act of intercourse is not necessary for an act to constitute rape. Rape can be committed even when there is inability to produce a penile erection. Rape can occur without causing any injury and as such negative evidence does not exclude rape.

The writer is a medical student at Tairunnessa Memorial Medical College and Hospital.