The mental well-being of a rape survivor

Mental fitness states are real health difficulties. People with complicated mental health situations die early as much as two decades early due to preventable physical health. According to the World Health Organization, ‘Mental Health’ is interpreted as a state of well-being in which every person understands his or her potential, can cope with the general pressures of life, can work productively and fruitfully, and is capable of making an enrichment to her or his society.

To address the problem of mental morbidity, an aspiration law was discovered titled “Mental Healthcare Act, 2017” (starting now referred to as MHCA 2017[1]. According to Section 2(s) of MHCA 2017; “mental illness” suggests genuine concern of meditation, feeling, understanding, introduction or consciousness that grossly undermines understanding, performance, ability to understand actuality or expertise to reach the ordinary requirements of life, mental fitness related with the harm of liquor and drugs, but does not involve mental retardation which is a situation of arrested or inadequate expansion of consciousness of a person, particularly described by subnormality of intelligence. However, Section 3(1) MHCA, 2017 [2]declares that Mental Sickness shall be resolved following such nationwide or globally trusted medical standards.

The influence of sexual violence can be utterly disastrous, which is not only restricted to physical injury but stretches to emotional distress as well. The emotional distress emerging from the assault is so painful that it transmits the victim in handcuffs, making her or him appear worried, terrified, confused, and even tortured by flashbacks, disturbing memories, and illusions.

Rape survivors carry psychological injuries and continuously deal with psychic wellness concerns that involve depression, stress, post-traumatic stress disorders (also popularly known as PTSD), substance abuse disorder, drunkenness, narcotic habit, chronic exhaustion, social abandonment, sleeping dysfunction, anorexia, bulimia, and questionable character troubles.

The shock provoked by such sexual assaults is painful and often accompanied by emotions of weakness, blame, self-blame. In several cases, sufferers are so terrified with the happening of the conflict that they begin avoiding mirrors. The various unpleasant truth of our community is that the sufferer is lowered upon and overlooked and frequently criticized. The structured arrangement forever breaks in, implementing mental solace and love for the survivors.

Rape

Section 375 of Indian Penal Code, 1860 [3](from now on referred to as IPC), provides for Rape. According to the section, a man is said to commit “rape” if he has sexual intercourse with a woman under specified circumstances falling under any of the six following descriptions:

Against her will.
Without her consent.
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.
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.
With her consent, when, at the time of giving such consent, because 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.
With or without her consent when she is under sixteen years of age.

Unlike any other offense, this offense starts with the expression “Male.” This is an offense that is typically male-dominated, and the offender necessarily has to be a male. However, in a case where a woman has jointly helped a man in committing Rape, she will be guilty of “abetment of rape” [4]According to Section 10 of IPC[5], the word “man” denotes a male human being of any age. However, Section 82[6] and Section 83 of IPC [7]offer qualified immunity to boys below the age of twelve years.

Before the ‘The Criminal Law (Amendment) Act, 2013’, to constitute the offense of Rape, sexual intercourse by a man with a woman was necessary. On careful perusal of Explanation to Section 375, mere slightest or partial penetration of the male organ with the labia majora or the Vulva is sufficient to constitute sexual intercourse. Penetration is the sine qua non of the offense of Rape. However, the 2013 Amendment widened the definition of Rape. Unlike its earlier version, ‘rape’ is not confined merely to a penile-vaginal penetration in the specified circumstances but is also extended to

penile-urethra, penile-oral, or penile-anal penetration;
object-vaginal, object-urethra, or object-anal insertion;
Insertion of a part of the body, other than the penis, in the vagina, the urethra or anus of a woman;
manipulation of any part of the body of a woman for causing vaginal, urethral or anal penetration, and
Application by a man of his mouth to the vagina, urethra, or anus of a woman or making her do so with him or any other person. Nevertheless, the offense, in its entire essence, means an idea of coercive non-consensual sexual intercourse between a man and a woman in a set of specified circumstances.

A man is charged with the offense of Rape if he has sexual intercourse with a woman without her consent. Want of consent is the essence of the crime. Consent must be given freely, and it must not be obtained by fraud or by mistake or under the misconception of a fact. After the 2013 amendment and due insertion of Section 114 A, IPC[8], the alleged act of sexual intercourse was against or without the consent of the prosecutrix will be presumed ipso facto, unless the contrary is proved. In other words, the burden of proof shifts to the accused to prove his innocence. However, Section 114 A is available to cases that fall under Section 376(2), IPC, and not to cases that fall under Section 376(1) IPC.

Section 376, IPC provides for the punishment for Rape. Following Section 376(1), whoever commits the offense of Rape shall be punishable with rigorous imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to excellent. However, sexual intercourse or sexual acts by a man with his wife does not constitute an offense of Rape provided that the wife is above 15 years of age.

Period of Limitation

There is no statute of limitations in criminal cases. Since Rape is a criminal offense, it is not prohibited by a period of limitation. Nevertheless, it grows irritable to confirm that the offense of Rape has been performed if sufficient time lapses as the crucial proof can quickly tamper.

Burden of Proof

The following are the essentials that require to be established while ascertaining the crime of Rape:

The accused man held sexual intercourse with the woman in question;
There was penetration;
The said sexual intercourse was below incidents happening under any of the seven classifications as defined in Section 375; and
The woman was not the wife of the accused, and in the case where the woman is the wife she is under the age of 15 years

In a case of Rape, the burden of proof is continually on the prosecution to prove each component of the offense and onus affirmatively never changes. The burden of proof is on the prosecution to show the absence of consent. Punishment for Rape depends practically uniquely on the evidence of the prosecutrix.

[1] In India, the Mental Health Care Act 2017 was passed on 7 April 2017 and came into force from 7 July 2018.
[2] (1) Mental illness shall be determined in accordance with such nationally or internationally accepted medical standards (including the latest edition of the International Classification of Disease of the World Health Organisation) as may be notified by the Central Government
[3] Rape
[4] Priya Patel v. State of M.P
[5] “Man”, “Woman”.—The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age.
[6] Act of a child under seven years of age.—Nothing is an offence which is done by a child under seven years of age.
[7] Act of a child above seven and under twelve of immature understanding.—Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
[8] Abettor present when offence is committed.—Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.