Sociolegal and psychopathological aspects of victim of rape and rapist in modern Indian Scenario

摘要

Legally rape is defined as unlawful sexual intercourse by a man with a woman against her will and without her consent or with her consent when the consent given by the woman is invalid in the eyes of law eg, she is under the age of sixteen years or she is under the influence of drug or alcohol or she is not mentally sound or she was threatened to submit herself to sexual intercourse. The term "rape" is derived from Latin term "rapio" which in English means "to seize". Thus the term "rape" implies forcible seizure of woman or ravishment of her without her consent, by force, fear or fraud. Social norms used to give a stigma to the victim of rape to the effect that she is a bad woman with loose character with the belief that the unlawful sexual intercourse on her could not be performed without her will and consent for the act. This scenario has changed to a great extent with formation of Human Rights Commission, Women Rights Commission and WHO stipulations for care and protection for women. At present social consideration in this regard is that rape is not only (should) be regarded as a mere criminal act but it is also a crime against humanity. It is to be kept in mind that nature made this arrangement for sexual intercourse for propagation of species. Nature also had provided a mental urge to perform sexual intercourse with intention of having sexual pleasure or sexual gratification.