Kerala High Court Rules: Non penetrative sexual acts without consent also count as Rape

KERALA: This week Kerala High Court passed a judgement that all non-penetrative sexual acts without consent shall be considered rape under Indian law. To specify manipulating a part of the victim’s body to get the feeling or sensation of penetrating a hole can induce rape crimes as defined in Section 375 of Indian penal code.

“We know in our mind that, when the body of the victim is manipulated to hold the legs together for the purpose of simulating a sensation akin to penetration of an orifice; the offence of rape is attracted. When penetration is thus made in between the thighs so held together, it would certainly amount to “rape” as defined under Section 375,” said the court.

The high court made this decision after an 11-year-old girl filed an FIR against neighbour, that he frequently have sexually harassed her by placing his penis between her thighs. Even after being found guilty by the lower courts in Kerala, the accused filed an appeal against the judgment as he didn’t “penetrate any orifice”. While reviewing all the loopholes the criminals used to get the law in their side a decision like this was very necessary.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s