What is Digital Rape? Laws Related to Digital Rape – Judiciary Exam – Free PDF

What Is Digital Rape?

• Since there are incidents of sexual assault through digital mediums, the phrase “digital rape” may conjure up images of the web or the cyber environment.
•  ‘Digital rape’ does not refer to any sexual offence committed online, such as defacing an individual’s identity on the internet or misusing any online platform.
• It does, however, apply to the conduct of forcefully inserting one’s fingers or toes into the private parts of an individual without their consent. Since the term ‘digit’ in the English vocabulary implies finger, thumb, and toe, the act has been termed ‘digital rape.’
• Until December 2012, ‘digital rape’ was deemed as molestation and did not fall under the definition of rape.

Reports

• 70% of the time, the person who offended the modesty of a woman or violated the dignity of a child, are someone who they knew personally. Usually, these crimes are committed by the people who are close to the victim. Cousin, close friend, uncle (other relatives), neighbors’ and in some cases their own father came out to be accused.
• 29% of the time the offender was someone whom the victim knew through their social circle. Someone they knew through their friends or work circle. Or someone they are meeting for the first time through a date.
• 1% of cases registered in which the offender was a stranger.
• Rape, as per the new definition, in section 375(b) is defined as the

A man is said to commit “rape” if he–

• (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;
• While major digital rapists are booked and tried under Section 375,
• minor digital rapists are tried both under Section 375 and the 3 (b) POCSO Act.

Punishment for digital rape

• Under the POCSO Act, the offender faces at least 5 years jail term. However, if a person is charged under Section 376, this punishment can be extended to ten years or even life imprisonment.

Where does it appear in the law?

• Despite the fact that digital rape is a gender-neutral term that covers all types of victims and offenders, Indian legislations only define female victims and male offenders.

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