A Multi-Dimensional Analysis Of Laws Relating To Rape

Author: LawSphereX

Category: Criminal Law

Published: 2026-08-23T17:20:22.094Z

Updated: 2026-08-30T07:12:55.465Z

A MULTI-DIMENSIONAL

ANALYSIS

OF LAWS RELATING TO RAPE

Sachi Hiranandani, Symbiosis Law School Hyderabad

ABSTRACT

In this paper, the researcher elaborates on the rationale behind the rape law guidelines and its evolution. The paper further gives a multi-dimensional analysis of India and a global perspective on the reform of rape laws and its present position. The research has taken into account several Law Commission Reports, the Criminal Law Amendment Act, 2013 and the Criminal Law Amendment Act, 2018. Further, this paper discusses the need for these amendments and the face of rape laws globally, like in Germany, France, Italy and Arab Countries and compares it to Indian Rape Law. Therefore, this research mainly focuses on addressing the major lacunas in not only Indian law but also a global perspective on the reform of rape laws and its present position.

CHAPTER I

INTRODUCTION

Rape is, without question, as old as humanity. It is as old as our scant six millennia of documented history and embodied in pre-recorded stories. A history of the city that endured the most recent widespread rape of its women when it surrendered to the Japanese troops in

1937. The "rape of the Nanking," as witnessed by countless neutral observers, became a

worldwide phrase. These examples demonstrate that wartime rape has existed since ancient times. 1 Sir Matthew Hale, Lord Chief Justice of the King's Bench, provided the most insightful description of rape legislation2; “rape is an accusation easy to be made, hard to be proved, and harder to be defended by the party accused though ever so innocent. ”3 The notion of rape has remained consistent throughout history. There have been minor modifications from time to time and from place to location. The conduct has always been widely referred to as "rape," and no alternative word has been proposed. 4 The Code of Hammurabi dates to the early seventeenth century before Christ and contains the first written rules that criminalise rape.

5 Rape was defined as the “unlawful carnal knowledge of a female over ten years of age by a man, who is not her husband against her will, or where permission was extorted by force or without her conscious or by fear of bodily harm; and of a female without or without her consent” in later English common law. Further, this definition has minor tweaks; besides the age of the girl in all jurisdictions, only the age of consent has been raised to a more realistic level. This definition presents the three significant essentials: force, sexual intercourse and lack of support. From here onwards, the meaning was interpreted broadly. The penetration of the male organ into the female vulva or labia is not required to reach the vagina and the chastity of women is not considered essential for rape, and her unchastity is not a mitigation or considered a defence.

6 The concept of punishing the offender of Strisangrahana (rape) was traced during

1 Cyril J. Smith, History of Rape and Rape Laws, 60 WOMEN LAW. J. 188 (1974).

2 Ronet Bachman & Raymond Paternoster, A Contemporary Look at the Effects of Rape Law Reform: How Far Have We Really Come?, 84 THE JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY (1973-) 554 (1993). 3 History of the Pleas of the Crown | work by Hale | Britannica, https://www.britannica.com/topic/History-ofthe-Pleas-of-the-Crown (last visited Sep 27, 2023).

4 State v. Christopher, 149 N.W. 40,167 Iowa 109.

5 Code of Hammurabi - World History Encyclopedia, https://www.worldhistory.org/Code_of_Hammurabi/ (last visited Sep 28, 2023).

6 Smith, supra note 1.

Mahabharata or the Ramayana as it was viewed that there were outrages of a women's modesty in many instances, which at some point led to great disasters in the life of the accused Ravana or Dushashana.7 Therefore, we can see that even in ancient, medieval times, rape and its consequences/punishment were witnessed. It is imperative to note that the East India Company set up the criminal justice system in India. Thus, the Indian Penal Code of 1860 came into place, which further established the provision for rape and its punishment.8 This research paper discusses the need for these amendments and the face of rape laws globally with a deep analysis of Indian rape law. This paper also aims to discuss the criticisms faced and the loopholes that exist in the systems.

RESEARCH

OBJECTIVE

The main objective of this paper is to analyse the various rape law reforms that have come into place. This paper discusses the rationale behind the rape law and its evolution. The paper also analyses and compares the existing laws and amendments that took place due to which rape was and is considered a grave concern. Another objective of this paper is to discuss the element of consent, inclusive of the topic of marital rape in the legal definition of rape. The paper further gives a multi-dimensional analysis of India and a global perspective on the reform of rape laws and its present position.

RESEARCH

METHODOLOGY

The methodology employed in this paper contains both a qualitative and quantitative approach to get a comprehensive analysis of rape laws. Firstly, a deep study of the historical aspect related to rape laws globally and specifically is conducted. Quantitative data like crime statistics is taken to provide empirical backing to the research paper. The present is a doctrinal study including primarily published work and journals. Laws and codes of other countries have been inculcated as primary research sources. Secondary material such as digests, observations in a court judgement, and research work presented in debates have also been used for the study. 7 Keith Burgess-Jackson, Statutory Rape: A Philosophical Analysis, 8 CAN. J. L. & JURISPRUDENCE 139 (1995).

8 Pamini Kasera, A Historical Analysis of Rape Laws in India, SSRN JOURNAL (2020),

https://www.ssrn.com/abstract=3619807 (last visited Sep 28, 2023).

RESEARCH QUESTIONS/HYPOTHESIS

The research questions that arise after reviewing and analysing the topic are:

1) How rape laws have been reformed over the years (2012-2023)?

2) What were the interpretations taken into consideration for each anti-rape law?

3) What are the basic features in the definitions of rape in different countries?

4) What historical and cultural factors contribute to these differences?

5) How do rape laws in various nations approach the question of consent?

6) What role does consent play in prosecuting rape cases in these jurisdictions?

7) How do nations determine and enforce the age of consent, and how does this affect cases of

sexual assault involving minors?

8) Is there a difference in the age of consent across areas of the same country?

9) How far has the world come concerning anti-rape laws?

LITERATURE REVIEW

To analyse the topic of this paper, the researcher has taken reference to “Comparison and Critical Analysis on Rape Laws in India (Before and After Criminal Amendment Act 2013)” by Rajeev Ranjan9, which highlights the inadequacy of the current punishments, which often result in lenient sentences. It emphasises the absence of marital rape in India. Two specific cases, Kaini Rajan v. State Of Kerala 10 and Parminder Ladka Pola v. State Of Delhi11 are cited to illustrate legal complexities and the varying outcomes of rape trials. These cases showcase the complexities of rape trials in India, particularly concerning factors like the credibility of

9 Rajeev Ranjan, Comparison and Critical Analysis on Rape Laws in India (Before and After Criminal

Amendment Act 2013), 6 (2018).

10 Kaini Rajan v. State of Kerala, 4 MLJ (CRL) 62, 2013.

11 Parminder Ladka Pola v. State of Delhi, [2017 (7) SCC 171].

the prosecutrix, the age of the victim, and the conduct during the time of the offence of the accused. The researcher has also referenced the paper “The Cultural Context of Rape” by Barbara Findlay 12 to establish the ancient view of Rape, also known as Strisangrahana in Ancient India. Further, the paper titled “Why always she, not he? An extensive and twisting road ahead” by Shakir Radhanpurwala is based on the need for gender equality concerning rape laws and how the POCSO act covers both a boy and female children; however, the system fails to consider men and aren’t given an equal chance of justice. “A Critical Analysis of Marital Rape in India” by “K. Abhay Narayan”13 states that India is the only country which has not criminalised marital rape, unlike 52 other countries.

Further, the author “Soyonika Gogia” gave a comparative analysis of rape laws concerning the UK, USA, Canada and India to establish how each country views the essential of consent in her paper titled “ Consent Matters. ” “Thinking Rape Laws: A Comparative Study on Element of ‘Consent’ in Context of Rape Laws of India and Europe” by Swati Yadav and Nikhil Adsule 14 gives the researcher a deeper understanding of the varied judicial interpretations of rape laws and further determines the importance of acknowledging ‘sex without consent’ as rape.

ANALYSIS

CHAPTER II: BRIEF

BACKGROUND

Although rape is one of the most terrible and barbaric crimes ever perpetrated, it has been difficult to define it as it was considered a crime against a woman's physical integrity and sexual liberty.15 As a result, rape was only regarded as a crime because it infringed another man's

12 Barbara Findlay, The Cultural Context of Rape, 60 WOMEN LAW. J. 199 (1974).

13 Abhay Narayan K., A Critical Analysis of Marital Rape Laws in India, 5 Issue 1 INDIAN J.L. & LEGAL RSCH.

1 (2023).

14 Consent Matters

A Comparative Study of Rape Laws in India, UK and Canada, INTERNATIONAL JOURNAL OF LAW MANAGEMENT & HUMANITIES, https://www.ijlmh.com/paper/consent-matters-a-comparative-study-ofrape-laws-in-india-uk-and-canada/ (last visited Oct 3, 2023).

15 Rashmi Singh, Rape Laws in India

An Analysis, 5 Issue 2 INDIAN J. L. & LEGAL RSCH. 1 (2023). property rights. 16 To understand the essentials of rape laws, it is very important to understand both the dynamics of sexual violence and its history. The next chapter will dwell on the reform of rape laws in India. CHAPTER III: RAPE LAW: REFORM IN INDIA Several Law Commission Reports have highlighted the need to improve India's rape laws. The Criminal Law Amendment Act, 201317 made substantial revisions, and the Criminal Law Amendment Act, 2018,18 was a watershed event, particularly in the case of rape against teenage girls. Statistics from 2018 indicated roughly 34,000 registered as rape, with approximately 150,000 cases still awaiting trial, underlining inadequacies in our criminal justice system19. This section deals with the various reforms from pre-independence to the present.

(A) BEFORE INDEPENDENCE During British rule in India, the courts of the East India Company accepted and applied Muslim punitive laws in the area of criminal justice. Thomas Macaulay was in charge of developing a substantive criminal law code for India, which included rape laws, with Section 359 defining the offence and Section 360 punishing it. 20 The Criminal Amendment Act of 1925 21 was passed, setting the age of consent at 14 for adulterous cases and 13 for marital situations, which Dr Hari proposed to amend Section 375, extending the age of consent to 14. For the first time, this amendment distinguished between married and extramarital rape cases, with separate consent age requirements. The age of consent was revised once more, with Dr Hari Singh Gaur drafting legislation in 1927 to elevate it to 14 years for marital cases and 16 years for adulterous patients.

Concerning marriage, the

16 Rebecca Whisnant, Feminist Perspectives on Rape, in THE STANFORD ENCYCLOPEDIA OF PHILOSOPHY

(Edward N. Zalta ed., Fall 2021 ed. 2021), https://plato.stanford.edu/archives/fall2021/entries/feminism-rape/ (last visited Sep 29, 2023).

17 Criminal Law Amendment Act, 2013, (Act No. 13 of 2013), Acts of Parliament, 2013.

18 Criminal Law Amendment Act, 2018, (Act No. 22 OF 2018), Acts of Parliament, 2018.

19 Kasera, supra note 8.

20 RAPE AND INDIAN PENAL CODE

A WAY FORWARD FOR A GENDER – JUST SOCIETY - MLCJournal, http://mlcjournal.org/index.php/2021/04/22/rape-and-indian-penal-code-a-way-forward-for-agender-just-society/ (last visited Oct 3, 2023).

21 The Criminal Amendment Act, (Act 7 of 1925).

Age of Consent Committee suggested replacing the term 'rape' with ‘marital misbehaviour. ' And including rape outside of marriage under IPC, Chapter 20. (B) AFTER INDEPENDENCE In 1949, rape laws were amended, notably regarding the age of consent. The 42nd Law Commission Report 22 was given to the Union Law Minister by the Law Commission in 1971. A Joint Committee was formed to evaluate the IPC (Amendment) Bill, 197223, and its report was delivered on February 29, 1976. The committee's primary findings were as follows: § Sexual intercourse in a marital relationship, regardless of her age, was not considered rape by the committee. § Given the seriousness of the offence, the maximum sentence was decreased from life imprisonment to ten years. § In situations of rape of a judicially separated wife, a three-year sentence was proposed.

(C) LANDMARK REFORMS IN RAPE LAW TILL PRESENT DAY Following India's independence, the feminist movement in the 1970s came to light with concerns such as rape by police, the army, and well-known persons. Following the Mathura Rape Case 24 in 1972, the IPC underwent significant revisions, notably in defining aggravated rape. This case became a national issue, uniting feminist organisations across India. Mathura, a 16-year-old girl, was reportedly raped by inebriated police officers in this case who was an Adivisi girl. Despite her bravery in reporting the incident, the lower court rejected her claim of lax morality. The Nagpur Bench of the Bombay High Court overruled the judgement, but the Supreme Court finally exonerated the police officers. The Supreme Court's rationale, which included the absence of apparent injuries considered the biggest flaw and Mathura's alleged agreement,

22 Law Commission Report No. 42- Indian Penal Code, LATESTLAWS.COM,

https://www.latestlaws.com/library/law-commission-of-india-reports/law-commission-india-report-no-42indian-penal-code/ (last visited Oct 3, 2023).

23 The Criminal Law (Amendment) Act, 1972, Act 31 of 1972.

24 Tuka Ram And Anr v. State Of Maharashtra, (1979) AIR 185.

sparked massive protests and the Law Reform Movement, resulting in legislative amendments in 1983. The gang rape of a 23-year-old on a moving bus horrified the country in 2012. The outpouring of public indignation and calls for legal reform led the Indian judicial system to review existing criminal legislation. The government formed the Justice Verma Committee to suggest measures to prevent crimes against women, promote faster trial processes, and raise punishments for sexual assault. After the Nirbhaya case25, the Justice Verma Committee, comprised of Justice J. S. Verma, Justice Leila Seth, and Gopal Subramanian, presented several recommendations. They advocated broadening the definition of rape to include non-consensual sexual penetration, eliminating the two-finger test, raising the consent age to 18, and other changes.

The Justice Verma Committee 26made numerous significant suggestions, including campaigning for the death sentence in the most heinous rape cases, ending the invasive two-finger test used to detect vaginal muscle laxity, and raising the consent age from 16 to 18 years. When this was approved by the legislative body, resulting in the Criminal Law (Amendment) Ordinance, 2013, being replaced by the Criminal Law (Amendment) Act, 2013. The Criminal Law Amendment Act of 2013 made significant reforms, including making even the threat of rape a crime. It also established new provisions to the Indian Penal Code (IPC), including 354A, 354B, 354C, and 354D, to define and penalise sexual harassment. This broadened the definition of rape to include crimes such as stalking, acid assaults, and voyeurism, with acid attacks covered by special IPC sections (326A and 326B).

With the insertion of Section 53A in the Indian Evidence Act (IEA), modifications relating to the victim's past sexual encounters or her "character" is inadmissible in court in cases involving sexual assault or rape held in Sakshi v. Union of India and Ors27. Furthermore, Section 114A IEA was revised to state that if a woman says in court evidence that she did not consent to sexual intercourse under Section 375(2), clauses 'a' to 'n' of the IPC, the court must conclude that she did not consent. Furthermore, the age of consent was raised from

16 to 18 years, and the minimum sentence for rape was increased from seven to ten years, and

in cases where the victim died, the accused faced the death penalty or life in jail. Furthermore,

25 Mukesh & Anr v. State for NCT of Delhi & Ors (2017) 6 SCC 1.

26 Committee Reports, https://prsindia.org/policy/report-summaries/justice-verma-committee-report-summary (last visited Oct 3, 2023).

27 Sakshi v. Union of India, AIR 2004 SC 3556.

the Juvenile Justice Act reduced the age at which a person might be prosecuted as an adult for severe offences such as rape and murder from 18 to 16 and included all variants of penetration. Many riots and agitations have been caused in society due to the gruesome rape crimes committed for which rights of women in a rape case have been provided, the right to zero FIR, where police are liable to make the FIR without lodging any enquiry into the situation has become a must as the urgency and the victims' situation is critical. Free medical treatment has been offered to rape victims, covered under Section 375 and 164A of CrPC. 28 Only lady doctors to approach the victim, and the ban of the two-finger test as per the Lillu Alias Rajesh vs State of Haryana29, where the court interpreted the privacy and mental integrity of the victim.

Harassment-free and victim compensation schemes have been said to be implemented in the case of Nipun Saxena vs Union of India30. Thus, there is an immediate need for special courts, political sensitivity and the ability to control worsening situations by providing the victim immediate care and rights. In Mahmood Farooqui v. State (Govt. of NCT of Delhi) the word consent, which distinguishes sexual intercourse from rape, was diluted. This case law is an example of the travesty of justice and how change in perspective must be implemented. Protection of Child against Sexual Offences (POCSO): Between 2001 and 2011, India had a massive increase in child rape incidents, with figures suggesting a stunning 336% increase. The National Crime Record Bureau (NCRB) documented around 48,338 rape cases31.

Before the passage of the Protection of Children Against Sexual Offences (POCSO) Act in 2012, the only relevant provision relating to sexual offences against children was the concept of statutory rape' under the Indian Penal Code (IPC), which only included girls under 16 years. As a result, laws against child sexual assault were enacted in India. The POCSO Bill was enacted by the Indian Parliament in 2011, and it went into force on May

28 Narendra Kumar v. State (NCT of Delhi), (AIR 2012 SC 2008).

29 Lillu Alias Rajesh v. State of Haryana, 2013 (2) ACR 1832.

30 Nipun Saxena v. Union of India, (2019) 2 SCC 703.

31 Sexual violence against women

Understanding cross-cultural intersections - PMC, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3777345/ (last visited Oct 3, 2023).

22, 2012. 32 The POCSO Act defines several offences and investigation methods, such as: § Involving the insertion of a penis, object, or another body part into the kid's vagina, urethra, anus, or mouth or encouraging the youngster to do so with them or another person, and addressing incidents of aggravated/penetrative sexual assault. § Sexual Harassment includes making sexually provocative words, gestures, or noises, following the youngster repeatedly, or indecent exposure and sexual misbehaviour. § Child Pornography: The watching or gathering pornographic content involving minors is illegal. § Child Sexual Abuse Facilitation: Treating individuals who assist or promote child sexual abuse as offenders. § In addition, section 42 of the POCSO Act is amended by inserting sections 376DA and 376DB of the Indian Penal Code, 1860, to reinforce legal sanctions against child sexual abuse.

Latest Reforms in Rape Laws in India: In Jarnail Singh v. State of Haryana 33(2013), cases where the child's age is to be determined and conflicts with the Juvenile Justice (Care and Protection of Children) Rules, 2007, will fall under the POSCO Act. Further, a landmark judgement where “skin to skin” touch was not present would constitute molestation under the POSCO Act. 34. With the modern era and the ongoing topic of consent, the POSCO Act has received much attention; the 22nd Law Commission has received much criticism for not reducing the age criteria for the reasons girls above the age of 16 fall in love and elope and in situations involving tactic approval. However, with landmark judgements, it is advised to go with “guided judicial discretion” rather than moving ahead with punishment, reducing the age criteria.

A child is incapable of giving consent, and it is an important tool not only to stop rapes but also child trafficking and

32 The Protection of Child from Sexual Offences, 2013 (Act no.32 of 2012).

33 Jarnail Singh v. State of Haryana, AIR 2013 SC 3467.

34 Attorney General for India v. Satish and another, (LL 2021 SC 656).

prostitution which can be done in the garb of child marriage. In the researcher's opinion, the Child Marriage Act is a weak law and does not address the sexual relation of a minor, and the sole reason of the POSCO Act would lose its value in case any such change is done with respect to age. In January 2018, an 8-year-old girl called Asifa Bano was kidnapped from her village and tortured to three days of relentless rape. Tragically, she was slain in Jammu and Kashmir's Kathua district. Sanjhi Ram, the temple priest, was the principal culprit in this case, and he was joined by his son and nephew, both of whom were minors. The savagery of this crime, which included a kid and occurred within a temple, generated national indignation and put enormous pressure on the government to make punitive reforms for the offence of rape in the Criminal Justice System.

35 Following this, the anti-rape legislation targeting officers was approved. Consequently, on April 21, 2018, the Criminal Law Amendment Act 2018 got presidential assent, introducing substantial changes in the Indian Penal Code, 1860, the Code of Criminal Procedure,1973, the Indian Evidence Act, 1872 and the POCSO Act, 2012. CHAPTER IV GLOBAL DIMENSION OF RAPE LAW The UN General Assembly's Resolution 48/104 explicitly recognises "violence against women, including rape, as a violation of human rights and a form of gender-based violence. " Furthermore, rape is classified as a crime against humanity under Article 7 of the Rome Statute, which regulates the International Criminal Court. (A) How consent plays an important role in the Global perspective: The importance of consent in defining rape cannot be overstated.

Consent describes an individual's self-perceived attitude towards their surroundings, which includes numerous cognitive and emotional processes. According to Rule 70 of the International Criminal Court's Rules of Procedure and Evidence, a victim's silence or lack of resistance to alleged sexual abuse does not constitute consent. This

35 Asifa Bano vs Ut Of J&K And Others, 2008(2) SCC 409.

recognition is critical since psychologists increasingly recognise "psychological paralysis" or "freezing" as frequent responses to sexual assault. In the New Zealand case of M. v. M. , hesitant submission and submission after persuasion were deemed consent, but unwilling submission did not qualify as consent in Lawson v. Lawson. In India, the law regards non-consensual compliance as non-consensual, emphasising that a lack of physical resistance does not constitute agreement. This shift in legal thinking was precipitated by the infamous Mathura case, in which submission was misconstrued as permission, leading to an outcry and a change in law. However, in the recent case of Raham Ali v. The State of Assam and Anr36, the court set aside the order due to a lack of evidence and no medical proof. This shows that interpretation depending upon each fact and circumstance matters.

In a landmark decision, the European Court of Human Rights emphasised that the "absence of permission" rather than proof of resistance by the survivor is an essential aspect in proving the offence of rape. In this instance, a Bulgarian adolescent claimed that she was raped by two people when she was fourteen years old. The prosecution concluded the investigation, noting no physical resistance from the victim, while the accused claimed she had consented. 37 The European Court of Human Rights ruled that the study did not fulfil the criteria of Articles 3 and

8 of the European Convention on Human Rights because it did not thoroughly investigate the

circumstances or judge the reliability of competing witnesses. Some European nations, such as Germany, have turned towards more "consent-centric" reports of rape, recognising that sexual intercourse against the victim's "discernible will" constitutes rape. In 2019, Greece joined similar efforts by classifying sex without consent as rape. (B) The Harsh and Inequitable reforms across the world: Many Arab nations have laws that enable a rapist to avoid punishment if they marry the victim. Although these laws may impose harsh consequences for rape, such as life imprisonment or even the death penalty, the clause that allows rapists to avoid punishment through marriage remains a significant issue. For example, the Criminal Codes of Iraq, Syria, Lebanon, Libya, Kuwait, Bahrain, Algeria, Tunisia, and the Palestinian Territories provide that if the rape

36 Raham Ali v. The State of Assam and Anr, (2023) 08 GAU CK 0038.

37 M.C. v. Bulgaria, Eur. Ct. H.R., 39272/98 (2003)

perpetrator legitimately marries the victim, any legal action against them is null and invalid, investigations are halted, and penalties may be overturned. 38 The underlying motivation behind these regulations is to protect the victim's reputation in a society that significantly values a woman's virginity. However, when followed by marriage, this practice legitimises rape, rewards the rapist, and fails to protect victims. In nations such as the United Arab Emirates, Saudi Arabia, Sudan, Qatar, and Mauritania, obtaining a rape conviction usually necessitates either the rapist's confession or the evidence of four adult male witnesses. This onerous requirement inhibits rape survivors from reporting the crime because they fear being prosecuted for adultery, which is prohibited in many areas. The 'Girl of Qatif' case in Saudi Arabia is one terrible example. Seven guys raped her in a group.

At her trial in 2006, she was sentenced to 90 lashes for being alone in a car with a guy she was not married to. The rape could not be proven in court due to lack of witnesses and the men changing their confessions during interrogation. These legal flaws, such as the burden of proof and the practice of enabling rapists to avoid punishment through marriage, highlight the profound cultural, social, political, and legal issues that Arab governments face regarding women's rights. Despite minimal victories in altering or removing specific law prohibitions, the general future for women's rights in the area remains bleak, especially in light of the region's continued instability and extremism's dominance over modernity. 39 CHAPTER V

COMPARATIVE

ANALYSIS

and submission by defining consent as unequivocal voluntary agreement. GERMANY Section 177 of The Criminal Code defines Rape. Any physical evidence is enough to decide the element of consent present and the new law considers all form of nonconsent. The need for proof of violence and focus is merely on the basis of fear or danger. FRANCE Article 222 of The Criminal Code defines Rape. The provision makes no clear reference to consent. The emphasis is on coercion and exploitation A lack of a strong emphasis on consent may make it difficult to prosecute in situations where compulsion is not obvious. ITALY Article 609 of the Criminal Code defines rape. The definition lacks any indication of consent and the court when analysing requires a need for violence and does not take resistance into consideration. It is a force-centric law.

CHAPTER VI

CONCLUSION

RECOMMENDATIONS

AND OPINIONS The Society has come a long way regarding reforms carried out in Rape Laws. There have been substantial changes not just in punitive reforms but also in a uniform view towards the outlook towards consent in rape trials. However, despite such reforms, there are still many shortcomings in rape laws, not just in India but in many other developed and developing nations. Practically, there are a lot more reforms that need to be carried out and implemented to make sure that the Victim does not suffer again to get justice; this goes without prejudice to the fact that there should remain a fair trial but a fair trial by easing the burden on the victim and to make sure that she does not suffer the trauma that she has already been through as a Victim.

There have been guidelines from the Supreme Court of India concerning treating the victim in a rape case, but the same has not been sufficient for conducting trials reasonably quickly on the victim. This calls for establishing special courts designated to handle only Rape cases, as has already been done for POSCO cases. There must be particular practice directions to conduct trials to ensure the victim does not suffer while seeking justice. It is further recommended that India gets a need for criminalising marital rape, and a committee should look into the lack of comprehensive consent education and offering lenient punishment to the accused. A gender-equal law is required to be made that does not look at only a female perspective.