While rape is a predominantly female social experience, the offence of rape continues to be viewed and defined in law from the male social perspective. Since penetration is central to the male idea of sex, it is also the focus of the offence of rape, regardless of its disconnect with female sexuality, desire, or violation. The Criminal Law (Amendment) Act, 2013, though progressive in many ways, is also steadfast in its adherence to the penetration paradigm. In this paper, I argue that rape should be viewed as a violation of sexual autonomy and bodily integrity, rather than an act of penetration, and the legal definition of the offence ought to be expanded accordingly. This would facilitate a more wholesome, gender-just approach to the crime.
"Reconceptualising Rape in Law Reform,"
Socio-Legal Review: Vol. 13:
2, Article 5.
Available at: https://repository.nls.ac.in/slr/vol13/iss2/5