What is Rape – Is Fingering Rape ? Know what the Indian Penal Code has to say about “rape” and “fingering”

Urban Dictionary defines Rape as ‘The forced act of sexual intercourse, fingering, inappropriate touching.’ Further adding that Rape is defined as unwanted sexual acts that involve penetration, be it with the penis or finger, in the vaginal region, or the anus.  Often violent, and the key term to remember is UNWANTED. It is a crime, extremely traumatizing. It will always leave a scar, mentally.’

Now what is Fingering?

According to Wikipedia,

Fingering is the manual (genital) manipulation of the clitoris or other parts of the vulva, the vagina, the foreskin, or the anus for the purpose of sexual arousal and other sexual stimulation.

fingering rape What is Rape   Is Fingering Rape ?

But Is The Definition of  ‘Rape’ in Indian Judiciary The Same As That of the Dictionary?

Well, before February 2013, India’s definition of rape did not match the above definition because back then, according to section 375 of Indian Penal Code ‘Rape’ revolved only around sexual intercourse. However, post February 2013, everything changed.

Effective February 2013, the definition of Rape was expanded. Rape is now included as a crime of sexual assault, which is currently defined for the purposes of Indian penal code as:

fingering section 375 amended laws What is Rape   Is Fingering Rape ?

A person is said to commit “sexual assault” if that person –

(a) penetrates his penis, to any extent, into the vagina, mouth urethra or anus of another person or makes the person to do so with him or any other person; or

(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 another person or makes the person to do so with him or any other person; or

(c) manipulates any part of the body of another person so as to cause penetration into the vagina, urethra, anus or any part of body of such person or makes the person to do so with him or any other person; or

(d) applies his mouth to the penis, vagina, anus, urethra of another person or makes such person to do so with him or any other person;

(e) touches the vagina, penis, anus or breast of the person or makes the person touch the vagina, penis, anus or breast of that person or any other person, except where such penetration or touching is carried out for proper hygienic or medical purposes under the circumstances falling under any of the following seven descriptions :–

Firstly – Against the other person’s will.

Secondly – Without the other person’s consent.

Thirdly – With the other person’s consent when such consent has been obtained by putting such other person or any person in whom such other person is interested, in fear of death or of hurt.

Fourthly – When the person assaulted is a female, with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes to be lawfully married.

Fifthly – With the consent of the other person when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by that person personally or through another of any stupefying or unwholesome substance, the other person is unable to understand the nature and consequences of that action to which such other person gives consent.

Sixthly – With or without the other person’s consent, when such other person is under eighteen years of age.

Seventhly – When the person is unable to communicate consent.

Explanation 1.– Penetration to any extent is “penetration” for the purposes of this section.

Explanation 2 – For the purposes of this section, “vagina” shall also include labia majora.

Explanation 3 – Consent means an unequivocal voluntary agreement when the person by words, gestures or any form of non-verbal communication, communicates willingness to participate in the specific act: provided that, a person who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

There is only one exception here as follows:

Sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of age, is not sexual assault.

Rape Laws in India What is Rape   Is Fingering Rape ?

Fingering Is Rape In India

The above amended law clearly states that Fingering is rape. Fingering like sexual intercourse can neither get a woman pregnant nor does it mean that the girl has lost her virginity, although there are chances that a girl might break her hymen, but fingering without a woman’s consent, definitely accounts as a rape. By fingering, we mean, fingering in urethra, anus or vagina as stated in the law.

Makes me think – If Mr. Tarun Tejpal was accused before February 2013, his alleged crime would not have qualified as rape – But now (after the changes in law) his alleged crime does qualify as rape (These are my opinions, of course).

Interestingly enough in the United States the laws are a bit different, Bill Clinton used exactly this argument (there was no sexual intercourse) – to escape any prosecution and did not have to admit any wrong doing in the Monica Lewinsky incident!

Source: THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2013

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