Breaking the Silence: Male Rape

A Hidden Epidemic

Male rape is a serious issue that is often overlooked and underreported. The stigma surrounding male victims can prevent them from coming forward and seeking help. However, it’s crucial to understand that anyone can be a victim of rape, regardless of their gender.

By recognizing and addressing the issue of male rape, we can help to break the silence and provide support for survivors. It’s important to create a culture where victims feel safe and empowered to come forward.

In general, rape is characterised as a crime that men conduct against women. It has been described as the sexual victimisation of women by male accomplices, which is a manifestation of the patriarchal culture that condones rape. The belief that rape is exclusively a female-on-male issue excluded these rape survivors from the research spotlight, despite the fact that a sizable portion of rapes and other sexual assault victims are male. Male rape is considered taboo in society and is associated with stigma among heterosexual men. Male rape is always viewed through the lens of manliness and masculinity. As a result, the majority of victims were afraid to disclose their experiences of sexual assault.

Usually, their concern is that if they disclose the assault, people would question their sexual orientation, call them gay, or even think less of a man. [1] Because thousands of male victims were compelled by this dread to conceal and deny their abuse, thousands of rape cases remain unreported. Myths in society about men were a major factor in this, like:

• Men Are Not Sensitive

 in societies where men predominate, such as Pakistan and India. Because they are viewed as the strongest of all, men are forbidden from acting in ways that contradict their manliness, like crying in public. Men are seen as stronger than women in society, which implies that neither they nor their partners can be sexually assaulted. These societies think that sexual assault is limited to women. [2]

• Men Are Sex-Obsessed

Another common misconception about men in society is that they are constantly looking for sex and are readily aroused. This gave rise to the idea in society that most male-to-male sex is voluntary and can only occur when both parties are open to have fun with it. [3

• Bereavement

One such stereotype about men in society is that they experience less trauma. As a result, they are less vulnerable to abuse of any kind. Due to these macho attitudes, men were quiet victims of sexual assaults. But now that most of the nation has acknowledged that males can also be raped, it has become illegal.

Why is it Underreported?

1. Societal Expectations: Traditional gender roles often dictate that men should be strong and in control. This can make it difficult for male victims to admit vulnerability.
2. Fear of Judgment: Victims may fear being ridiculed, shamed, or disbelieved.
3. Lack of Awareness: Many people are unaware that male rape is a real issue, and there may be limited resources available to support victims.
4. Law Enforcement Attitudes: Some law enforcement officers may be reluctant to believe or investigate reports of experience
5. Victim Blaming: Victims may be blamed for their assault, leading to feelings of shame and guilt.

It’s important to understand that these factors can contribute to underreporting and prevent victims from seeking help. However, it’s crucial to remember that anyone can be a victim of rape, regardless of their gender.

The Impact of Male Rape

Male victims can experience a wide range of psychological and emotional consequences, including:

•  Trauma: Rape can lead to post-traumatic stress disorder (PTSD), anxiety, depression, and difficulty forming relationships.
•  Shame: Victims may feel ashamed or embarrassed about the assault.
•  Isolation: The stigma surrounding male rape can lead to feelings of isolation and loneliness.

Seeking Help

Difficulty Trusting Others: Victims may struggle to trust others after the assault.

Physical Symptoms: Some victims may experience physical symptoms such as headaches, stomach problems, or difficulty sleeping.

It’s important to note that these are just some of the potential impacts of male rape. The experience can be unique to each individual, and the effects may vary in severity.

If you or someone you know has been a victim of male rape, it’s crucial to seek help. There are many organizations and resources available to support survivors of sexual assault.

If you or someone you know has been a victim of male rape, it’s important to know that help is available. There are many organizations and resources dedicated to supporting survivor of sexual assault.

Laws Governing Male Rape in Various Nations

The term “non-consensual anal as well as vaginal penile penetration” was added to the statute relating rape and buggery was removed in the UK’s original “Criminal Justice and Public Order Act, 1994” rape statutes. For the first time, an attempt was made through this legislation to acknowledge male rape inside the UK judicial system. Subsequently, the “Sexual Offences Act, 2003 (England and Wales)” eliminated the ambiguous definition of indecent assault and further extended it to encompass even non-consensual penetration through the mouth. Penile penetration is still necessary for rape to be defined, though. Because women cannot currently be punished for raping males, the UK’s rape laws are still not gender-neutral.

Hence, rape laws of the UK are still not gender-neutral as women cannot be penalized for raping men as per the current definition. [4]

The “Sexual Offences (Scotland) Act, 2009” significantly amended Scotland’s rape laws, redefining it as: “The deliberate or careless insertion of the penis (to any extent) into another person’s mouth, anus, or vagina without that person’s consent or a reasonable suspicion that consent was obtained.” [5] The gender-specific phrase “women” was substituted with “person” in this definition in order to accommodate male victims. In a similar vein, rape laws in Northern Ireland have also been modified to acknowledge rape of men. The term “non-consensual intercourse by a man” was included in the previous definition of rape; however, under the “Criminal Justice (Northern Ireland) Order, 2003,” “non-consensual intercourse by a person” was later added to bring justice to male victims of In order to give justice to male victims of rape and make the law gender-neutral, the term “non-consensual intercourse by a man” was removed from the former definition of rape and replaced with “non-consensual intercourse by a person” under the “Criminal Justice (Northern Ireland) Order, 2003.” Furthermore, oral rape was added to this category by the “Sexual Offences (Northern Ireland) Order, 2008”. [6] Similar to these common law nations, civil law nations like the USA and Canada have made an effort to incorporate men in their rape laws by making them more gender-neutral. Definition of rape as per (United States Department of Justice, 2012) is:

“The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” [7]

This definition of rape is not restricted to cases where men rape women; it encompasses victims and perpetrators of all genders. In addition, rape with an item can be just as painful and dangerous as non-consensual penile penetration, according to US law now in effect. Unlike other countries where penetration of an object is deemed different from penetration of the penis and normally offers separate laws for it, the US was the first to equate penetration of an object with penetration of the penile and consider it rape. The Canadian government has gone one step further in making the rape laws more gender-neutral. The Canadian legislature approved “Bill C-127” in 1983, eliminating the crime of rape and establishing three tiers of sexual assault. In keeping with US legislation, Canadian law acknowledges infiltration.

Aligning with US laws, Canadian Law also recognizes penetration through object constitutes rape and penile penetration cannot be the sole ground for the offence of rape. [8]

Despite the changes in rape and sexual offences of these countries, there are still some countries like India, Pakistan where rape is continued to be seen as a gendered crime.

Indian Laws and Male Rape

 Penile penetration, or the insertion of any foreign object into the vagina without the agreement of the woman or girl, is considered rape in India. According to Section 375 [9] of the Indian Penal Code, rape is defined as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud, or at a time when she has been intoxicated or duped or is of unsound mental health and in any case, if she is under 18 years of age.” When we examine the definition, we discover that it draws two obvious inferences

• A male must always be the perpetrator of rape.
• A woman must always be the victim of rape.

As a result, the definition as a whole exclusively addresses the rape of women; male rape is not covered. It is evident that there is no specific legislation in India regarding the rape of a male by another male or a female by a male. Under section 377 [10] of the Indian Penal Code, which is based on the Buggery Act, 1533, unnatural sex is considered a “Act against god” and can result in sodomisation at most. [11] All other laws and sections are exclusively intended for females, with the exception of this one. The unequal treatment of male and female rapes has an impact on our constitution’s equalitarianism. POCSO, or “Protection of Children from Sexual Offences,” exists for sexual assault of male children, but not for

Though there’s POCSO (“Protection of Children from Sexual Offences”) for the sexual assault of male child such provision does not exist for an adult male. [12] There’s no reason, why instances of sexual assault on a male child are treated differently from a similar act committed against an adult male. If we made the provision for the rape of male child then why can’t we make similar provision for men also? The basic idea behind it is men in India considered as invulnerable and as ones who use their power to exploit women

Since the definition of rape in India is limited to the insertion of a penis or other object in the vagina, there have been an increasing number of cases of male victims of rape and sexual assault in India [14]. For example, on June 16, 2018, a 20-year-old boy in Ghaziabad was subjected to a sexual assault by five men, during which a foreign object was inserted into his rectum. Since our laws do not recognise such an offence, the case was filed under section 377 of the Indian Penal Code. In a similar vein, several instances of sexual violence against men occur within the military forces. [15]

The primary deficiency in the lack of legislation protecting men from sexual assault stems from the constitution itself. “The state shall not deny to any person equality before the law or equal protection of the laws within the territory of India,” reads Article 14 [16]. Moreover, according to Article 15 [17], “the state shall not discriminate against any citizen on the basis of any of them, including religion, race, caste, sex, or place of birth.” Furthermore, as per Article 15, clause 3, the State is permitted to make particular provisions for women and children, and nothing in this article shall prohibit them. Therefore, the state is permitted to define rape in the way that is specific to women, which is stated in Section 375 IPC. But if we go by this logic state through an amendment in Section 375 IPC can protect male as mentioned in Article 15. The state can introduce the rape laws that are more gender-neutral as we have to realise sexual assault is neither about sex nor about gender.

Thus it is legal on the part of the state to make the women-centric definition of rape which is stated in Section 375 IPC. But if we go by this logic state through an amendment in Section 375 IPC can protect male as mentioned in Article 15. The state can introduce the rape laws that are more gender-neutral as we have to realise sexual assault is neither about sex nor about gender.

Only two laws exist at the moment that acknowledge that men can also be sexually attacked. The “Protection of Children from Sexual Offences” (POSCO) is the first one, and it deals with sexual abuse of both male and female children. The second one is the UGC “Sexual Harassment of Women at Workplace Act,” which acknowledges that men and women experience similar levels of sexual harassment in the workplace. [18] The lack of male-specific rape laws in India heightened calls for gender-neutral legislation.

Conclusion

Legislators in India have changed the country’s criminal laws over the years to better suit societal demands. The amendment develops into a crucial tool throughout time to meet current needs. It is visible to us Women’s safety has greatly benefited from changes made to the definition of sexual offences against women following the Nirbhaya Case. The bill grants recognition to a number of acts that were previously not considered crimes, allowing all victims who are women to seek justice; nonetheless, it is exclusively applicable to women. The necessity of gender-neutral rape laws becomes urgently necessary. Keeping everything in perspective, the Criminal Law (Amendment) Bill, 2019 seeks to achieve this kind of advancement by calling for a gender-neutral section that punishes any form of sexual assault.

Hence putting in all into perspective, the Criminal Law (Amendment) Bill, 2019 aims to make such progress, when its calls for a gender-neutral section that punishes any form of sexual assault.

India’s criminal laws have undergone numerous revisions over the years to reflect changing circumstances. Women’s rights have greatly benefited by the new legislation pertaining to sexual offences against women that were implemented in the wake of the Nirbhaya incident. It permitted a range of offences that were not previous offences, giving every victim opportunity to enter the legal system. There were still a number of important unsolved questions even after the Apex Court ruled that Section 377 was illegal. The gap in Section 375 IPC, which labels a woman as the victim and a man as the culprit, went unnoticed by the Supreme Court when it legalised consensual homosexual relations.

Therefore, whether the victim and the offender are both male or female, there is a legal gap in this section. Even the Supreme Court refuses to consider petitions that demand gender-neutral rape laws, even when they say legislation will address the relevant issue. Due to the lack of gender-neutral regulations, most crimes go undetected or the culprit receives a light sentence. The majority of feminist organisations are opposed to the idea of gender-neutral legislation. Taking everything into consideration, the Criminal Law (Amendment) Bill, 2019 aims to bring about this change by proposing a gender-neutral section that penalises any form of sexual abuse.

 Reference(S) 

[1] India's law should recognise that men can be raped too, Centre For Civil Society (2014), https://ccs.in/indias-law-should-recognise-men-can-be-raped-too (last visited Apr 14, 2020).

[2] Owen Jones, Male rape survivors suffer in silence. We need to help them talk | Owen Jones, The Guardian, January 16, 2020, https://www.theguardian.com/commentisfree/2020/jan/16/male-rape-victims-sexual-abuse-support (last visited Apr 14, 2020).

[3] Id.

[4] (PDF) The scope of male rape: A selective review of research, policy and practice, ResearchGate, https://www.researchgate.net/publication/317729028_The_scope_of_male_rape_A_selective_review_of_research_policy_and_practice (last visited Apr 14, 2020).

[5] Id.

[6] Id.

[7] Jones, supra note 2.

[8] (PDF) The scope of male rape, supra note 4.

[9] Indian Penal Code 1860, Sec 375.

[10] Indian Penal Code 1860, Sec 377.

[11] Gazala Parveen, “Ought The Rape/Sexual Assault Law In India Be Gender-Neutral?, iPleaders (2019), https://blog.ipleaders.in/rape-sexual-assault-law-india-gender-neutral/ (last visited Apr 14, 2020).

[12] Aneesha Mathur New Delhi July 13, 2019UPDATED: July 13 & 2019 23:44 Ist, Bill to make sexual crimes gender neutral introduced in Parliament, India Today, https://www.indiatoday.in/india/story/bill-to-make-sexual-crimes-gender-neutral-introduced-in-parliament-1568504-2019-07-13 (last visited Apr 14, 2020).

[13] Rituparna Chatterjee, “The mindset is that boys are not raped”: India ends silence on male sex abuse, The Guardian, May 23, 2018, https://www.theguardian.com/global-development/2018/may/23/indian-study-male-sexual-abuse-film-maker-insia-dariwala (last visited Apr 14, 2020).

[14] Patrizia Riccardi, Male Rape: The Silent Victim and the Gender of the Listener, 12 Prim. Care Companion J. Clin. Psychiatry (2010), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3067991/ (last visited Apr 14, 2020).

[15] Dhananjay Mahapatra | TNN | Dec 24, 2006, & 23:11 Ist, Rape, sodomy equal before law? | India News- Times of India, The Times of India, https://timesofindia.indiatimes.com/india/Rape-sodomy-equal-before-law/articleshow/915960.cms (last visited Apr 14, 2020).

[16] Constitution of India 1950, Article 14.

[17] Constitution of India 1950, Article 15.

[18] DelhiJuly 13, July 13, and Ist, supra note 12.