Understanding the Concept of Digital Rape
Definition
Digital rape’ is a burning topic around the country there is the assumption that the term ‘digital rape' is linked to the sexual offenses committed in the digital world, however, digital rape has nothing to do with the internet, computers, phones, laptops or Meta-owned platforms. Digital Rape refers to the act of penetration using fingers or toes without the consent of the victim. The word “Digital” derives its meaning from the English word ‘digit’ which means finger, thumb, and toe.
History
Before the infamous Nirbhaya Gang Rape case there was no concept of Digital Rape, the sexual activity of penetration using fingers or toes without the consent of the victim was considered molestation only. It was after the Criminal Law Amendment followed by Nirbhaya gang-rape incident that new rape laws were introduced in the parliament and Digital Rape was classified as a sexual offense under Section 375 of IPC and section 3(b) of Protection of Children from Sexual Offenses (POCSO) Act.
The term 'Digital rape' is gender neutral and applicable to all kinds of victims and offenders. The rape victims are further divided into two categories: majors and minors. Minor digital rapists are tried both under Section 375 of IPC and Section 3 (b) of the POCSO Act, whilst major digital rapists are arrested and tried under Section 375 of IPC.
Recent Cases
A 50-year-old man, Manoj Lala digitally raped a seven-month-old girl child under the Noida Phase-3 police station area, he was later arrested for digitally raping the child.
In June 2022, a barbaric act of a father digitally raping his five-year-old kid in a high-rise society in Noida Extension came into the picture. He was after an FIR was lodged on the basis of the mother’s complaint that alleged that she realized the offense after the girl complained of genital pain.
In the year 2021, an 80-year-old artist-cum-teacher digitally raped a girl of seven years, the man, identified as Maurice Ryder, has been accused of being involved in various indecent acts with the victim. She complained when she turned 17.
Legal Position Under POSCO
As per Section 3 of the POCSO Act,
‘Any person who commits to inserting, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child do so with him or any other person is considered as penetrative sexual assault.’
As per Section 4 of the POCSO Act,
1. Whoever commits a penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to a fine.
2. Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished with imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of the natural life of that person and shall also be liable to fine.
The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of the such victim.