Kerala HC Recognizes Sexual Assault Affects Both Men and Women, Emphasizing Gender Neutrality in Justice

Kerala HC Recognizes Sexual Assault Affects Both Men and Women, Emphasizing Gender Neutrality in Justice

The Kerala High Court made an observation on Wednesday, noting that sexual assault is not limited to women but can also affect men.

Justice Devan Ramachandran orally remarked that while a considerable majority of sexual assault victims are women, it is important not to overlook the possibility of men also being subjected to such assaults.

"Sexual assault is not confined to girls; it happens to boys also. Although it is rare, it is possible. I am aware that it occurs. However, our focus is typically on women. Generally, ninety-nine per cent of sexual assault victims, for some reason, are women," remarked the judge.

The judge made these remarks while deliberating on a petition filed by a doctor challenging a protocol in Kerala, which stipulates that only gynecologists, preferably female gynecologists, are summoned to examine victims of sexual assault. The judge noted that while the protocol aims to provide support to victims, who are predominantly women or girls in most cases, it is important to acknowledge that sexual assault can also affect boys or men.

"I don't know why you should be concerned. We are trying to give maximum support to the victim. It has nothing to do with you and everything to do with the victim," Justice Ramachandran added while addressing the petitioner.

The Court emphasized that victims of sexual assault could also be men, noting a growing trend where boys are becoming victims in cases falling under the Protection of Children from Sexual Offenses Act (POCSO Act).

"Here, you have assumed that the victims are women. You should have qualified that the victims you refer to are women victims alone. There are men, young boys being abused. I have seen a couple of cases recently. There are more boys in POCSO matters these days," Justice Ramachandran said.

The petitioner was represented by a team of advocates including Shyam Padman, CM Andrews, Boby M Sekhar, Laya Mary Joseph, Nichu Willington, Ashwathi Shyam, Swathy Sudhir, and Ram Mohan.

 
 
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