Male Molestation: A silent victim by Ekta Pandey

Male Molestation: A silent victim

Introduction

The word molestation stands for sexual exploitation, which means any non-consensual act of sexual coercion that threatens the physical or psychological of a man. Sexual assault includes acts such as sexual touching and anal rape. Our stereotype society thinks that only women and girls can only sexually abused but in reality, men and boys are also victims of such heinous crime. No one is left but a crime against female is always highlighted in media and number of the organization who stands for justice for them. But when talk about men victim, everyone whispered about the matter no bill has been passed yet. In a simple word no law to provide safety. They are also human, they also want a dignified life, after the heinous act, and they go through trauma and depression. In many cases, it has been found that perpetrators were parents, siblings, extended family members, family friends, dates, intimate partners, acquaintances, peers, and strangers. Men who have experienced sexual violence as grownups feel shame or considering that they should have been “strong enough” to fight off the perpetrator.

Our stereotype society holds a judgment, only female are victim of rape, but in reality men are too. Ironically, rape largely focused on female victims. In present scenario male sexual abuse lose its attention from both by researchers’ and by public. In modern age with changed dynamics of society, there is increase in male victim of sexual assault. Now rape becomes a culture, where gender does not matter. Now female rapes were reported, but rape cases against men are not reported at all. Our patriarchal society not allow men to come out in public. They cannot revel their story, at the end they would be tagged effeminate, and the victim men coupled with shame and guilt. Our society and law is fair towards the rape of children but less attention to raped men.

According to Indian laws, men cannot be raped they can only be “sodomised”[1]. However, because of a position of power professionally, physically, or emotionally, women are also capable of coercing men. In many cases it was observes that a man raped another man. The manhood made men silent sufferers of sexual offences. However, maximum number of the country has accepted that men can be raped too and criminalized it.

This research paper exclusively deals with the required amendments in the area of sexual offences by highlighting the different country laws and ambiguities in current rape laws. Moreover, the need for gender-neutral law. The explanation of rape is narrow that considered, women is a victim and men is the offender, no clause for male rape. Discrimination in rape law affecting the equality provision of our Indian constitution. When there were provisions for boy child rape, then why not for men? Why criminal law is silent in the serious matter. Rape is not just a word it destroy the dignity of a victim. The right to life with choice and dignity of men is continuously ignored by our law makers.

Impact of sexual violence against men

Many men wonder and confused, who experienced an ejaculation during the assault. Sexually abused men respond differently. Some people are having experiences of

ü Anxiety, depression, post-traumatic stress disorder, flashbacks.

ü Avoiding people or places that remind of the assault.

ü An increased sense of quarantine and avoid society.

ü Keep silent because of fear of judgment.

In research data it shows that 1 in 6 had faced assault or abuse. After the abuse, men have to suffer the risk of mental health problems. Sometimes it has been seen that they go through depression, symptoms of post-traumatic. They start to consume alcohol and drug. Because of Hippocratic society, and a myth that males can’t be raped or molest, with the fear of judgment they thought about suicide, and in some cases it has been seen they commit suicide. It observed that mol nbnnc est men have to face problems in an intimate relationship. If in schooling age they face sexual abuse then lack focus on study and become underachievement at school[2].

Many countries, amended rape law and made it gender neutral but still India stand in that row, where rape victim is a female.

Data Analysis

Government data reveals that over 50% of child sexual abuse victims are boys And most males are abused between the ages of 5 and 15. Around 60% of the victims are molested or raped more than once. A survey conducted on adult men in India, shows that one out of every 5 males is raped or molested at least once in their lives. In several cases, the offenders are women. Most of these men are aware of male molestation and rape but are not sure as to what constitutes as molestation of their sex. The Insia Dariwala surveyed on 1500 male out of which 71% of men said they were abused, 84.9% said they keep quiet about the abuse and the major reasons for this were shame (55.6%), by confusion (50.9%), fear (43.5%) and guilt (28.7%)[3].

The World Bank population figures, as well as the the Armed Conflict Database of the International Institute of Strategic Studies, categories of legal regime to be found as, 90 per cent of men in conflict affected countries are in situations where the law provides no protection for them if they become victims of sexual violence where 62 countries, representing almost two-thirds of the world’s population, only recognize female victims of rape and In 28 countries only males are recognized as perpetrators of sexual violence[4].

Offences Overlapping and Conflicts

The Criminal law Amendment Act of 2013 has created a separate offence as "sexual harassment” dealt under Section 354A of IPC, 1860. The offence ‘ sexual harasment’ is said to be committed if a man perpetrates any of the mentioned acts under that section for instance, if he makes physical contact and such contact entails an explicit sexual overture. Here lies the problem because Section 354 of the IPC i.e. outraging the modesty of a woman also applies for the same act but the punishments under both sections differ. So if a man is alleged with the act of touching a woman's breast without her consent, he can be tried and prosecuted under Section 375 of IPC for committing non-penetrative sexual assault carrying a seven-year minimum sentence or for sexual harassment under Section 354A or under Section 354, both of which prescribe a different prison term. The overlapping provisions lead to uncertainty, vagueness and arbitrariness and moreover pave a way for corruption as it ultimately becomes the discretion of police to decide which section to invoke. Therefore, these shortcomings need to be removed and are the subject of prospective amendment.

Human rights are those rights which are given to all human beings simply because they are human. They are based on the fundamental principle that all people possess an inherent human dignity, and that regardless of sex, race, language, national origin, age, class, religion, political beliefs, or other distinctions, they are equally entitled to enjoy their human rights and equally accountable for respecting the human rights of others. Men are human and therefore have human rights. More importantly, men suffer violations simply those violations are human rights violations. According to UDHR and other international laws sexual abuse violate human rights to life, health, personal freedom and security, as well as their right not to be tortured[5]. The Second Additional Protocol of 1977 to the Geneva Conventions is relative to non-international armed conflict. Article 4, entitled the Fundamental Guarantees, lists prohibitions including “outrages against personal dignity, rape, enforced prostitution and any form of indecent assault” at any time and any place when committed against persons who “do not take a direct part or have ceased to take part in hostilities”.

Armed conflicts and sexual violence

Always attention is paid to ideas of feminization, Sexual violence is committed against men more frequently in every sector. Evidence shows that sexual violence takes place against men in armed conflict. Even if male survivors want to talk about the abuse they do not have correct word to express. If male survivors want to report the abuse and were unable to express the violence through words and they face the danger if they are unable to prove the rape. Male sexual violence should be considered under the same as sexual violence against women. In Sri Lanka, sufferers have complained of ‘sticks pushed through the anus, usually with chilies rubbed on the stick, being made to masturbate soldiers orally and enforced with friends to rape each other in front of soldiers for their entertainment. While others have complained of being anally raped by soldiers. The forced masturbation is one of the most common forms of sexual violence experienced by men. Sexual violence against men is about power and dominance. To balance the power reshaped the law. The victim have dual misconceptions that it is homosexual men who raped or the heterosexual men do not rape. Now it’s time to alter gender stereotype thought[6].

Conclusion

A static law in dynamic society is like hurdle to the progress of the society. Therefore scholars say it is more dangerous to have an outdated law than no law. It is a matter of disgrace for a country that some laws are against the ethos of the Constitution. The current provisions of adultery and unnatural offences are admirable because it bring justice, equity and liberty in the society. It is the prime duty of legislatures to rectify problematic provisions and their ambiguous implications, if present in any law. Furthermore, delicacy must be kept high while dealing with juvenile laws because any wrong step can lead to recidivism instead of preventing the crime. Although various reports and recommendation have urgently demanded rape law for men but still it is future expectations and subject of amendments. Moreover, it must be noted that any sexual offence is a direct attack to bodily integrity and sexual autonomy, be it man or woman. The upcoming demand might be related with gender-neutral provisions, proportionate punishment and decriminalizing young romance. The law makers may also think for reducing the punishment or repealing the whole section in the future if the circumstances demand. When we talk about society and peace, we generally confer the functioning of legal system in the society because it is the legal system which ultimately gets credit or blame. The renowned activist, Martin Luther King once said that the existence of law and order aim to ascertain justice but as soon as they fail in this purpose they become dangerously structured dams that obstruct and block the flow of societal progress. In other words, laws must be compatible with societal conditions for establishing justice. Therefore they need to be revised, amended and even freshly legislated when circumstances demand. It becomes essential for laws like criminal law which involve social issues to revisit the provisions at certain time interval.

[1] Indian Penal Code, 1860, 377. [2] The 1 in 6 Statistic - Sexual Abuse and Assault of Boys and Men. (2017). 1in6. https://1in6.org/get-information/the-1-in-6-statistic/. [3] Chatterjee, R. (2018, May 23). “The mindset is that boys are not raped”: India ends silence on male sex abuse. The Guardian. https://www.theguardian.com/global-development/2018/may/23/indian-study-male-sexual-abuse-film-maker-insia-dariwala. [4] Dolan, C. (2014). INTO THE MAINSTREAM: ADDRESSING SEXUAL VIOLENCE AGAINST MEN AND BOYS IN CONFLICT. https://reliefweb.int/sites/reliefweb.int/files/resources/Into_The_Mainstream-Addressing_Sexual_Violence_against_Men_and_Boys_in_Conflict.pdf. [5] Intimate Partner Sexual Abuse: A Human Rights Information Sheet. (2019). Musc.Edu. https://mainweb-v.musc.edu/vawprevention/advocacy/humanrgts.shtml. [6]Sivakumaran, S. (2007). Sexual Violence Against Men in Armed Conflict. European Journal of International Law, 18(2), 253–276. https://doi.org/10.1093/ejil/chm013. ‌