ABSTRACT
When the term "rape" comes up in a conversation, regardless of the context, timing, or tone,
the default image is often that of a woman as the victim and a man as the perpetrator. These
imagined figures may be faceless or detailed, silent or vocal, rational or irrational, educated
or uneducated—but the roles remain consistent: woman as victim, man as offender. Now,
what if we reverse these roles? Does it feel unsettling? Out of place? Or perhaps like
something that shouldn't happen at all?
Sexual violence against men is a topic that has not received the same level of attention as its
counterparts. This lack of awareness has led to the denial of justice and recognition for many
male survivors of such crimes.
This paper seeks to explore the reasons behind the neglect faced by male victims of sexual
violence, analyze global statistics on these crimes, and examine international laws and their
provisions—or the absence thereof—for male survivors. It also delves into the Indian
perspective on this issue and proposes measures to ensure that the voices of male victims are
heard and addressed.
The paper will investigate various scenarios where sexual violence against men can occur. It
will not limit itself to one specific type of sexual crime due to the scarcity of data. While the
focus is international, particular emphasis will be placed on India, as this is a global issue
requiring a comprehensive approach.
INTRODUCTION
When the topic of men as victims of sexual crimes or domestic violence arises, some might
think, "Gone are the days when only women and children were targeted." However, men have
been subjected to various forms of sexual violence throughout history. Despite this, their
experiences have not received the same attention as those of other genders. While recent
efforts have fortunately increased awareness about sexual crimes affecting queer groups and
other genders, the same progress has not been made for male victims. Societal norms around
masculinity and the stigma attached to it have pushed male survivors of sexual exploitation
into the shadows, leaving their struggles largely unacknowledged.
In its commonly understood and accepted sense, rape is viewed as a crime perpetrated by
men against women, often seen as a reflection of a patriarchal society that perpetuates the
sexual victimization of women by male offenders. The belief that men cannot be raped has
historically excluded male survivors from academic and social discourse, despite a significant
number of sexual assault victims being male. Male rape is stigmatized, especially among
heterosexual men, leading many victims to remain silent. Fearing societal judgment about
their masculinity or sexual orientation, male survivors often avoid reporting their abuse,
resulting in numerous unregistered cases.1
This phenomenon is deeply rooted in societal stereotypes about men, including the
biologically-based argument that male victims experiencing physical arousal, such as an
erection or ejaculation, implies consent or enjoyment. 2 This flawed reasoning, reflected in
Indian rape laws, often deters male victims from reporting their assault, as they may feel
confused by their body's response or fear their sexual identity will be questioned. Offenders
frequently exploit this misconception to manipulate victims into silence.3
Furthermore, there is a disconnect between the legal definition of a sexual perpetrator and the
broader reality of offenders, with current laws biased toward viewing women as victims
while overlooking their potential to commit sexual offences. This gender bias in existing
legislation fails to account for the complexities of sexual crimes. This paper aims to critically
examine the biases inherent in India’s rape laws and highlight the urgent need for gender-
neutral legislation to address all forms of sexual offences more inclusively and equitably.
1
JH Bogart, Reconsidering Rape: Rethinking the Conceptual Foundations of Rape Law, 8 C, J. L. J 159, 173-11
(1995).
2
Jai Vipra, A Case for Gender-Neutral Rape Laws In India, 286 C. C. S Working Paper 1, 3-4 (2013).
3
P Rumney, Gender Neutrality, Rape and Trial Talk, 21 I.J.S.L. 139, 150-5 (2008).
AN OVERVIEW OF PRESENT LAWS ON RAPE IN INDIA
Following the national outrage over the Nirbhaya case, the Justice Verma Committee's
recommendations led to the enactment of the Criminal Law Amendment Act of 2013 in
February 2013. This act significantly revised the definition of rape laws in India. Section 375
of the IPC was amended to broaden the definition of rape to include any physical penetration.
It also introduced a clear definition of consent as "an unequivocal voluntary agreement,
communicated by words, gestures, or other verbal or nonverbal means, signifying a woman's
willingness to participate in the specific sexual act." 4 Additionally, the age of consent was
raised from 16 to 18.
Several new provisions were added to address specific situations. Section 376(2) covered
rape committed by members of the armed forces. Section 376A introduced harsher penalties
for rape resulting in death or leaving the victim in a prolonged vegetative state. Section 376B
made it a crime for a husband to have sexual relations with his wife during separation.
Section 376C addressed sexual misconduct by individuals in positions of authority, such as
fiduciaries, public officials, or managers of institutions like prisons or hospitals. Section
376D dealt with gang rape, while Section 376E covered repeat offenders, detailing
punishments and fines.5
While the amendment introduced significant improvements, it faced criticism for excluding
several key recommendations from the Justice Verma Committee. These included making
rape and sexual assault laws gender-neutral, barring politicians accused of sexual offences
from contesting elections, and recognizing marital rape as a criminal offence.
MALE RAPE AND INDIAN LAWS
In India, rape is defined as the act of penile penetration or the insertion of any foreign object
into a woman's vagina without her consent. Section 3756 of the IPC describes rape as
"sexual intercourse with a woman against her will, without her consent, through
coercion, misrepresentation, fraud, or when she is intoxicated, deceived, or of unsound
4
The Criminal Law (Amendment) Act, 2013, No. 13, Acts of Parliament, 2013 (India).
5
Ibid.
6
Indian Penal Code 1860, section - 375.
mental health; and in any case, if she is under the age of 18." Upon analyzing this
definition, two distinct yet subtle implications can be drawn.
A rape offender is necessarily a man.
A victim of rape is necessarily a woman.
The definition of rape in Indian law applies exclusively to women, with no provision
addressing the rape of men. There is no specific law in India for cases where a male rapes
another male or where a female rapes a male. At best, such cases may fall under Section 377
of the IPC, which addresses sodomy, but beyond this, all other laws and sections are designed
solely for female victims. This disparity undermines the principle of equality enshrined in the
Constitution.
While the POCSO Act (Protection of Children from Sexual Offences) addresses sexual
assault against male children, no similar provisions exist for adult males. It is unreasonable to
treat sexual assault on male children differently from similar acts committed against adult
men. If legal protections can be established for male children, there is no justification for
excluding adult men from similar safeguards.
For instance, on 16th of June 2018, a 20 - year - old boy had to endure the sexual assault by
five men in Ghaziabad and a foreign object was inserted into his rectum but since our laws
does not account for such offences, the case was registered under section - 377 of IPC.
Similarly, there are lots of causes in the armed forces where men are subjected to lots of
sexual violence. At present there are two laws which realize male can also be sexually
assaulted.
First the POSCO (Protection of Children from Sexual Offences) that address sexual abuse
committed against both male and female’s child.
The second one is the UGC "Sexual Harassment of Women at Workplace.
GENDER NEUTRALITY OF RAPE LAWS
In March 2000, the 172nd Law Commission of India recommended that rape laws be made
gender-neutral to protect male victims as well. The principle behind this suggestion was the
belief that desexualizing the offence of rape would help eliminate the stigma associated with
it.7 However, the government did not take steps to implement these recommendations.
In 2017, advocate Sanjiv Kumar filed a PIL in the Delhi High Court challenging the
constitutionality of the IPC's rape laws. He argued, "Gender neutrality is simply a recognition
of the reality that men, too, can be victims of the same or similar acts suffered by women.
Male rape is far too prevalent to be dismissed as an anomaly or a rare incident. By not
having gender-neutral laws, we are denying far more men justice than is commonly
acknowledged."8
On the same reasoning on July 2019 KTS Tulsi, a senior lawyer and parliamentarian in the
Rajya Sabha also brought a gender - neutral (Criminal law Amendment bill, 2019) before
parliament to make the rape laws gender - neutral in India. As per make the rape laws gender
- neutral in India. As per him,
"Laws need to be balanced, the balance has been disturbed. All sexual offences shouldbe
gender - neutral. Men, women and other genders can be predators and, women and
others need to be protected.”
HURDLES IN GENDER SENTISIZING LAW
In State of Punjab v. Ramdev Singh, the Supreme Court noted that "rape is not merely an
offence against an individual woman but a crime against society as a whole. It violates basic
human rights and infringes upon the most fundamental right guaranteed under Article 21 of
the Indian Constitution."9 However, the nation has yet to fully embrace the essence of this
judgment. The barriers to achieving such recognition are outlined below.
Patriarchy
The Oxford English Dictionary defines patriarchy as "a society, system, or country ruled or
controlled by men." Indian society, at its core, is patriarchal, with rigid expectations placed
on men to conform to specific behavioural norms. Any deviation from these norms is often
7
Flavia Agnes, Law Ideology and female Sexuality: Gender Neutrality in Rape Law 37Econ. Polit. Wkly. 844-
847 (2002)
8
The Criminal Law Amendment Bill 2019 and gender - neutral sexual offences in India, The Criminal Law
Blog (2020).
9
State of Punjab v. Ramdev Singh, (2004) 1 SCC 421, 424.
met with ridicule.10 One such stereotype perpetuated by patriarchy is the belief that men must
always desire sex, undermining the notion that a man can consent to or refuse a sexual act.
This assumption strips men of sexual autonomy, rooted in the belief that they are always
capable of getting an erection with anyone, anytime. The societal norm that declining sex
would make them appear less masculine or even queer pressures men into sexual acts they
might not want.
While women increasingly take on traditionally masculine roles in the 21st century, it is still
deemed inappropriate for men to exhibit traits considered feminine. This patriarchal mindset
discourages men from reporting sexual assaults, leading to a lack of conclusive evidence
about male victimization.11
It is often argued that men respond differently to sexual assault than women. However, a
1989 study in the United States contradicted this belief, revealing that men’s reactions to
sexual assault are similar to women’s. Despite this, many male victims hesitate to come
forward due to the stigma that sexual assault is a "women’s issue" and the fear of being
labeled weak or less masculine.12
Gender stereotyping by the media
Media plays a significant role in shaping public perceptions in the modern world. In
mainstream Indian media, men are rarely portrayed as victims of sexual assault, and an
unrealistic image of the "ideal male" is often perpetuated. Additionally, the media trivializes
homophobic and transphobic stereotypes, as well as the harassment faced by men,
homosexuals, and transgender individuals.13
It is, therefore, essential for Indian society to embrace people of all genders and hold
filmmakers and directors accountable for how they depict different genders and address
serious issues in a dismissive or comedic manner.14
10
Charlene Muehlenhard & Stephen Cook, Men's Self-Reports of Unwanted Sexual Activity, 24.J.S.R. 58,
(1988).
11
Patricia Novotny, Rape Victims in the (Gender) Neutral Zone: The Assimilation of Resistance? 62 S.J.S.J.
743, 750-3 (2022).
12
Gillian Mezey & Michael B. King, The Effects of Sexual Assault on Men: A Survey of 22 Victims, 19
Physiological Medicine 205 (1989).
13
Uma Chakravarti, Conceptualising Brahmanical Patriarchy in Early India: Gender, Caste, Class, and State, 28
E.P.W. 579, 585-14 (1993)
14
Claire Cohen, Male Rape is a Feminist Issue: Feminism, Governmentality and Male Rape, (2014).
Victimhood
The dynamics of male dominance and crimes against women have evolved over time.
However, current laws are failing to protect individuals of other genders who face false
accusations, as they predominantly recognize women as victims and overlook the possibility
that men can also be victims. This disregard violates the principle of equal protection under
Article 14. Sexual assaults that do not align with the male-on-female stereotype are more
common in India than many realize. In 2007, a government study on child sexual abuse
revealed that of the children reporting sexual abuse, including rape and sodomy, 57.3% were
male, while 42.7% were female. A survey by the Centre for Civil Society in Delhi found that
nearly 18% of Indian adult men reported being coerced or forced into sex. Of these cases, 2%
involved male perpetrators, and 16% involved female perpetrators.15
NEED FOR GENDER NEURAL SEXUAL CRIME LEGISLATION
As discussed earlier, despite India making significant strides in legal reforms, it has yet to
introduce gender-neutral legislation, particularly in areas like sexual crimes and rape. The
current language and definitions in rape laws may discourage male victims from pursuing
legal action, seeking justice, or even accessing psychological support. The lack of such laws
reinforces societal views that prevent a broader understanding of male rape.
The language of Articles 14 and 15 of the Constitution, when read together, clearly states that
no one can be denied equality before the law based on their sex. However, as previously
mentioned, Sections 375 and 376 of the IPC contain gender-specific definitions and penalties
for rape, which contradict the constitutional principles. It has been argued that adopting a
gender-neutral definition of rape would help foster widespread recognition that men can also
be victims of sexual offences. Male rape should not be viewed as an 'exceptional' or 'rare'
occurrence, as it is, in fact, more common than one might think.
CONCLUSION
15
Shivam Sharma & Aneisha Kaushik, Protection of Men Against Sexual Harassment- Need of the Hour, 13
S.A. 271, 277-1 (2019).
Throughout history, men have often subjected women to serve their sexual desires and
comfort, doing everything in their power to degrade and control them. They have treated
women as inferior, and now, with this damage done, they view the beings they have harmed
as their subordinates. This is one perspective, but there is another side to the issue, where
men can also be victims of rape. Over the years, criminal laws in India have evolved to
reflect the changing dynamics of society. The need for gender-neutral rape laws is now more
urgent than ever. The Criminal Law (Amendment) Bill of 2019 seeks to address this by
introducing a gender-neutral section that punishes all forms of sexual assault.
Currently, Section 375 of the IPC defines rape with a female victim and a male perpetrator,
creating a legal gap when both the victim and the perpetrator are of different genders. Even
the Supreme Court has dismissed pleas for gender-neutral rape laws, claiming that the
legislation will address the issue. Due to the absence of such laws, many cases go unreported,
and offenders often face minimal punishment. The fundamental principle of criminal law is
that all individuals should be equally protected from any crime. A mere biological difference
between genders should not imply that the suffering of male victims is less significant and
does not deserve attention.
“The responsibility of preventing abuse has long been placed on the shoulders of the
vulnerable.”
In India, the issue of sexual abuse against boys remains a taboo. This is partly due to our
conservative society's reluctance to discuss sex openly. Boys often fear speaking to their
parents about being sexually abused, worried that they will be labelled effeminate or even
homosexual. Even if they do open up, complaints are rarely filed to protect the family's social
reputation. This silence only enables abusers to continue their actions. As long as society
holds onto myths about male sexual abuse and teaches these misconceptions to children,
many boys suffering from such abuse will not receive the recognition or support they need.
Only by challenging societal attitudes, speaking out, and pushing for legal reforms can we
help victims overcome the trauma of abuse and allow them to lead the life they deserve. It is
time to break the silence.
BIBLIOGRAPHY
International Journal of Law Management & Humanities, Vol. 6 Issue 2, pp. 2685-
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International Journal of Law Management & Humanities, Vol. 3 Issue 5, pp. 434-438
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