The Quint’s ‘Fighting Rape’ Trend for August: Rape Against Minors

Out of 31 rapes reported by The Quint in August, 23 were rapes against minors.

Legally, rapes committed against children are covered under the The Protection of Children from Sexual Offences, Act (POCSO Act) 2012. (Photo: Altered by The Quint)

As a part of The Quint’s ‘Fighting Rape’ campaign, we are tracking rapes reported every day for one year. And based on the data we compiled at the end of August till now, we have noticed a significant trend.

Rape against minors.

(Photo: The Quint/Maanvi)

For example, on 14 August 2016, a two-and-a-half-year-old girl was raped in Mumbai. A week later on 21 August, an 11-month-old child was sexually assaulted in Agra. A day later, a 10-year-old girl was sexually assaulted in Delhi. But what does one do in the case of a rape reported against a minor?

Laws You Need to Know: The POCSO Act 2012

Legally, rapes committed against children are covered under the The Protection of Children from Sexual Offences, Act (POCSO Act) 2012.

The Act deals with sexual abuse and exploitation of children, including exposure to pornography and sexual harassment as well. According to the Act, it is the responsibility of the police to protect the child and ensure an in-camera, child-friendly trial.

Source: Crimes in India 2015 (NCRB data) (Photo: The Quint/Maanvi)

While looking at child survivors of rape, the legal difference between rape and sexual assault is essential. After amendments to the law in 2013, the act of rape is defined as an act of penetration; the penis or any other object into the anus, vagina or urethra of a woman. ‘Sexual assault’ on the other hand, is a broader term which also includes kissing without consent, sexual harassment and pornography.

Also Read: Your Honour, Laws Do Not Allow You to Humiliate Rape Survivors

But, More Important Than Courts? Counselling

The trauma of sexual violence isn’t always visible outwardly, which is why most activists working with child rape survivors advocate that psycho-social support, like counselling, is essential. For the survivor, as well as for the family.

Also Read: For Child Rape Survivors, Justice Doesn’t Always Lie in the Courts

This is no ordinary painting: It is the work of a child who has survived trauma from child sexual abuse and used her paintbrush to express it. (Photo Courtesy: Priya Virmani)

We have to understand that the system looks at child sexual assault from a very ‘legal’ point of view, relying on testimonies and medical evidence. Not from a socio-psychological point of view, where trauma from sexual violence is delayed. But we’re becoming better; compared to ten years ago, the situation is improving.

Vidya Reddy, Executive Director, Tulir  

In some cases, rape is reported within the family by a child, by known persons. Which is why counselling also needs to be defined in a complete way, involving the family as well as the child.

The aim of The Quint’s Fighting Rape campaign is to ensure that with every rape reported, there is a simultaneous conversation around the various aspects of rape in India; legal, social, political and linguistic. By no means are we claiming that this will be a comprehensive report.

But, it is a start which will enable us to think of rape as a relentless and daily assault. An assault against which we need to mount a fight, fiercely, every day.