Table of Contents
Rape is a violent and deeply traumatic crime that involves the non-consensual sexual intercourse or penetration of an individual. It is a severe violation of a person's bodily autonomy, dignity, and human rights. Rape is defined as a criminal act under both national and international law, with legal systems categorizing it as a serious offense due to its devastating physical, psychological, and emotional impact on the victim.
The crime of rape typically involves the use of force, coercion, manipulation, or threats to compel the victim into sexual acts against their will. In many legal systems, rape is understood as a crime that can be committed by any person, regardless of gender, against any individual, regardless of their gender or age, though the dynamics of power and gender inequality often make women and children the most frequent victims.
Legal definitions of rape can vary across jurisdictions, but generally, the key elements involve penetration without consent. Consent must be given freely, willingly, and enthusiastically, and the absence of consent is central to the crime. Rape is often accompanied by other forms of abuse, including physical violence, psychological manipulation, and threats of harm.
Efforts to prevent and combat rape include awareness campaigns, legal reforms, victim support services, and societal changes that promote respect, equality, and the protection of human rights. Addressing rape requires a holistic approach that involves legal, social, and educational measures to create a safer, more just society for all.
Law related to rape in Nepal is mentioned in National Penal Code, 2074 Chapter 18.
Rape (National Penal Code, 2074 Sec 219)
The act has mentioned the criteria for rape in Nepal: -
- In a case where a man has sexual intercourse with a woman without her consent.
- In a case where a man has sexual intercourse with the consent of a girl child below eighteen years of age. This is also known as statutory rape.
- The penetration of the penis into the anus or mouth, penetration of the penis to any extent is rape.
- Insertion of any object other than the penis into vagina shall also be considered as rape.
This chapter has defined Consent in the chapter of rape.
Consent:
- Consent obtained by way of coercion, undue influence, intimidation, threat, misrepresentation, or kidnapping or taking of hostage shall not be considered to be consent,
- Consent obtained at the time of being of unsoundness of mind shall not be considered to be consent,
Punishment
A person who commits rape shall be liable to the sentence of imprisonment as follows,
| Criteria | Punishment | Fine |
|---|---|---|
| Children aged less than 10 years, fully disabled, incapacitated, or elderly above 70 years of age | Imprisonment for life | Seven lakhs |
| Children who are ten years or above ten years of age but below fourteen years of age | Imprisonment for a term of eighteen to twenty years | Seven lakhs |
| Children who are fourteen or above fourteen years of age but below sixteen years of age | Imprisonment for a term of twelve to fourteen years | Five lakhs |
| Women who are sixteen or above sixteen years of age but below eighteen years of age | Imprisonment for a term of ten to twelve years | Five lakhs |
| Women who are eighteen or above eighteen years of age | Imprisonment for a term of seven to ten years | Three lakhs |
Other types of Rape: -
- Marital Rape
- Transferring sexual disease
- Gang Rape
- Incest Rape
Marital Rape (National Penal Code, 2074 Sec 219(4) )
If the husband commits rape on his wife during the existence of marital relationship between them.
Criteria for not considering a marital relationship
- A case of partition has been instituted upon making the separation of board and bread,
- The wife has lived separately upon taking her partition share from the husband,
- A case of divorce from the husband has been instituted.
In the situation where a marital rape case is filed, the court may order the husband to do the following: -
- To allow the wife to reside in the same house where she has resided, to provide her with food and clothes, not to hurt her, and to behave her politely and decently,
- To get the wife to have the required medical treatment or provide a reasonable amount for her treatment,
- To arrange a separate residence for the husband if it is not appropriate for them to reside in the same place together and make necessary arrangements for the maintenance of the wife while so residing separately,
- To refrain from doing an act causing suffering or annoyance, in any manner, to the wife and do, or cause to be done, a necessary and appropriate act for the interest and security of the wife.
Punishment
A sentence of imprisonment for a term not exceeding five years.
Transferring sexual disease (National Penal Code, 2074 Sec 219(6))
A man who commits rape despite knowing that he has human immune deficiency virus (HIV positive) or a sexually transmitted disease
The perpetrator shall be liable to the following additional sentence, in addition to the sentence outlined in the case of Rape: -
- If a man commits rape knowing that he is HIV Positive then, they must be punished according to HIV law which prescribes a potential additional ten years along with a fine of up to one lakh.
- If a man commits Rape knowing that he has other sexually transmitted Diseases then, they are liable to an additional Punishment a sentence of Imprisonment for up to three years, and a fine of up to thirty thousand.
Additional punishment for the following offenses: -
An additional sentence of imprisonment for a term not exceeding five years.
- A man who commits rape on a woman in a gang.
- A man who commits rape on a woman having a pregnancy of more than six months.
- A man who commits rape on a woman suffering from physical or mental illness.
- A man who commits rape on a woman showing arms.
Incest Rape (National Penal Code, 2074 Sec 220)
No person shall engage in sexual intercourse with another person knowing that they are within the prohibited degree of relationship by blood as defined by the customs, traditions, or practices of their caste or lineage.
Punishment
- A sentence of imprisonment for life in the case of sexual intercourse between the natural mother and her natural son or between the natural father and his natural daughter.
- A sentence of imprisonment for a term of four years to ten years and a fine of forty thousand rupees to one lakh rupees in the case of sexual intercourse between the step-mother and her step-son, between the stepfather and his stepdaughter, between the full blood elder sister and brother, between full blood elder brother and sister, between father-in-law and daughter-in-law within the same branch, between grand-father and grand-daughter or great-grand-daughter within the same branch, between elder brother-in-law and sister-in-law within the same branch or between younger brother-in-law and sister-in-law within the same branch,
- A sentence of imprisonment for a term of three to six years and a fine of thirty thousand to sixty thousand rupees in the case of sexual intercourse between grand-mother and her grand-son or great-grand-son within the three generations of the same branch, between father's elder brother or uncle and niece within the same branch, between nephew and great mother (wife of own father's brother) or aunty within the same branch, between father-in-law and brother's daughter-in-law within the same branch, between uterine maternal uncle and niece or nephew and maternal aunty, between mother's elder sister or younger sister and nephew or between mother-in-law (one's wife side) and son-in-law,
- A sentence of imprisonment for a term of one year to three years and a fine of ten thousand to thirty thousand rupees, having regard to, inter alia, the branch, relationship and generation, in the case of sexual intercourse between persons in other relationship within seven generations of one’s own clan except mentioned above.
In conclusion, rape is a heinous crime that severely impacts the victim, both physically and emotionally, and is a violation of fundamental human rights. Nepal's legal system takes a strong stance against this crime, with the National Penal Code, 2074 outlining clear definitions and punishments for various forms of rape, including statutory rape, marital rape, and incest. The law also addresses aggravated offenses such as gang rape and the transmission of sexually transmitted diseases. Efforts to combat rape include stringent penalties, societal awareness, and legal reforms aimed at protecting individuals' dignity and promoting justice for victims.