Sexual Abuse of Children and Its Effects

What is Sexual Abuse?

Sexual abuse is a heinous offence that gives a lifetime of trauma to the victim. It affects the overall development and growth of the victim. According to the WHO (World Health Organization), sexual abuse is actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions. It also includes sexual relations with a child, in any context, defined as a human being below the age of 18 years. Sexual abuse of children is emerging as a global problem. It can be physical or mental in nature. Consequences of such abuse can lead to psychological, physical, and emotional exploitation of victims. As per the report of UNICEF:

• 1 in 5 girls or women have been subjected to sexual violence as a child.
• 1 in 7 boys or men has experienced sexual violence in childhood.

It is important to address the impact of sexual abuse on children to protect them from this harm and trauma. Creating a safe environment for them in society is crucial.

Sexual Abuse of Children in India

The National Crime Records Bureau (NCRB) report states:

• 64,469 reported cases of children sexually abused and 38,444 children raped in India in 2022.
• 7 children every hour report a sexual crime against them, and 4 are reporting rape.
• India has a total of 243,237 child sexual abuse (CSA) cases pending in its fast-track courts as of January 2023.
• Out of 268,038 CSA cases under trial, only 8,909 (a mere 3%) resulted in a conviction, as per the NCRB report, 2022.
• According to the Ministry of Law and Justice, 299,759 cases were registered in POCSO courts from October 2019 to May 2023, out of which 162,497 cases have been disposed of.
• Statistics reveal that 90% of child sexual abuse cases in India have been committed by family members, making children scared to reveal the abuse.

Effects of Sexual Abuse on Children

• Relationship Problems: Sexual abuse heavily affects a child's ability to trust others. They may fear further abuse and struggle to maintain long-term relationships.
• Effect on Mental Health: CSA can lead to a loss of confidence, changes in behavior, severe depression, and anxiety disorders. Children may develop post-traumatic stress disorder (PTSD). Among victims:
  • 37% had an anxiety disorder.
  • 58% had separation anxiety disorder.
  • 73% suffered from PTSD, which includes symptoms like insomnia, nightmares, body aches, and re-experiencing traumatic events.
• Social Consequences: Sexual abuse can impact a child's social life, leading to:
  • Social withdrawal and isolation.
  • Low self-esteem.
  • Difficulty in communicating experiences.
  • Struggles in adjusting within society.
• Risk of Self-Harm: Victims of CSA are at a high risk of engaging in self-harming activities and even suicide. Their suffering may push them towards harmful coping mechanisms.
• Sexual Dysfunction: Children who have suffered CSA often face challenges in sexual health and relationships. They may experience:
  • Fear and shame regarding intimacy.
  • Long-term sexual dysfunction affecting adulthood relationships.
• Addiction or Substance Abuse: Survivors may turn to substances to cope with trauma and depression. This includes:
  • Drugs.
  • Alcohol.
  • Smoking.
  While these substances provide temporary relief, they often worsen the victim's physical and mental health.

Legal Implications

• Section 65(1) BNS – Whoever commits rape on a woman under 16 years of age shall be punished with rigorous imprisonment for a term not less than 20 years but which may extend to life imprisonment and with fine.
• Section 65(2) BNS – Whoever commits rape on a woman under 12 years of age shall be punished with punishment mentioned in sub-section (1) or death.
• Section 70(2) BNS – Where a woman under eighteen years of age is raped by one or more persons constituting a group, they shall be punished with imprisonment for life, and with fine, or with death.

The Protection of Children from Sexual Offences Act, 2012

The Parliament passed this Act on May 22, 2012, to specifically address the issue of sexual offences committed against children. Punishments for offences are:

• Penetrative sexual assault (Section 3) – Not less than seven years, which may extend to life imprisonment and fine.
• Aggravated penetrative sexual assault (Section 5) – Not less than ten years, which may extend to life imprisonment and fine.
• Sexual assault (Section 7) – Not less than three years, but may extend to five years and fine.
• Aggravated sexual assault (Section 9) – Not less than five years, but may extend to seven years and fine.
• Sexual harassment of a child (Section 11) – Three years and fine.
• Use of child for pornographic purposes (Section 13) – Five years and fine; in the event of subsequent conviction, seven years and fine.

Methods to Overcome Impacts

• Professional Help – Seeking help from a professional allows survivors to freely communicate about their experiences and feelings. A professional setup provides a safe space for survivors to cultivate coping strategies and process their emotions.
• Environment and Surroundings – A person's surroundings play a crucial role in recovery. Isolation can lead to re-experiencing traumatic events, so it is important for survivors to be around people who make them feel safe and with whom they can share their experiences.
• Education – Educating oneself and others about Child Sexual Abuse (CSA) plays a vital role. Survivors can empower themselves through education and motivate others by conducting seminars, campaigns, and sharing their own experiences.
• Self-Care – Survivors should emphasize self-care, including meditation, spirituality, exercise, maintaining a sleep schedule, and following hobbies to promote physical and emotional well-being.
• Being Patient – Healing takes time, and it is essential to allow oneself time to recover.
• Cognitive Behavioral Therapy (CBT) – CBT helps treat mental health conditions such as PTSD, anxiety, and depression. It improves quality of life by focusing on changing negative thought patterns.

Landmark cases of CSA in India
The Badaun Gangrape Case 2014
In this case, two minor cousins were gangraped and murdered in Katra village of Badaun, Uttar Pradesh. After investigation, CBI concluded that there was no gang rape, and the suspects were released. BUT later, the POCSO court rejected the CBI's report. According to reports, in the evening the girls had gone out into a field and did not return. The police were notified, but they took no action. The villagers found the girls hanging from a tree. According to PM report, the girls were raped and were hanged alive on the tree. In 2016, the three accused were convicted but later granted bail.

Mathura Rape Case 1972
The Mathura rape case is considered as landmark case which lead to formation of Criminal Law Amendment Act, 1983. In this case a 15-year old girl named Mathura was raped by 2 policemen inside a police station in Maharashtra. The incident took place on 26 March 1972 when a FIR was filed by her brother disapproving her relationship with Ashok, with whom Mathura had eloped. Mathura was summoned to the police station where after taking her statements , the police constables, Tukaram and Ganpat asked her to stay back.

Ganpat took Mathura to washroom where he tried to rape her. Later he dragged her to the main building where he she was raped by him. Later, Tukaram also tried to rape her but was unable to do so because of intoxication. The Supreme Court acquitted the accused on the ground that Mathura did not verbally expressed her non-consent during the event and there was a lack of bruising on her body. She was habitual to sex based on two finger test. The court's judgement faced backlash by the people. This led to the introduction of Criminal Amendment Act 1983.

Changes in IPC

• Section 228A of IPC – Prohibits disclosing the identity of a rape victim. Punishment for disclosure: imprisonment of 2 years and a fine.
• Section 375 of IPC – Expanded the definition of rape.
• Section 376 of IPC – Punishment for rape.
• Section 376A of IPC – Intercourse by a man with his wife during separation.
• Section 376B of IPC – Intercourse by a public servant with a woman in his custody.
• Section 376C of IPC – Intercourse by a superintendent of a jail, remand home, etc.
• Section 376D of IPC – Intercourse by a member of the management or staff of a hospital with a woman in that hospital.

Changes in CrPC 1973

• Section 327(2) & Section 327(3) – Provides for camera proceedings in rape cases and prevents the publication or printing of related matters.

Changes in Indian Evidence Act 1872

• Section 114A – Presumption of absence of consent in rape cases.

Kathua Rape Case 2018

In this case, an eight-year-old girl from Kathua was abducted, drugged, raped, and murdered. Her body was discovered in a nearby forest. Six of the seven accused were convicted. Three received life imprisonment, and three received five-year imprisonment. The seventh accused was acquitted due to the benefit of the doubt. This case led to amendments in IPC, CrPC, and IEA through the Criminal Amendment Act, 2018.

Changes in IPC

• Section 376 – Amended sub-section (1) to provide for punishment of not less than 10 years, extendable to life imprisonment.
• Section 376(3) – Added provision for rape of a woman under sixteen years of age.
• Section 376AB – Rape of a woman under twelve years of age.
• Section 376DA – Gang rape of a woman under sixteen years of age.
• Section 376DB – Gang rape of a woman under twelve years of age.

Changes in CrPC

• Section 374(4) – Appeals against orders under Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, or 376E of IPC must be disposed of within six months from the filing date.
• Section 438(4) – Excludes the applicability of anticipatory bail in cases involving accusations under Section 376(3), 376AB, 376DA, or 376DB of IPC.
• Section 439(a)(1) – High Court or Sessions Court must notify the public prosecutor within 15 days before granting bail to an accused under Sections 376(3), 376AB, 376DA, or 376DB of IPC.
• Section 439(1A) – Requires the presence of the informant or an authorized person at the hearing of a bail application under Sections 376(3), 376AB, 376DA, or 376DB of IPC.

Changes in IEA

• Sections 53A and 146 – Amended to incorporate new provisions introduced by the 2018 amendment.

Conclusion
Child Sexual abuse Is a crime which is constantly growing in our society and has profound effects on the physical, mental and emotional well being of a child. The trauma can lead to various issues in child including psychological issues, PTSD, anxiety, depression and suicidal thoughts. CSA not only affects the survivor but it's impact can be extended upto survivor's families too. Although many laws are Implemented to overcome CSA but along with it moral and emotional support to victim is also necessary. Addressing these issues is important to provide a safe environment to children and healing their trauma.

References:

• https://www.who.int/docs/default-source/documents/ethics/sexual-exploitation-and-abuse-pamphlet-en.pdf
• https://data.unicef.org/topic/child-protection/violence/sexual-violence/#status
• https://www.childprotection.org.in/end-child-sexual-abuse
• https://sansad.in/getFile/annex/265/AU422_Z4PJnc.pdf?source=pqars
• Maniglio (2009), op. cit
• Health Working Group on Child Sexual Exploitation (2014), op. cit
• https://www.verywellmind.com/symptoms-of-ptsd-after-a-rape-2797203
• https://www.freelaw.in/legalarticles/Punishment-for-Rape-under-the-Bharatiya-Nyaya-Sanhita-2023-
• https://childlineindia.org/a/issues/sexual-abuse
• https://chatgpt.com/
• https://indiankanoon.org/doc/1092711/
• https://www.drishtijudiciary.com/to-the-point/bharatiya-nyaya-sanhita-&-indian-penal-code/amendments-in-rape-laws
• https://www.shankariasparliament.com/current-affairs/kathua-rape-case-verdict