Portfolio Keyphrase: Physical Sexual Assault of child
Tags: Abuse, Violence, Crime, Children, Explainer |
[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]
When a person inserts any object or any body part into any body part of a child, or forces the child to do this with someone, it is a crime of penetrative sexual assault. This includes(( Section 3, The Protection of Children from Sexual Offences Act, 2012.)):
- Penetrating the vagina, mouth, urethra, or anus of any child with a penis, another body part, or an object.
- Forcing a child to use their penis to penetrate another person or thing.
- Performing oral sex on a child or forcing a child to perform oral sex on someone else.
The punishment for this is jail time of ten years to life imprisonment along with a fine.(( Section 4, The Protection of Children from Sexual Offences Act, 2012.))
If the child is above the age of 16 as is tried as an adult in court, then the punishment is higher and the child would be facing trial for the crime of rape.(( Section 376 (1), Indian Penal Code, 1860.)) If the offenderis a person in a position of trust or authority, then the crime is known as Aggravated Penetrative Sexual Assault,(( Section 5, The Protection of Children from Sexual Offences Act, 2012.)) which has a higher degree of punishment.