Sexual Penetration of a Child

Last updated on Apr 8, 2022

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 includes1:

  • 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.2

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.3 If the offenderis a person in a position of trust or authority, then the crime is known as Aggravated Penetrative Sexual Assault,4 which has a higher degree of punishment.

  1. Section 3, The Protection of Children from Sexual Offences Act, 2012.[]
  2. Section 4, The Protection of Children from Sexual Offences Act, 2012.[]
  3. Section 376 (1), Indian Penal Code, 1860.[]
  4. Section 5, The Protection of Children from Sexual Offences Act, 2012.[]

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