Sexual Violence against LGBTQ+ Persons

Last updated on Apr 8, 2022

If you are facing any sexual violence or you know someone who has, you should take the following steps:

  • Call helplines for immediate protection.
  • Complain at the nearest police station.

Sexual Violence

If you have faced any form of sexual violence which may include, rape, inappropriate touching, stalking etc, you can file an FIR with the police. You can file a complaint against anyone including a family member, teacher, etc.

If you are woman/trans woman

You have a right to file a complaint under the laws on sexual violence in India but only against a man. If you are a trans woman and the police refuse to file the FIR stating that you are not a ‘woman’ under the law, then read here to see what steps you can take.

If you are a man/trans man

You cannot file an FIR under the laws on sexual violence in India, since men/transmen cannot be victims of sexual violence. Your only alternative is to file an FIR with the help of the laws which punish those who hurt or injure you.

Sexual Violence at the Workplace

If the sexual harassment policy in your office is gender-neutral, then you can file a complaint regardless of your gender. If you want to stop the sexual harassment through employer action (for example dismissal of the harasser) then you can file a complaint with the Internal Complaints Committee (ICC), which is a complaint mechanism available at all offices. You have the option of going to the police as well.

The law on sexual harassment at the workplace identifies only women as victims who can approach the ICC or the police to file an FIR. If this is the policy in your organization, then these are the options you have:

  • As a man or a transgender man, you can take help from NGOs and a lawyer who will be able to file an FIR with the laws which punish those who hurt or injure you.
  • As a transgender woman, you have the right to file an FIR under the laws on sexual violence.

Online Sexual Violence

If you are facing any sexual harassment online, then click here to understand more.

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

As you found this post useful...

Follow us on social media!

We are sorry that this post was not useful for you!

Let us improve this post!

Tell us how we can improve this post?

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Love and Relationships for LGBTQ+

Anyone above the age of 18, has the right to love and have consensual sexual relationships with anyone that they wish to irrespective of their sexual orientation or gender identity.
Crimes and Violence

Guide on the Rights of Transgender Persons in India

This Guide discusses the general provisions in the Constitution of India, the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.
citizen rights icon

Are Live In Relationships covered under Domestic Violence law?

You are in a live-in-relationship if you cohabit, i.e.  share a house with your partner without marrying him or her. It is considered a domestic relationship between an unmarried adult woman and an unmarried adult male who live or, at any point of time lived together in a shared household.
Crimes and Violence

What are the rights of LGBTQ+ persons with respect to mental health?

Being an LGBTQ+ person does not make someone mentally ill. However, in India, an LGBTQ+ have some rights with respect to mental health.

Who can seek Protection against Domestic Violence?

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter.
Crimes and Violence

What are the options if there is discrimination and harassment by medical personnel against LGBTQ+ persons?

LGBTQ+ persons may face harassment or discrimination by medical personnel and a person can take appropriate action in such cases.