Types of Child Sexual Abuse

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Portfolio Keyphrase: Sexual Abuse of Children

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[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]

Indian law classifies types of child sexual abuse into different types of crimes, regardless of the child’s gender . Given below are some of the punishable crimes:

Non-Physical Behaviour

Any non-physical sexual behaviour through gestures, speech, and visuals. For example, gesturing to a child’s private parts or showing naked pictures(( Section 11, The Protection of Children from Sexual Offences Act, 2012.))
Any act related to child pornography, including its creation, distribution, transmission, publication, etc.(( Section 13, The Protection of Children from Sexual Offences Act, 2012.))
Administering any drug, hormone or any chemical substance to a child so that the child attains early sexual maturity.(( Section 9(v), The Protection of Children from Sexual Offences Act, 2012; Protection of Children from Sexual Offences (Amendment) Act, 2019.))

Physical Behaviour

Touching a child in a sexually inappropriate way. For example, touching the private parts of a child.(( Section 7, The Protection of Children from Sexual Offences Act, 2012; Section 9, The Protection of Children from Sexual Offences Act, 2012.))
Sexually abusing a child through penetration – either with a penis or any other object.(( Section 3, The Protection of Children from Sexual Offences Act, 2012; Section 5, The Protection of Children from Sexual Offences Act, 2012.))

Attempt of sexual abuse

If a person tries to commit(( Section 18, The Protection of Children from Sexual Offences Act, 2012.)) any sexual crime against a child, this is also a crime. It does not matter if the offender fails to actually commit the crime , the attempt itself will hold them liable.

Further, the law also makes a distinction based on the person committing the offence. For example, if any sexual abuse done by a person in a position of trust or authority to the child like a teacher or police officer, the punishment is higher.(( Section 5, The Protection of Children from Sexual Offences Act, 2012; Section 9, The Protection of Children from Sexual Offences Act, 2012.)) The law defines these kinds of abuse as “aggravated” to highlight the fiduciary relationship between the harasser and the child. Read more in our explainer here.

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Child-Friendly Court Process

There are Special Courts set up to deal with child sexual abuse because of the sensitivity of the issue. Unlike normal Courts, these Courts are supposed to follow a special procedure to make sure that the child feels safe and comfortable.

Recording a Child’s Statement on Sexual Abuse

While recording a child’s statement on the abuse, the police should follow the rules laid down in law, mentioned herein.

Reporting Child Sexual Abuse

If you are aware of any incident and are reasonably certain that a child is a victim of any form of sexual abuse please use any of the ways mentioned herein to contact an authority to help the child out.

Procedure for Adoption by Relative (Non-Religious Law)

As a relative of a child, following the non-religious law to adopt, you can adopt both within India and also do inter-country adoptions.

Child Sexual Abuse By A Family Member

When a child is sexually abused by a family member, they face a more severe punishment than someone who is not a family member since they are in a position of authority and trust to the child.

Child Pornography

The law can punish any person who uses children in any form of media (advertisements, internet, printed form, etc.) for sexual gratification.