Yes, you can file an FIR against your husband if he rapes you or tries to have sex with you forcefully, while you are separated. He will be punished with jail time anywhere between seven years and life imprisonment, along with a fine.
Sometimes a woman may be duped into believing that a random man may be the husband due to darkness or the woman not being in a good state of mind. This is a form of cheating by men and punishable under the law.
No, it is not rape. If a man assaults a woman in order to remove her clothes or to force her to be naked, he can be punished for the crime of disrobing. The punishment for attempting to disrobe, or actually disrobing a woman, is imprisonment from three to seven years, along with a fine.
No you cannot publish the name of the survivor. The name and identity of the survivors are protected by the law and it is an offence to publish the name of the survivor.
No, only a man can be charged with rape.
Yes, it will be rape because she is below eighteen years old.
No, because she is above eighteen years old. However, you can be prosecuted for other charges such as harassment and domestic violence.
[Trigger Warning: The following content contains information on physical violence and sexual violence which some readers may find disturbing.]
Rape is the crime that occurs when a man has sexual intercourse with a woman against her will or without her consent.
A man commits rape on an non-consenting woman if he:
- penetrates his penis or inserts any other part of his body (to any extent) into the woman’s vagina, mouth, urethra, or anus, or forces her to do this with him or another person; or
- inserts any object into the woman’s vagina, mouth, urethra, or anus, or forces her to do this with him or another person; or
- applies his mouth to the woman’s vagina, anus or urethra, or makes her do this with him or any other person.
A medical procedure or intervention is not considered as rape. For example, if a doctor examines the private parts of a patient as part of medical procedure, this is not rape.
Consent is voluntary, clear and unmistakable agreement by a person who expresses their willingness to take part in a specific sexual act. A woman should understand what she is agreeing to and what the consequences will be if she agrees to the sexual activity . Even if she doesn’t physically resist the act of penetration, this does not automatically mean that she has consented to the sexual activity.
Under the following circumstances, a man is said to commit rape even if the woman has given her consent:
- If her consent has been forcibly obtained by threatening to hurt her or making her fear for her life or the lives of her dear ones.
- If the man knows that he is not a woman’s husband, and that she has given her consent only because she thinks that the man is her husband.
- If the woman is unable to understand the nature and consequences of the act to which she gives consent, due to unsoundness of mind or intoxication or because the man has given her an unwholesome substance.
- If the woman is under eighteen years of age.