Most of people feel very upset when somebody file sexual harassment or assault related case on them. It is very hard to get right lawyer in this kind of matter who understand your issue and show you right path.
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- Sexual harassment & assault
- POCSO
- Rape
- sexual harassment at workplace
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Know more about sexual assault, rape, Child Abuse & sexual harassment at workplace...
1. Sexual Harassment And Assault:
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Sexual assault is defined as unwanted sexual contact. Sexual assault takes many forms including attacks such as rape or attempted rape.
Usually a sexual assault occurs when someone touches any part of another person’s body in a sexual way, even through clothes, without that person’s consent.
Types of behavior that are considered as sexual harassment & assault:
- Unwanted Sexual Statements: Sexual or dirty jokes, comments on physical attributes, spreading rumors about others as to sexual activity or performance, talking about one’s sexual activity in front of others and displaying sexual drawings, pictures.
- Unwanted Personal Attention: Letters, telephone calls, visits, pressure for sexual favors, pressure for unnecessary personal interaction and pressure for dates where a sexual / romantic intent appears evident but remains unwanted.
- Unwanted Physical or Sexual Advances: Touching, hugging, kissing, fondling, touching oneself sexually for others to view, sexual assault, intercourse or other sexual activity.
2. Rape:
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person’s consent.
Rape is the fourth most common crime against women in India. Section 375 to Section 376-E of the Indian Penal Code refers to ‘sexual offenses’.
Rape can be categorized in different ways:
- Gang rape: Gang rape occurs when a group of people participate in the rape of a single victim.
- Serial rape: A serial rapist is someone who commits multiple rapes, whether with multiple victims or a single victim repeatedly over a period of time.
- Marital rape: Marital rape is the act of sexual intercourse with one’s spouse without the spouse’s consent. It is considered a form of domestic violence and sexual abuse.
- Child sexual abuse: It is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation or use a child to produce child pornography.
- Date rape: Date rape is sort of romantic or potentially sexual relationship between the two parties. Examples the victim is dating: a classmate, co-worker, employer, spouse etc.
Punishment for Rape:
- The minimum punishment for rape of women from 7 years to 10 years.
- Rape and gang rape of girls below the age of 12 years will carry minimum imprisonment of 20 years and is extendable to life imprisonment or death.
- Rape of girl below the age of 16 years is punishable with imprisonment of 20 years or life imprisonment.
3. POCSO or Child Abuse:
POCSO (The Protection of Children from Sexual Offences) Act 2012 was established to protect the children against offences like sexual abuse, sexual harassment and pornography.
POCSO Act 2012 is applicable to the whole of India. The POCSO Act 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from sexual abuse.
Punishments for Offences covered in the Act:
- Penetrative Sexual Assault (Section 4) — Not less than seven years which may extend to imprisonment for life
- Aggravated Penetrative Sexual Assault (Section 6) — Not less than ten years which may extend to imprisonment for life
- Sexual Assault (Section 8) — Not less than three years which may extend to five years
- Aggravated Sexual Assault (Section 10) — Not less than five years which may extend to seven years
- Sexual Harassment (Section 12) — Three years
4. Sexual Harassment At Workplace:
Sexual harassment at workplace is an act of behaviour that compromises physical, emotional or financial safety and security of a woman worker.
Legally, sexual harassment includes such unwelcome sexually determined behaviour as:
- Physical contact and advances
- A demand or request for sexual favours
- Sexually coloured remarks
- Showing pornography
- Any other unwelcome physical verbal or non-verbal conduct of a sexual nature
Harassment can make us feel uncomfortable. Even worse, it can make us feel unsafe.
Sexual harassment includes any uninvited comments, conduct or behavior regarding sex, gender or sexual orientation. Around 90% of workplace harassment is never officially reported.
Punishment For Sexual Harassment at workplace – under Criminal Law Act, 2013:
- Inappropriately touching a woman: 1 to 5 years’ jail and fine under Criminal Law Act, 2013.
- Observing, capturing, distributing images of a woman without her knowledge: 1 to 7 years’ jail and fine under Information Technology Act, 2000.
- Using words, gestures to outrage a woman’s modesty: 3 years’ jail and fine under Criminal Law Act, 2013.
- Consensual sex with a subordinate: 5 to 10 years’ jail and fine under Criminal Law Act, 2013.
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Frequently Asked Questions
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