In India, rape is defined under Section 375 of the Indian Penal Code narrowly, such that only a man can be said to have raped a woman. This does not mean that male and other rapes cannot be prosecuted. But these ‘other rapes’ are criminalised under Section 377, which unfortunately also brings consensual homosexual sexual activity under its purview. To put this in context - a gay couple is put in the same category as the the woman who was arrested for molesting her son's friend earlier this year. We therefore are in a bizarre situation where the law does not distinguish between the most heinous crime and private acts of intimacy. It deliberately segregates female and male rape but still has no provision to criminalise marital rape (between married persons). In tolerating such a state of confusion, there is huge damage caused to the fight against rape.  

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There is a need for just one definition of rape, that covers all of the above scenarios. In fact, moves were made by the government to amend the law to make rape a gender neutral crime. However, certain groups opposed them on the grounds that female rape was somehow different and that ‘there is physicality in the definition of rape, there is use of power and the victim has a stigma attached to her’. Contrast this with this statement by L Ramakrishnan, from Saathi, an NGO, "A majority of perpetrators of male rape are not gay or bisexual, but straight men. Male rape is another way of demonstrating power and aggression". 

To the women and other groups who opposed the gender neutralisation of rape, I ask: What is likely to lead to justice? A judge who thinks that, ‘oh poor woman, how terrible that she, a special and weak creature was violated; I must stand up for her rights and protect her’ or ‘this could happen to anybody, even me, and it is wrong. I must not allow anyone to suffer in this manner’? Empathy is a much stronger quality than sympathy, to evoke and a truer symbol of equality between genders.

There is no doubt that women suffer as a consequence of having been raped and that statistics show overwhelmingly, how many more of them are targeted than any other gender. However, that does not follow that as a minority of sufferers, men and other genders are not traumatised or suffer less or differently. To say that a male rape survivor is ‘gay’ or ‘unmanly’ or ‘must have enjoyed it’ is the exact same thing as saying that a female rape survivor must have 'asked for it’. Both reactions are to be condemned and our culture must provide rape survivors of all genders the same support system. 

Vinodhan and Krishna, two male rape survivors are quoted as saying they ‘blacked out’, thought that people would ‘blame them’ and one of them was so ashamed that he did not even go to the doctors. Does this sound dissimilar to the experiences recounted by female survivors of rape? I think not. When they go out in society, are male or female rape survivors looked at differently? No. Both are seen as weak, as objects of shame. This is something we must all combat. It is the crime that is shameful - not the survivor. 

Lastly, a system where one type of rape is given priority over others in the name of protecting women is self-defeating. In the first place, women and men (and other genders) need to unite and speak with one voice to build a culture against rape. Allowing divisions within the ranks, builds isolation and propagates the victim mode. In the second place, it further fuels the feminine and masculine divide in a manner leading to things like a fear of homosexuality which also leads to ‘corrective’ rapes in our society (where a gay person is forced to have sex with a family member in an attempt to straighten them out). Unsurprisingly, countries with gender neutral rape laws reportedly have the lowest rates of rape in the world.  

Crimes like rape and murder do not see age, caste, colour of skin, nationality and yes, even gender or sexual orientation. Rape is seen across the extremes of age and geographical boundaries in these two recent examples – one in West Bengal where a 72-year old nun was gang-raped and the other in the UK, where a male infant was raped. Rape across the urban-rural divide, beyond class or caste was seen in the recent ‘ordered rapes’ of Dalit girls on one hand, while even actress Kalki Koechlin has spoken about the sexual abuse she suffered as a child. Rape happens everywhere, regardless of how much money someone has, how many academic achievements are there in a household and what position they hold in society. Our rape laws apply equally in all these cases, but surprisingly, continue to differentiate on the basis of gender. As a society, we must learn to speak from one voice, despite our differences and stand together against the horror that is rape. 

The author is a Consultant CFO, qualified CA and a Law graduate from Trinity College, Dublin. She has several years experience in working with organisations in the profit and not-for-profit sector. A trained martial artist, she is passionate about the empowerment, education and safety of women and children.