COMPARATIVE ANALYSIS OF LEGISLATION PERTAINING TO SEXUAL OFFENSES AGAINST WOMEN IN RELATION TO THE USA, UK, AND EU.

Abstract

Sexual offenses can be found in all societies, regardless of where they are located. Among the more severe types of sexual offenses is sexual assault, which can cause long-lasting physical and emotional damage to individuals. Victims of physical harm are at higher risk of experiencing various sexual and reproductive health issues. In addition to physical injuries, the mental health impact can also be significant. Sexual assault incidents often lead to severe consequences such as murder, suicide, and other serious outcomes for victims. The social repercussions of stigma can greatly impact the well-being of victims due to the loss of status within their relationships and communities. This chapter aims to explore sexual crimes by analyzing the factors contributing to their occurrence, their extent, and measures for prevention and treatment, as well as conducting a comparative assessment of such offenses and their interventions in different nations.[1]

Violence and increasing crimes against women are being witnessed globally in various forms in the present era, reflecting the extent and severity of the atrocities against women in recent times. The global movement to combat violence against women highlights the alarming situation. Factors such as changes in livelihoods, lifestyles, disparities in economic progress, societal values, and lack of ethical standards contribute to a grim environment for women, leading to a rise in crimes against them. These incidents are a serious cause for concern, emphasizing the crucial need to create a safe and respectful environment for women in India, free from atrocities and brutality, ensuring dignity, freedom, and peace.[2]

Crimes of a sexual nature committed by women are a widespread issue worldwide. A wide variety of sexual offenses take place in various settings and social environments. These include sexual violence, rape, sexual abuse of individuals with disabilities, sexual violence against children such as statutory rape, adultery, forced marriages, and acts that challenge sexual morality or norms.

Sex-related offenses vary in location and circumstances, encompassing a wide range of acts. Alongside well-known crimes such as rape and assault, offenses like sexually abusing those who are mentally or physically challenged, child sexual abuse (legally termed sexual assault), adultery, homosexuality, coerced sex, and forcing someone into marriage or cohabitation are prevalent. Additionally, violent attacks targeting women’s sexual integrity, like female genital mutilation and forced virginity examinations, contribute to the extensive abuse women endure.

Print or visual literature that specifically explains or depicts sexual organs or sexual activities is known as pornography. Its purpose is to arouse sexual arousal or to appear more boisterous to the responsible reader.[3] An image of a sexual subject meant to arouse sexual desire is called pornography.  Pornography may be found in a variety of mediums, such as books, magazines, postcards, artwork, sculptures, paintings, animations, sound recordings, movies, video games, and websites. Increased use of IT, such as the internet and specialized devices, has led to the growth of illegal locations that distribute pornographic and obscene content. ⁠⁠⁠⁠⁠⁠⁠Obscenity and pornography were not explicitly identified by any Indian law but were addressed by The IPC, 1860, The IT Act, 2000, and The Indecent Representation of Women (Prohibition Act), 1986. These laws deemed obscenity and explicit materials as punishable offenses. Various legislation in India provide punishments for crimes against women. Additionally, the Indian Penal Code covers a wide range of crimes against women, while specific offenses are known as ‘Offenses against women’. New economic offenses have been established to effectively combat these crimes as per the changing times and amendments in existing laws.[4]