RAPE HAS N0 GENDER! Include same-gender assault in Section 375 of IPC

RAPE HAS N0 GENDER! Include same-gender assault in Section 375 of IPC

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elodie GENDRON started this petition to Indian Parliament

Recently, I was raped in India by another woman. It is fair to say that being assaulted by a woman, as a woman, is equally traumatic. Since then, I have felt disconnected from my body. My nights are continuously interrupted by nightmares as well as panic attacks and anxiety crises. Not being recognized as a victim by the law heavily impacts my healing process and most importantly gives a free pass to sexual predators such as my assaulter, who can, in absolute impunity rape others, letting them suffer from long-lasting damages. As I shared my story on social media, I found out my assaulter hurt other victims in the past, who did not dare to press charges as they did not feel protected by the established legal system. 

The definition of rape should only be based on consent, regardless of genders and objects which are used to perform the penetration. As soon as there is undesired penetration, the qualification of rape should prevail, no matter the gender of the victim and/or of the assaulter. 


The current legislation in India does not consider rape when the assaulter and the victim are of the same genders, nor if a woman rapes a man. These types of assaults are rather defined as ‘sexual assault outraging the modesty of the victim.’ 

Rape in India is defined by Section 375 in The Indian Penal Code that states as followed: 

1[375. Rape.

—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de­scriptions:—
(First) — Against her will.
(Secondly) —Without her consent.
(Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
(Fourthly) —With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.
(Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.(Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
(Exception) —Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.] 

By defining rape as the 'act of a man' this section puts at stake the sexual integrity of many. In 2021,12 years after India decriminalized same-gender sexual activity, it is time to protect everyone from sexual predators, members or not from the LGBTQ+ community, and to ensure that everybody's psychological, physical, and sexual integrity is always protected. At a time the LGBTQ+ community is finally more and more accepted by society, the legal system needs to evolve and protect each member of society from sexual predators, regardless of their sexual preferences, lifestyle, gender, or social background. 

I thank you in advance for your support, all the love and help I have received as I am trying to make sure every victim of rape in India, man or woman, will finally get the justice they deserve. Do not forget, RAPE HAS NO GENDER! 

Love, 

Elodie 

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