Child Sexual Abuse
Child sexual abuse occurs when an adult, a stronger child or an adolescent use their power or authority to involve a child in sexual activity. It can be physical, verbal or emotional.
Child sexual abuse includes touching and non- touching activities:
|Touching activities||Non-touching activities|
|· Touching a child’s genitals or private parts for sexual pleasure
· Making a child touch someone else’s genitals, play sexual games or have sex, putting objects or body parts like fingers, tongue or penis inside the vagina or in the mouth or anus of a child for sexual pleasure
·Kissing or holding a child in a sexual manner
|· Showing pornography to a child
· Deliberately exposing an adult’s genitals to a child
· photographing a child in sexual poses
· Encouraging a child to watch or hear sexual acts
· Inappropriately watching a child undress or use the bathroom
· Sexually explicit talk with the child
· Making obscene phone calls, text messages or email to the child
· Showing pornographic films, magazines or photographs to the child
As well as the activities described above, there is also the serious and growing problem of people making and downloading sexual images of children on the Internet. Browsing, viewing and sharing child pornographic material is a criminal offence. To view child abuse images is to participate in the abuse of a child. Those who do so may also be abusing children they know. People who look at this material need help to prevent their behaviour from becoming even more serious.
Child sexual abuse can occur anywhere, even in homes, school, work, religious establishments, shelter homes etc. The American Psychiatric Association states that “children cannot consent to sexual activity with adults”, and condemns any such action by an adult. “An adult who engages in sexual activity with a child is performing a criminal and immoral act which never can be considered normal or socially acceptable behaviour.”
The effects of child sexual abuse can include depression, post-traumatic stress disorder, anxiety, victimization in adulthood, and physical injury to the child, among other problems. According to the Traumagenic model of CSA, the individual undergoes a series of experiences, from feeling betrayed to stigmatised, feeling powerless and sexualisation. Coping and making sense of these experiences precipitate into intense maladaptive behaviours which range from withdrawal, agitation, aggression, mood swings, depression, extreme anxiety, confusion, substance abuse and other behavioural issues.
The emotional and psychological effects of Trauma are often conflated to differential diagnoses that are far more pathologizing and may lead to further traumatic experiences of oppression and systemic stigmatization. The misdiagnoses and conflated diagnoses may include Bipolar disorder, Oppositional Defiant Disorder, Conduct Disorder, Intermittent explosive Disorder, Borderline Personality Disorder, Major Depression/Anxiety etc. with many a times ADHD as comorbid diagnosis. These labels along with psychiatric medication add to the already existing emotional burden, decreasing the overall functional ability of the child.
In cases where the perpetrator is the parent or a caregiver on whom the child is dependent for his/her survival, the victim may exhibit lower levels of awareness or might find it difficult to recall the traumatic experience, this phenomenon happens as an avoidance coping strategy to avoid confrontation with the betraying caregiver. This is termed ‘Betrayal Trauma’ and has been helpful in explaining that ‘Betrayal’ is one of the most important factors that increases the severity of post-traumatic stress disorder symptoms experienced by victims of CSA and rape. Especially in cases of child abuse, the intermittent exploitative abuse alternating with positive or neutral intervals, leads to a boundary confusion about what constitutes kindness, intimacy, safety, and love, and this confusion results in an emotional bond with the exploitative perpetrator (Reid, Haskell, Dillahunt-Aspillaga, & Thor, 2013).
What to watch out for in children
PHYSICAL WARNING SIGNS
Pain, discoloration, bleeding or discharges in genitals, anus or mouth
Persistent or recurring pain during urination and bowel movements
Wetting and soiling accidents unrelated to toilet training
OTHER WARNING SIGNS
Acting out in an inappropriate sexual way with toys or objects
Nightmares, sleeping problems
Becoming withdrawn or very clingy
Becoming unusually secretive
Sudden unexplained personality changes, mood swings and seeming insecure
Regressing to younger behaviours, e.g. bedwetting
Unaccountable fear of particular places or people
Outburst of anger
Changes in eating habits
New adult words for body parts and no obvious source
Talk of a new, older friend and unexplained money or gifts
Self-harm like cutting, burning or other harmful activities
Physical signs, such as, unexplained soreness or bruises around genitals or mouth
Sexually transmitted diseases, pregnancy
Not wanting to be alone with a particular child or young person
If you see these signs, take your child to a doctor. Your doctor can help you understand what may be happening and test for sexually transmitted diseases.
Children often show us rather than tell us that something is upsetting them. If we notice a combination of worrying signs it may be time to call for help or advice.
Any one sign doesn’t mean that a child was or is being sexually abused, but the presence of several suggests that you should begin to ask questions and consider seeking help. Keep in mind that some of these signs can emerge at other times of stress such as:
- During a divorce
- Death of a family member or pet
- Problems at school or with friends
- Other anxiety-inducing or traumatic events
Three quarters of children who are sexually abused do not tell anyone about it and many keep their secret all their lives. Sexual abusers are more likely to be people we know, and could well be people we care about; after all more than 8 out of 10 children who are sexually abused know their abuser. They are family members or friends, neighbours or babysitters and/or many hold responsible positions in society. The closer the relationship between the abuser and the victim, the less likely they are to talk about it. Children often show us rather than tell us that something is upsetting them so being aware of the signs is vital. However, children may give vague hints that something is happening. Their information may not be clear and they may not have the words to explain what is happening to them. The way adults respond to this is vital to ensuring the child’s safety.
- Respond with care and urgency
If you think a child is trying to tell you about a sexually abusive situation, respond promptly and with care. The police and children’s social services have joint working arrangements for responding to suspected child sexual abuse. They are experienced in this work and will deal sensitively with the child and family.
- Believe the child
If a child trusts you enough to tell you about abuse, you must remember that they rarely lie about such things. In cases where the abuser is a close family member, children may not reveal their sexual victimisation until they become adults. Many never tell even then. Although it may be hard to believe that someone we trust or care about is capable of sexually abusing a child, it’s highly unlikely that a child would deliberately make false accusations about adult-like sexual behaviours. The pressures on the child to keep silent are enormous. It takes tremendous courage to talk about abuse. A child’s claim that sexual abuse did not happen (when it actually did), or taking back a disclosure of abuse are common. Sometimes the child’s account of what happened changes or evolves over time. This is a common pattern for disclosure and should not invalidate their story.
- Be supportive
It is important that they feel supported. Don’t dismiss their claims or put them off talking about it. Children vary in their responses to sexual abuse. The manner in which the adults react to the child’s disclosure is an important factor in influencing how the child comes to view the abuse and his or her own role in it. Being believed and having family support can help the child to cope and adjust and can decrease some of the traumatic effects of sexual abuse
- Stay calm
If they are talking to you about it, don’t get angry. Stay calm and steady. If you get angry the child may think you are going to punish them. This will play into the hands of the abuser who warned the child not to tell.
- Be caring
Make sure the child knows you love them and that they have done nothing wrong, and keep telling them that. The child will need to see that adults believe them and they are doing all they can to protect them. Make sure the child knows they were right to talk about it and that you are glad they came to you.
- Face the problem
When the abuse is known, adults must face the problem honestly, protect the child at all costs and place responsibility appropriately with the abuser.
- Get help
Get help from professionals who can help guide you towards safety and healing.
Information on sources of help can be found on our get help or further support and useful links pages.
- Do not despair
Children can and do recover from child sexual abuse.
It is incredibly difficult to hear that someone you love has been hurt in such a way but help to recover is available.
Precautions to keep your children safe
- Don’t wait for ‘proof’ of child sexual abuse.
- Keep lines of communication open with your child.
- Educate everyone in the family.
- Set clear family boundaries.
- Get safe adults involved.
- Take sensible precautions about who has access to your child.
- Know your local resources and how to access them.
- Seek help and advice.
As part of our work, we constantly hear this, especially from parents -” Why didn’t my child talk about the abuse earlier?” “Why did they keep quiet about it for so long?”
Do not ask that question of the victim and DO NOT BLAME THEM OR YOURSELF for something beyond their control.
WHY CHILDREN DON’T SPEAK OUT AGAINST ABUSE
“He said he would kill my parents.”
“He said she would hurt my sibling.
“She said it was a game.”
“He told me it has to be a secret.”
“I did, and my mom told me to stop lying.”
“I was afraid my dad would kill him.”
“HE SAID IT WAS MY FAULT.”
“She said she was teaching me.”
“My parents thought he was the nicest guy.”
“It was embarrassing to tell anyone.”
“I was scared. She said she would kill herself.”
“She said she loved me.”
“He said he would do it to my little sister if I didn’t.”
“WE NEVER TALKED ABOUT THIS KIND OF STUFF AT HOME.”
“I didn’t want my family to have issues with my relative.”
“He said he would kill my dog.”
“HE SAID PEOPLE WOULD MAKE FUN OF MY FAMILY.
“I didn’t know it was an unsafe touch.”
1 in 4 girls and 1 in 6 boys are affected by sexual abuse. The abuser could be anyone.
IT IS TIME WE TALK ABOUT IT. LOOSEN THE HOLD OF THE PREDATOR BY BREAKING THE SILENCE.
Courtesy- Mamabear effect.
Children pass through different stages of development as they grow and their awareness and curiosity about sexual matters change as they pass from infancy into childhood and then through puberty to adolescence. Each child is an individual and will develop in his or her own way. However, there is a generally accepted range of behaviours linked to a child’s age and developmental stage. Sometimes these will involve some exploration with other children of a similar age. Occasionally, we may need to explain to children why we would prefer them not to continue with a particular behaviour. This is a chance to talk with them about keeping themselves and others safe and to let them know that you are someone who will listen.
Differently abled children may develop at different rates, depending on the nature of their disability, and they can be more vulnerable to abuse. Particular care may be needed in educating such children to understand their sexual development and to ensure that they can communicate effectively about any worries they have.
It is important to recognise that while people from different backgrounds have different expectations about what is acceptable behaviour in children, sexual abuse happens across all races and cultures. Remember that each child develops at his or her own pace and not every child will show the behaviours described below. If you have any worries or questions about a child you know, talk to someone about it.
· Use childish ‘sexual’ language to talk about body parts.
· Ask how babies are made and where they come from
· Touch or rub their own genitals
· Show and look at private parts
· Discuss sexual acts or use sexually explicit language
· Have physical sexual contact with other children
· Show adult-like sexual behaviour or knowledge
· Ask questions about menstruation, pregnancy and other sexual behaviour
· Experiment with other children, often during games, kissing, touching, showing and role playing e.g. mums and dads or doctors and nurses
· Masturbate in private
· Masturbate in public
· Show adult like sexual behaviour or knowledge
(12 years and above)
· Ask questions about relationships and sexual behaviour
· Use sexual language and talk between themselves about sexual acts
· Masturbate in private
· Experiment sexually with adolescents of similar age
· Masturbate in public
· Have sexual contact with much younger children or adults
People who want to abuse children often build a relationship with the child, that of the caring adults who want to protect them. Some may befriend parents who are facing difficulties. They may offer to babysit or offer support with childcare and other responsibilities. Some seek trusted positions in the community which put them in contact with children, such as childcare, schools, children’s groups and sports teams.
Some find places such as arcades, playgrounds, parks, swimming baths and around schools where they can get to know children. Some use the Internet to contact a child, often through chat rooms, social networking sites, interactive gaming sites, other websites and online forums where children go. Abusers use a number of tactics to ensure their victim’s silence. Giving gifts, encouraging a child to keep secrets, threats, blackmail, coercion and flattery are common tactics. They may make the child afraid of being hurt physically, but more usually the threat is about what may happen if they tell, for example, the family breaking up or the father going to prison or that they will get into trouble. In order to keep the abuse a secret, the abuser will often play on the child’s fear, embarrassment or guilt about what is happening, perhaps convincing them that no one will believe them. Sometimes the abuser will make the child believe that he or she enjoyed it and wanted it to happen. There may be other reasons why a child stays silent and doesn’t tell. Very young or disabled children or those with learning difficulties may lack the words or means of communication to let people know what is going on.
Grooming steps include:
1) Identifying and targeting the victim.
Any child or teen may be a potential victim. Some predators may be attracted to children and youth with certain characteristics or may target youth with certain co-existing factors, such as vulnerable parents, to help facilitate the crime.
2) Gaining trust and access.
The perpetrator may observe the child and assesses his or her vulnerabilities to learn how best to approach and interact with the child. Perpetrators may offer the victims special attention, understanding and a sympathetic ear, and then engage the child in ways that eventually gain their friendship and trust. They may play games with victims or give them rides, provide them with gifts and/or special treats.
3) Playing a role in the child’s life.
The perpetrator may manipulate the relationship so that it appears that he or she is the only one who fully understands the child or meets the child’s needs in a particular way. A perpetrator may also exploit a youth’s empathy and convince the young person that she or he is the only one who understands the perpetrator and reinforce that the perpetrator “needs” the child or youth.
4) Creating secrecy around the relationship.
The perpetrator may reinforce the special connection with the victim when they are alone or through private communication with the victim such as letters, emails or text messages, and strengthen it with admonitions against telling anyone, lest others be unhappy about it. The perpetrator may threaten the victim with disclosure, suicide, physical harm to the child or loved ones, or other traumas if he or she tells.
5) Initiating sexual contact.
With the power over the child victim established through emotional connection coercion or one of the other tactics, the perpetrator may eventually initiate physical contact with the victim. It may begin with touching that is not overtly sexual though a predator may find it sexually gratifying and that may appear to be casual arm around the shoulder, pat on the knee, etc. Gradually, the perpetrator may introduce more sexualized touching. By breaking down inhibitions and desensitizing the child, the perpetrator can begin overtly touching the child.
6) Controlling the relationship.
Perpetrators rely on the secrecy of the relationship to keep it going, and to ensure that the child will not reveal the abuse. Children are often afraid of disclosing the abuse. They may have been told that they will not be believed, or that something about the child “makes” the abuser do this to them. The child may also feel shame or fear that they will be blamed. Often, the perpetrator threatens the child to ensure that she or he won’t disclose the abuse.
7) Isolating the child.
Offering the child rides and/or taking the child out of his or her surroundings is one way that the perpetrator may separate the child from others and gain access to the child alone, so that others cannot witness the abuse. In other instances, perpetrators have been successful in molesting victims without detection while other adults were in the room.
Signs to watch out
The signs that an adult is using their relationship with a child for sexual reasons may not be obvious. We may feel uncomfortable about the way they play with the child, or seem always to be favouring them and creating reasons for them to be alone. There may be cause for concern about the behaviour of an adult or young person if they:
- Refuse to allow a child sufficient privacy or to make their own decisions on personal matters.
- Insist on physical affection such as kissing, hugging or wrestling even when the child clearly does not want it.
- Is overly interested in the sexual development of a child or teenager.
- Insists on time alone with a child with no interruptions.
- Spends most of his or her spare time with children and have little interest in spending time with people their own age.
- Regularly offers to babysit children for free or take children on overnight outings alone.
- Buys child expensive gifts or give him or her money for no apparent reason.
- Frequently walks in on child or teenagers in the bathroom.
- Treats a particular child as a favourite, making him or her feel ‘special’ compared with others in the family.
- Picks on a particular child.
Warning Signs of Sexually Harmful Behaviour
One of the hardest things for parents to discover is that their child may have sexually harmed or abused another child.
- In this situation, denial, shock and anger are normal reactions. If it is not responded to quickly and sensitively, the effect on the whole family can be devastating.
- For this reason it is vital to contact someone for advice about what to do as soon as you suspect that something is wrong.
- The positive message is that early help for the child or young person and their family can make a real difference.
- Evidence suggests that the earlier children can get help, the more chance there is of preventing them moving on to more serious behaviour.
- If you are in this situation, remember that you are not alone. Many other parents have been through similar experiences, and the child and family found the help they needed and were able to rebuild their lives.
- The first step is to decide that it would be helpful to talk it over with someone else.
Do you know a child or adolescent who:–
1) Seeks out the company of younger children and spends an unusual amount of time in their company?
2) Takes younger children to ‘secret’ places or hideaways or plays ‘special’ games with them, e.g. doctor and patient, removing clothing etc., especially games unusual for their age.
3) Insists on hugging or kissing a child when the child does not want to.
4) Tells you they do not want to be alone with a child or becomes anxious when a particular child comes to visit?
5) Frequently uses aggressive or sexual language about adults or children?
6) Shows sexual material to younger children?
7) Makes sexually abusive telephone calls?
8) Shares alcohol or drugs with younger children or teens?
9) Views Child sexual abuse material on the internet or elsewhere?
10) Exposes his or her genitals to younger children?
11) Forces sex on another adolescent or child?
If you answered yes to any of these questions, you should talk to the child or young person and seek advice.
1) Afraid that the person who abused them will reject or harm them or those they love.
2) Scared that no one will believe them.
3) Anxious about what will happen next.
4) Confused and conflicted.
5) Unsure about whom they can trust.
6) Feels protective and/or loving toward the person who abused them.
7) Regrets having told (may even take back the disclosure).
Guilt and shame
1) Believes they are responsible for the abuse.
2) Feels guilt about upsetting the family by telling.
3) Feels ashamed if they experienced positive physical sensations.
Hope and relief
1) Is relieved that the burden of secrecy has been lifted.
2) Feels hopeful that the abuse will now stop.
Sexual abuse or incest within the family
- When a child is abused by another family member, each family member is affected.
- Typically, the help of outside specialists is needed to address the emotional toll on the family and to assist the healing process of each individual.
- When sexual abuse takes place within families, the pain we experience can include conflicting and confusing emotions.
- We may feel extreme anguish over what was done to the child, while still feeling love and concern for the family member who committed the abuse.
1) Rage toward the person who abused for harming the child, betraying our trust, deceiving and manipulating us.
2) Anger at the child for not telling sooner.
1) Self-blame for not having seen what was happening in time to protect the child even when the person responsible for the abuse did all that they could to keep it hidden.
2) Guilt over loving or caring about the person who abused the child.
1) Afraid about how the abuse will impact the child.
2) Fearful about the family’s future and the consequences for the person who abused the child.
Loneliness and loss
Grieving for the loss of the life we had, or thought we had, before we knew about the abuse.
Extreme sense of isolation.
- Finding support for ourselves as protective parents and caregivers, we also need support.
- Connecting with those with whom we can share our feelings will help us cope with the trauma and the challenges we face.
- Learning that a child has been abused is a time of trauma.
- It’s important to get help for yourself to help you cope with the emotions, challenges and decisions you face.
- This may be the time to turn to a friend, clergy member, counsellor or therapist for emotional support.
- The more able you are to cope, the more you can help your child and family
Feels angry at the child for telling
Shame and remorse
1) Feels extreme self-hatred; may want to self-harm
2) Is remorseful over the harm they have done
1) Afraid of legal consequences
2) Fears loss of family and loved ones, home, reputation, status and job
3) Concerned about being viewed contemptuously by others
4) If a child or teen, fears being taken from home or losing friendships
1) Feels impulse to deny, justify or minimize the harm
2) Relief and hope
That the burden of the secret has been lifted
That they will get help for a problem they have struggled with secretly over time
Intervening with the abuser:
- The person who has sexually abused a child needs to be held accountable and get specialized professional help.
- The local police or children’s services are often best placed to take the next steps. Should you choose not to contact them, and if it is safe, consider speaking directly to the person who has offended.
Some points to keep in mind when speaking with someone who has or may have abused:
1) Explore the situation in a non-accusatory, non-confrontational way. This may help to reduce the person’s defensiveness.
2) Be specific about the behaviours that concern you and state your reactions to them.
3) Ask simple and direct questions.
4) Let the person know that there is help available; individuals can and have gone on to live abuse-free lives by first taking responsibility for the harm they’ve done, facing the consequences of their actions, and committing themselves to change and to specialized treatment.
5) If you feel it, let the person know that you care about them. Loving support can be an important factor in getting someone to take responsibility, face consequences and get treatment.
6) Conversations generally need to happen more than once. Find a friend for yourself whom you can turn to for support.
Coping with paedophilic tendencies
Paedophilia is a condition in which an adult person feels sexual attraction towards children, usually prepubescent children. This affliction towards prepubescent children can happen to pubescent children as well.
The most important thing to be kept in mind is that though a person has paedophilic tendencies, he/she may not act upon it. If a person acts upon this tendency, it becomes child sexual abuse / molestation. So, what has to be understood is that paedophilia is not child molestation.
“Not all sex offenders who target children are paedophiles, and not all paedophiles are sex offenders.”
The exact cause for paedophilia has not been conclusively determined. Some scientists have a theory that the brains of persons having paedophilic desires function differently, which causes them to feel sexual desire towards children where other adults feel the desire to protect and nurture. These scientists put forth the theory that paedophiles are born with such tendencies.
There is another school of thought, which says that paedophilia manifest during childhood after they were abused as children themselves.
“Paedophilia” has been widely used interchangeably with “child molestation”. However, as explained above, it is not the same thing. A paedophile is someone who has a strong sexual desire towards a child, but they might not always act upon it. It becomes an offence only if one acts upon these desires.
Paedophilic afflictions can affect anyone. Though one may not realise it right away, there would almost always be red flags that indicate this. The most obvious and common sign is the occurrence of intense and frequent inappropriate sexual fantasies about children. Persons with paedophilic tendencies might constantly touch children or find excuses to be alone with children.
They would try to communicate with children alone, away from the supervision of parents or relatives. They might try to get close to children by giving them special gifts or playing games with them.
These are not the only signs of paedophilia and in a lot of cases these would be done by non-paedophiles who are fond of children. So, do not be hasty in pointing a finger at someone.
The first reaction that a person receives about his/ her paedophilic affliction is important in his/ her journey towards a non-offending life. It is important not to ostracise them or make them feel guilty if they have not acted upon their desires. Remember that if a person is approaching you it is seeking help and not with an intention to act upon his/ her desire.
If a person approaches you admitting that he/ she is having such feelings or if you see signs of such tendencies in them, do not blame them. Until they have acted upon these desires, they have done nothing wrong; they are innocent. It is vital that you do not make them feel bad about themselves. Explain to them that their sexual preferences won’t prevent them from having a normal life unless they act on them.
First thing is to make them understand that adult-child sexual relationships are never going to be acceptable. Educate them about consent and explain to them that a child will never be able to give consent.
Everyone needs support to go through life and so do people with paedophilic desires. In a lot of cases, people do not act on their paedophilic desires if they have other meaningful aspects in their life that they could focus on. Researchers say that paedophiles are most likely to offend when their self-esteem is low and stress levels are high. So, it is important to lend emotional support to suppress these desires.
Help them concentrate on other parts of life other than sex, dating or marriage. Remind them that life can still be rewarding without these aspects. Moreover, a person with paedophilic tendencies can still have a family if they have enough attraction towards adults. As long as they do not engage in offending behaviour, they could hope to have a meaningful life.
Get them the help they need. It might help to talk to a therapist about the feelings that they have. Therapy could offer tips to control their sexual urges and find alternative methods of relieving their tendencies. Support groups might be even more helpful since they would be among people who understand them the most.
Exercising control of one’s desires is something that everyone should practice. It is the same with persons with paedophilic tendencies. Though it might feel that you cannot control your feelings, as long as you do not act upon it, you are in the clear.
- Do not beat yourself up for things that you cannot control. Your sexual attraction towards children is not something that you can control but your actions are.
- Set rules for yourself with respect to contact with children. There might be a lot of children in your family that you might get in contact with occasionally. So it is important to have “dos and don’ts” regarding contact to avoid instances where you might feel that you do not have control over your actions.
- Mentally prepare for scenarios in which you might be alone with children and keep in mind a set of actions that would help you control your desires in those situations. Example: substituting the thought with a different thought or activity that is more mentally challenging, reminding oneself of consequences of acting upon the urge by reading cue cards, practising relaxation exercises.
- Try not to be alone with children and remove temptation. Avoid situations where you might be asked to take care of children.
- Avoid watching child pornography and videos of children.
- Have hobbies and distractions that can help deflect your paedophilic thoughts.
- In a lot of cases, being aware of consequences can help a person not to act on his/her desires.
Any kind of sexual activity requires consent of both parties. Anything ranging from actions, words to physical contact with a sexual intent can be considered as a sexual activity. The law classifies sexual acts into two: natural sexual acts and unnatural sexual acts. If any act of sexual nature is committed against a child it is a punishable offence. Natural and unnatural sexual acts committed against women without their consent are punishable offences. The law also punishes a person who commits non-consensual unnatural sexual acts against all persons including men, women and others.
Elements of consent:
- Age: In India, age of consent for having sex was raised from 16 years to 18 years. If any person, whether or not such a person is an adult, has sexual intercourse with a minor (a person younger than 18 years), even with the minor’s consent, it is considered that the person has committed sexual assault against the minor. Minors having consensual sexual intercourse with minors is also an offence under the Indian Penal Code and the POCSO Act (Protection of Children from Sexual Offences Act). In October 2017, the Supreme Court had held that sex with a minor wife is still rape. From November 2012, with the enactment of the POCSO Act, any person who has sex with a minor can be charged under Act. Under the Act, sexual intercourse with children regardless of their gender is considered a crime. In the case of a minor boy and girl having sex, the boy can still be tried as an adult if he is over the age of 16 years.
- Specific: A consent once given does not entitle the other party to indulge in all kinds of sexual activities. The consent is given for specific activities.
- Reversible: Consent once given is not continuous. One can withdraw consent at any point. Consent can be withdrawn at any point of time, even in the middle of sexual activity. Even after the withdrawal of consent, if the other party continues with the act, it is done without consent.
- Conscious: Consent is not a valid consent if it is given when the person was intoxicated and was unable to comprehend what he/she/they is consenting to or, if he/she/they is mentally ill and cannot understand what he/she/they is giving consent to. He/she/they should not be consenting when he/she/they is drugged by the other party and is unable to properly understand what he/she/they is consenting to.
- Freely given: Consent obtained by threatening him/her/them or anyone else he/she/they knows with death or bodily hurt is not a valid consent. Consent should be freely given without any pressure.
- Not given by misrepresentation: If a person enters into sexual intercourse with a woman misrepresenting him to be her husband when he knows that he is not, then the consent given by the woman is not valid consent.
These are the legally required elements of consent. It is necessary for a healthy relationship to consider the following elements also:
- Explicit: Consent should be given explicitly by words or action. Not saying ‘NO’ is not equal to consent. The consent should be express and affirmative.
- Enthusiastic: The consent should be enthusiastic. Only ‘yes’ is yes. ‘I don’t know’, ‘maybe’, ‘I’m not sure’ is not consent.
Under the POCSO Act, sexual activity with children is an offence irrespective of their gender. Non-consensual sex between husband and wife is not a crime unless they are living separately. The constitutional courts of India have held that marital rape is considered as cruelty and that it is a valid ground for divorce. The legality of the act should not be the only reason to give importance to consent but it should be considered as a necessity for good sexual practices. Non-consensual sexual activity is an attack on the autonomy of a person. This can be a sexual remark, asking for sexual favours, actions which have sexual connotations, touching the body of the other person etc. People should be especially aware of such actions where there is a power imbalance. Examples of this are sexual advances by the boss, by an elder person in the family etc. In such situations, it might not be possible to say ‘NO’ affirmatively and expressly.
Disclaimer: This article is intended to describe the concept of consent while engaging in sexual activity. If you are a victim of rape or sexual harassment try talking to a medical professional. This article is not a substitute for medical advice.