Why penetration of anus, mouth without consent can lead to life imprisonment

Before 2015, getting conviction for rape was an herculean task but that is in the past with the introduction of the Violence Against Persons Prohibition (VAPP) Act 2015 which expanded the meaning of rape and its prohibition beyond the limited scope of earlier laws which provide that rape can only occur with vaginal penetration without consent

The Act in line with current realities took cognisance of the fact that sex has gone beyond the primary sex organs and thus, extended its provisions of rape to include anus and mouth. Now, the issue of forceful anal or oral sex is accommodated under our laws.

With the VAPP Act, rape has occurred when a person intentionally penetrates the vagina, anus or mouth of another person with any other part of his or her body or anything else without consent and even when there is consent but it is obtained by force, threat, intimidation or fraudulent representation as to the nature of the act or via the use of any substance or additive capable of taking away the will of the person or in the case of a married person by impersonating his or her spouse. Also, under the VAPP, a male can be raped and is protected.

Section 1 of the VAPP provides that a person commits the offence of rape if he or she intentionally penetrates the vagina, anus or mouth of another person with any part of his or her body or anything else. Section 1 (b) emphasises that rape occurs when the other person does not consent to the penetration; and (c) when consent is obtained by force or means of threat or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act or the use of any substance or additive capable of taking away the will of such person or in the case of a married person by impersonating his or her spouse.

In section 2, VAPP provides that a person convicted of an offence under subsection (1) of this section is liable to imprisonment for life except where the offender is less than 14 years of age; the offender is liable to a maximum of 14 years of imprisonment. In all other cases, to a minimum of 12 years imprisonment, in the case of rape by a group of persons, the offenders are liable jointly to a minimum of 20 years imprisonment without an option of fine.

Also, the court shall award appropriate compensation to the victim as it may deem fit in the circumstance and a register for convicted sexual offender shall be maintained and accessible to the public.

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