Rape not gendered: Delhi court shatters myth of 'only girls are victims', jails man for assaulting minor boy

The court cited government data showing over half of child sexual abuse survivors are boys, warning that stigma and misplaced ideas of masculinity make it harder for them to report and recover.

New Delhi: A Delhi court has sentenced a man to 15 years of rigorous imprisonment for raping a minor boy in 2019, observing only girls being subjected to penetrative sexual assault was a "myth" as boys were equally susceptible to the heinous crime.

Additional sessions judge Anu Aggarwal was hearing the arguments on sentencing against the man, who was convicted under Section 6 (aggravated penetrative sexual assault) of the POCSO Act, and under Section 377 (unnatural offences) of IPC.

In an order on July 31, made available recently, the court said, "Boys are as vulnerable to the sexual abuse and exploitation as girls, and they are equally susceptible to the heinous crime of penetrative sexual assault. It is generally presumed that only girls can be subjected to penetrative sexual assault. However, this is a myth."

During the arguments, additional public prosecutor Arun K V cited a report by the Union Ministry of Women and Child Development, noting approximately 54.68 per cent of child sexual assault victims are boys.

He said male children were equally vulnerable to sexual abuse and endured severe psychological trauma, comparable to their female counterparts.

It said the POCSO Act covered all children, irrespective of gender.

"The mental trauma that the sexually abused boy experiences is the same as that of other sexually abused survivors. They experience fear, flashbacks and undergo post-traumatic stress disorder."

In the societal framework, where masculinity was wrongly associated with emotional strength, it was more difficult for boys to cope with the mental trauma caused by sexual assault, the court added.

"Due to the social framework, they start feeling ashamed, they feel that they are not strong enough, and it impacts the overall psychological health of the child," it said.

Aside from the jail term, the man was ordered to pay Rs 2 lakh compensation to the survivor within a month.

It also directed the state to compensate the minor survivor with Rs 10.5 lakh.