Male Rapes – Some Myths, Statistics, True Incidents and Legal Insight

A True Story

Is Rape attempted only on females? I would request you to think again. Male rapes are not fiction created in novels and movies. What happened in Shawshank Redemption can happen to anyone at any place.

Shikhar (name changed) was popular at his college for being a philanderer. He had multiple girlfriends and at age of 22, he had everything a student could aspire for. He shared his room with two of his classmates. His relations with them were not cordial. He had some unresolved issues with them. One night when he was sleeping, he realized that his room mates were tying him to the bed. He was repeatedly raped (sodomised) by both of them that night.

The incident changed Shikhar’s life completely. Even after two years, he hasn’t dated any girl or talked about sex with his friends. The very talk of sex upsets him. He also tried attempting suicide once to get rid of miserable life. Only two of his friends were aware of what happened to him that night, but even they were unable to console him in this situation. Similar to other instances of male rapes, the matter went unreported.

Male Rapes: Some Shocking Statistics

About 10% of rape victims are men. Findings From the National Violence Against Women Survey, US points out that 71% of male victims were first raped before their 18th birthday; 16.6% were 18-24 years old, and 12.3% were 25 or older. U.S. Bureau of Justice Statistics (1999) estimated that 91% of rape victims are female and 9% are male Human Rights Watch Report suggests that 22% of male inmates have been raped at least once during their incarceration; i.e. around 420,000 prisoners each year.

History of Male Rapes

In some societies the victorious soldiers were given a right to rape the defeated enemy. The act demonstrated a total control over the defeated warrior. It was believed that whether consensual or forced a male who has carnal intercourse looses his manhood and is thus incapable of becoming a ruler or warrior. Gang Rapes of a male as a punishment was awarded for crimes like adultery in Rome and Violating the sanctity of Harems in Persia and Iran.

Who are the Victims?

Most of the people believe that males are victims of rapes only in jails, prisons and hostels but statistics reveal that these are not the only places where males get traumatized. A large number of males become victim of sexual assaults and forced sodomy in their own houses, pubs and armed forces.

The perpetrators avail the benefit of their victim’s vulnerable condition. A popular notion prevails that a male is supposed to protect himself and if he fails, he has lost his manhood. Like most of the rape victims, these victims start holding themselves responsible to the injustice done to them. The thought that “they have lost their manhood” results in their continuous victimization. Most of them start doubting themselves and may even fail to have healthy sexual lives with their spouses. A very few cases of male rapes are actually reported. The offense is considered difficult to prove and the perpetrators are often acquitted. Out of 852 cases that were reported to police in the UK, only 44 perpetrators were prosecuted. Ironically, the victim who confesses that he had been raped or sexually assaulted is punished by the entire society. The feeling of guilt and shame makes him detest himself and his very existence. The rape is not only committed on his body but also on his mind, soul and spirit.

Indian Penal Code and Male Rape

Section 377 of the Indian Penal Code is the only section that criminalized all acts of carnal intercourse. The section penalizes both consensual and forced sodomy. The minimum punishment awarded of such crimes 10 years which may extend to life imprisonment. The Delhi HC in its leading judgment of Naz Foundation v. Government of NCT and Ors stated that the provisions of Section 377 I.P.C will continue to govern non-consensual penile, non-vaginal sex and penile non-vaginal sex involving minors. Even if the judgment is upheld by the honorable SC, the section can be evoked to punish sodomists, pedophiles and zoophiles.

The only laws that remotely address to the problems of child assault in  the country are sections 376, 377 of Indian Penal Code and some sections  of the Information Technology Act, 2000.  But there is no specific law that can punish pedophiles or can compensate the victims of such events.

The Section 375 of Indian Penal Code does not include males as rape victims. Recently the government decided to amend the definition of rape and replace it with sexual assault instead. They believe that the amendment would give the section a wider jurisdiction and scope. But it is criticized that the proposed amendment would further harm the interests of the rape victims.


It is unfortunate that till now people associate manhood with sexuality. Manhood is not lost by a victim who was sodomized but it is lost rather it does not exist in the perpetrator who committed this heinous act.  It is a myth that only gay men commit such crimes. The offender can be bisexual, straight or homosexual. India definitely needs separate laws to deal with male rape or forced sodomy and child assault. Majority of such crimes remain unreported and therefore awareness must be spread in this regard. The benefits availed by female rape victims under the Cr.Pc must be also extended the male victims. Helplines and Online-help can be provided which may prove helpful in providing psychiatric help to them.

Ignoring Male Rapes won’t change anything but accepting it would surely make a difference.

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The Sadhu (Saint) who robbed me while I was Praying !!

Asharam Bapu ji - A Fake Sadhu in DisguiseBabri Mazad and Gujarat riots are not the only incidents which establish a nexus between crime and religion.

Have you ever imagined that the Sadhu or saint you always looked up to, might being a criminal?  Probably not !  but you are wrong on this, many of our religious protagonists have been caught by law for committing heinous crimes like rapes, child slaughter, murders and frauds.  In November 2009 two sadhus Ramcharan Rathod and Balram Patel were arrested in Junagarh for kidnapping fourteen year old boy.

Recently police exposed a multimillion pound prostitution racket in south Delhi. The police suspects a Hindu Swami (Shiv Myra Dwivedi) used his temple to provide as many as 200 prostitutes. The prostitutes also included air hostesses and students. They solicited for clients in five star hotels. He claimed to have more than 100,000 followers including leading politicians. He was arrested by undercover officers. It is suspected that the accused had connections in other states like Uttar Pradesh Charges of MCOCA are levied against him i.e. he will be prosecuted for organised crime of prostitution.

In September 2009, the police had arrested a sadhu in Alandi (near Pune). He owned an ashram in which children come from different parts of Maharashtra to learn music and other skills. The ashram had residential facilities and at the time of his arrest 20 students were enrolled in the same. The police said “He used to lure them to his room in the ashram on the pretext of massaging his arms and legs and then performed unnatural sexual acts with them. The incident came into light when a thirteen year old boy told about the incidents to his parents.” Subsequently five more boys turned up with the same grievances. The Sadhu was charged under Section 377(unnatural offences) and Section 506(criminal intimidation) of the Indian Penal Code.

Sadhu Santosh Madhavan was jailed in Kerela for 16 years for raping and illegally confining two young girls from an orphanage that he ran. Police had also found pornographic material and drugs in his ashram.

Spiritual Guru Asaram Bapu and two of his disciples were charged with attempt to murder. Raju Chandak, the victim suffered three bullet injuries. He had alleged that mysterious deaths of two boys – Dipesh Weghela and Abhishek Waghela who were studying in a residential school  which was in the premises of Asaram’s ashram was due to the activities performed in the ashram. It was contended by media that black magic acts were performed in the ashram. These are not the only illegal activities carried out in the premises of the ashram. The police has charged him under sections of the Indian Penal Code (IPC) and Arms Act.

These are not the only cases of fraud, abduction, murders, rapes that have been associated with these god men. The strength of these protagonists lies in the support given by their followers. The people religiously and blindly follow their idols. They believe that the charges are conspired against their spiritual leaders. They not only enjoy the support of the public but also get favours from the political parties. Most of these criminals have close nexus with politicians, elites and senior officials. Thus police operations are hindered at every possible stage by the authorities. They also enjoy the privilege of being extremely rich. With the passage of time they succeed in draining the wealth of their followers. Mostly their abstinence is accompanied by luxuries. They have huge mansions, numerous servants, luxury cars and unlimited money. They often use these things to bribe the system.

It is true that all saints are not monsters, but what about those who are? They not only play with the values of people but they also manipulate their subjects. They use their oratory skills to deceive public at large. The media and police have time and again exposed such cases but the public is still venerable. In spite of various awareness programmes people blindly follow their gurus. This has often increased the crime. At times when a Sadhu is caught the people hinder the working of police through their violent protests.

I’m attaching an Article published in the Hindu along with mail.  It exposes some of the magic tricks employed by Sadhu’s to deceive people.

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Is It Crime to Be Gay in a Country which Proclaims to be the Governor of All Human Rights

Dostana - Bollywood Movie Targeted on Homosexuality FunThe recent judgment of Naz Foundation v. Government of NCT and Ors had created havoc all over the nation. The Delhi High Court stated that “Section 377 of the Indian Penal Code is unconstitutional as it criminalises consensual sexual acts of adults in private, violative of Articles 19, 21, 14 and 15 of the Constitution. The provisions of Section 377 I.P.C will continue to govern non-consensual penile, non-vaginal sex and penile non-vaginal sex involving minors.” The ruling was prospective in nature and was not binding on cases already decided. The court further clarified that the term ‘adults’ would constitute persons above 18 years of age. However this decision is binding only in the territory of Delhi and has persuasive value elsewhere. Therefore a proper legislation is required in this regard.

Section 377 is based on the Judo-Christian principles of morality. The British believed that such acts were unnatural and unproductive. They were against the order of the nature and against the will of the god. Homosexuality was not an alien concept to the country. There have been evidences of the same in the Rig-Veda, Manusmriti, Tantric rituals and Kama Sutra. For past 150 years Angaar (which is a small village in Gujarat), marriages between two males take place on the auspicious occasion of Holi.

Different religions have different perspective in this regard. Most of the religions condemn homosexuality on grounds of procreation. But procreation should not be a basis of discrimination as infertility exists in heterosexual couples also. Buddhism does not lay more stress on procreation as such. The Buddhist literature is silent on Homosexuality but it is presumed that the lay monks are allowed to practice homosexuality. Traditionally in Christianity homosexuality was condemned on basis of being unnatural. But now a days many Christians believe that it is akin to other unnatural acts like alcoholism. In Hinduism ancient texts like Manusmriti and Bhagwat Gita condemn such acts. In Islam it is considered sinful and publishable.

Countries like U.K., USA (some states like Georgia, Texas etc), Canada, Australia, Fiji and Nepal have decriminalized homosexuality and have recognized the Right to Privacy argument. Countries like Afghanistan, Iran, Mauritania, Pakistan, Saudi Arabia, Sudan and Yemen prescribe death penalty for the homosexual conduct. In nations like Cambodia, China, The Philippines, Thailand, Vietnam and Hong Kong there is no criminal prohibition on Homosexuality.

Section 377 penalizes private non-commercial sex between two consenting adults of the same sex in the same manner as it penalizes bestiality, forced sodomy and paedophiles. The conduct in this provision relates to man with man, man with woman, and man with animal. The present law is often misused police officials. In Jayalakshmi v. The State of Tamil Nadu, a eunuch had committed suicide due to the harassment and torture at the hands of the police officers. He was continuously subjected to forced anal and oral sex. Similar incidents happened in Bangaluru where a transsexual was raped by a group of hooligans. The section interferes in the private life of individuals. Medical evidence has proven that Homosexuality is not a disease and cannot be treated. It is not by choice but by birth. Morality and public opinion cannot be the basis of any law. The rights of the transgenders, transsexuals and homosexuals need to be protected. They have as much right to choose their sexual partners as the heterosexuals. Consensual Sodomy between adults must not be subject to any punishment. Even A.I.D.S can be prevented if sexual deviance is checked.

Due the pressure from the society most of the homosexuals are forced to live the lives of heterosexuals. This affects the lives of both the homosexual and his heterosexual partners. In Moina Khosla vs Amardeep Singh Khosla A decree of nullity of marriage is granted to the wife under section12(1)(a) of the Hindu Marriage Act as the husband was a homosexual who could not consummate the marriage in spite of the repeated efforts of the wife. The present law has also proved a hindrance in the path of social workers. When a group of A.I.D.S activists went to the Tihar jail to distribute condoms amongst the prisoners, they were not allowed to do so (as it was contrary to Section 377). The punishment prescribed under Section 377 for consensual sodomy is ten years or life imprisonment. It is more than the minimum punishment stated for rape i.e. seven years.

A new legislation is required. Even if section 377 is not struck down completely, it must be definitely amended. Section 377 is the only Section in I.P.C. which deals with Child Assault. There must be separate and specific laws for paedophiles and zoophiles in the country. If people are not made aware of the new law then the same would be manipulated easily. Most of our population lives in rural areas and thus implementation of the same must be done effectively and efficiently. It is contended that a proviso (exception) may be added to Section 377 stating that “a non-commercial homosexual act in private provided that the parties consent thereto and have attained the age of eighteen years would not be prosecuted under the act.”

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