Rape - Definition - Law Dictionary Home Dictionary Definition rape

Definition :

Rape, extends also to the forcible sexual intercourse by a woman with a man, as well as the offence of rape as defined in the Indian Penal Code speaks only of forcible sexual intercourse by a man with a woman, Anil Kumar Mahsi v. Union of India, (1994) 5 SCC 704.

Rape, is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' (Hale PC 628).

Rape, or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co-Litt. 123-b).

The offence of rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud', or as 'the carnal knowledge of a woman by force against her will'. 'Rape' or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co. Litt. 123-b); or as expressed more fully, 'rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' (Hale PC 628), State of Madhya Pradesh v. Munna Choubey, (2005) 2 SCC 710 (713). (Penal Code, 1860, s. 375)

At common law, unlawful sexual intercourse committed by a man with a woman not his wife through force and against her will, Black's Law Dictionary, 7th Edn., 1267.

1. A division of a county, especially Sussex, similar to that of a hundred, but oftentimes containing in it more hundreds than one. It was originally a military government.

2. The carnal knowledge of a woman by force against her will was for a long period punished as a capital crime in the country; but it is now provided (see s. 48 of the Offences against the Person Act, 1861) that any person convicted of rape shall be guilty of felony, and be liable to be kept in penal servitude for life, or for not less than three years, or to be imprisoned for not exceeding two years, with or without hard labour. See also the Criminal Law Amendment Act, 1885, by s. 4 of which connection induced by personation of the woman's husband is declared to be rape.

The complaint of the woman shortly after the occurrence, and its particulars, may be given in evidence for the prosecution, not as evidence of the facts complained of (see HEARSAY EVIDENCE), but of the consistency of the conduct of the woman with the story told by her in the witness-box, and as negativing consent on her part, Reg. v. Lillyman, (1896) 2 QB 167 CCR. It is the universal practice to require corroboration of the woman's accusation [see R. v. Osborne, (1905) 1 KB 551]. As to what con-stitutes carnal knowledge, see s. 63 of the Offences against the Person Act, 1861, which provision also applies to offences under the Criminal Law Amendment Act, 1885 [R. v. Marsden, (1891) 2 QB 149]. See ABUSING CHILDREN.

In order to find an accused guilty of an attempt with intent to commit a rape, court has to be satisfied that the accused, when he laid hold of the prosecutrix, not only desired to gratify his passions upon her person, but that he intended to do so at all events, and notwithstanding any resistance on her part. Indecent assaults are often magnified into attempts at rape. In order to come to a conclusion that the conduct of the accused was indicative of a determination to gratify his passion at all events, and in spite of all resistance, materials must exist, Koppula Venkat Rao v. State of Andhra Pradesh, (2004) 3 SCC 602 (605). (Indian Penal Code, s. 376)

To constitute the offence of rape, it is not necessary that there should be complete penetration of the penis with emission of semen and rupture of hymen. Partial penetration within the labia majora of the vulva or pudendum with or without emission of semen is sufficient to constitute the offence of rape as defined in the law. The depth of penetration is immaterial in an offence punishable under s. 376 IPC, Aman Kumar v. State of Haryana, (2004) 4 SCC 379 (386); Sakshi v. Union of India, (2004) 5 SCC 518. (Penal Code, 1860, s. 376)