Every now and then an incident occurs that shakes the consciousness of everyone having knowledge about it. On the flip side, they provide us with an opportunity to educate the masses about the looming threat. The ghastly act of an 81-year-old rapist provides us with one such chance.
Octogenarian man arrested for raping a minor
An 81-year-old has been arrested for raping a 17-year-old child in Noida. Apparently, he was a sketch artist and had been raping the girl from the time when she was 10 years old. The family of the girl had sent their daughter to study and live at an old man’s house. Initially, she was reluctant to file a complaint, but then she gathered courage and gathered some video evidence of the act and went to the police.
“Accused Maurice Ryder has been arrested after an FIR was lodged against him under Indian Penal Code Sections 376 (rape), 323 (voluntarily causing hurt), 506 (criminal intimidation). He is accused of digital rape of a 17-year-old girl over the last seven years,” said a spokesperson of Noida Police.
But there is a significant difference between the rape we understand in the general sense of the word and the kind of rape this old man committed. What this man committed is called a ‘digital rape’. Let’s understand it in detail.
What is digital rape?
Digital rape is not a new phenomenon and has been hurting human civilisation for the time being. It is done when a person uses his/her non-sexual organ-like finger, thumb or any other body part to evade the bodily autonomy of other individuals. These organs are inserted into the private parts of the victim. Though it is needless to say, 100 per cent of the time it is done with force.
It is termed as digital because ‘digit’ in the English language dictionary means finger, thumb and toe.
When did it come into force?
Up until December 2012, the act was not termed as rape. It was categorised as simple molestation. After the Nirbhaya rape case, a wave of new laws were passed which identified the phenomenon and categorised it under rape.
Where is it written under the law?
Though digital rape is a gender-neutral term covering all kinds of victims and perpetrators, Indian laws identify only female victims and male perpetrators. Lawmakers have put rape victims into two categories. Minors and Majors. While the digital rapists of the majors will be tried under Section 375, the digital rapists of the minors can be tried under both Section 375 as well as POCSO Act.
Section 375 defines a digital rapist as anybody who “inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person”
Meanwhile, Section 3 of the POCSO act defines a digital rapist as anyone who, “inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person”
What will be the punishment meted out to this man?
Ideally, the punishment for such crimes should be death, but Indian laws provide for lesser punishment on ‘humanitarian ground’. If the man had been charged under POCSO Act, then he would be punished for seven years only. But the Police officer did a commendable job and booked him under Section 376, the maximum punishment under which is 10 years. However, if the Court deems it fit, it can send the man to rot in jail for the remainder of his life.
Close ones commit it and that is why people should know more
It is astounding to know that people do not have much idea about the phenomenon. Apparently, people should be more vigilant about this phenomenon than the rape in the traditional sense. This is because these kinds of rapes are committed by near and dear ones. Though it is not a rule, in rape cases, the victim and perpetrator have a certain degree of distance between them. But, in digital rape, it is almost always close ones that turn out to be the perpetrator.
Whenever the term comes up, most people assume that this is something which happens in online spaces like metaverse. These kinds of confusions not just reek of absurdity, but also tells us how much we as a society are serious about curbing animalistic instincts.
Rape is a heinous offence. It’s a crime against humanity. It breaks the core functionality of the victim. The victim is never the same as she/he used to be before the act. No matter who does it and in what capacity, they should be subject to the worst form of punishment.
