RAPE LAWS LIMITED TO ‘WOMEN’ ONLY

Abstract

The main reason for me to choose this topic to write the paper on is mainly to let people know that even though men they know have not experienced harassment, it is still an act that many of them are suffering through. Male harassment is still a serious problem in modern culture, one that is frequently disregarded. This study aims to investigate male harassment from all angles, including kinds, prevalence, victim impacts, and current solutions. This research attempts to provide a deeper knowledge of male harassment and propose preventative and support techniques by synthesising existing literature and empirical investigations to its readers.

Keywords

Male harassment, victim, predator, legal policy, policymakers

Introduction

A widespread problem that affects people in all situations and demographics is harassment. Although harassment against women has received a lot of attention, harassment suffered by men has often been neglected. By analysing the frequency, forms, effects on victims, and current approaches to address this problem, this research seeks to close the knowledge gap about male harassment.

The word ‘rape’ is considered a taboo in most places even now. There have been multiple movies released, books written, and articles published just to normalise talking about it not as to normalise the act of ‘rape’ but in order to not be ashamed of being a rape victim and raise a voice however, there are still people out there who choose to commit suicide after being a victim of this heinous crime because of it considered as a taboo. Multiple laws are in existence to help the victims, or should I say, women who go through it which is a real good sign of growth of a country. But where everyone pretends to be a feminist, do they really know what a feminist is? A feminist is someone who believe in equality of rights and not one gender superseding another. Clearly, especially in India, in legal codes, provisions are only for those victims who are women. I agree that the maximum sufferers are women but there is still a percentage of those who are men and have nobody to turn to.

Men have been taught, from the very start, to be emotionally, mentally and physically strong. They are not to showcase their emotions or their weaker side in front of no one which if looked at from a closer sense is incredibly hard. Because of this teaching, they feel beyond ashamed to have been ‘raped’ and forget that they have been wronged. The question that would often arise in their minds would be, ‘how could I let this happen to me?’ instead of ‘how can I correct this wrong?’ It is all because of what is filled in their minds and an illogical stereotype which leads them to believe that only women could be victims of this heinous crime. 

Research Methodology

This paper is of descriptive nature and the research is based on secondary sources for the deep analysis of male harassment, its impacts and how one can help out a male victim of harassment. Secondary sources of information like journals, websites and articles are used for the research.

Review of Literature

It is important to place male and female harassment on the same pedestal when it comes to creating laws for them. Its important to let them know that the law will cater to their needs as well.

Helen Lacey in her article mentioned that even though cases of male harassments reported are much fewer than that of female harassment, it leaves an equally traumatic mark on both the genders. This is also talked by M.A. Aranithi in the article. Its mentioned how harassment of any kind can deteriorate one’s physical and mental conditions by a lot. This could also lead to pushing the victim into depression which could be very hard to get out of. 

Rape

Maybe, ‘rape’ is quite a big word to use because according to various debaters, biologically women cannot rape men but “Of certainly, women can abuse men and other women sexually. Furthermore, their victims may ethically characterise their experiences as having been ‘raped’. This is the case, for instance, for men who have been coerced into engaging in intimate sexual relations with a woman against their will. These guys have ‘only’ experienced sexual assault; they have not been “raped” by their female attackers.”, says another blog online. What we can draw from the above quoted lines is that even thought it could be impossible to rape a man biologically, it is possible for him to go through harassment which is extremely important for us to acknowledge and talk more openly about. 

An assessment of the features of sexual assault amongst patients at the centre revealed that 1% of referrals were guys who had been raped by other men, frequently someone the victim knew. Their attack features were remarkably similar to those of female victims; more than half of them displayed symptoms that were suggestive of rape trauma syndrome. This just displays that although comparatively lesser than female rapes, male rapes have also been reported even back in 1991. 

Types of Male Harassment:

Male-on-male harassment includes a wide range of actions that compromise their safety, well-being, and dignity. Though less common than harassment directed at women, it is nevertheless a severe problem in a number of settings, such as the workplace, educational institutions, and online platforms.

  • Workplace Harassment: This could cover unwanted sexual advances, requests for sexual favours, and other sexually suggestive words or actions that make the workplace uncomfortable or frightening.
  • Harassment Based on Sexual Orientation or Gender Identity: A hostile environment can be created by small acts or statements that are unfriendly or insensitive towards LGBTQ+ people.

The above mentioned are only two of the distinct types of harassment faced by men in this time and period. They are indeed identical to those faced by women, but the difference found is that the discrimination against women is getting attention (even if its not enough) whereas no heed is being paid to those against men. In order to make provisions or even to appeal for those provisions, its incredibly important for the educated people to talk about it openly enough so that the issue can also reach the ears of the laymen out there. 

While there have been various scholars publishing articles, books and blogs on rape of women, there are hardly those talking of male rape. “Even legal scholars have turned a blind eye to male rape victimization. With few exceptions, scholars writing about rape have either male-on-male rape entirely, confined their discussions to prison rape, or mentioned it only in passing.”

Impacts of Male Harassment

Victims of male harassment suffer severe consequences in many areas of their lives. Psychologically, it can result in elevated levels of tension, worry, and sadness, which are frequently exacerbated by low self-esteem and feelings of shame. Emotional distress can strike victims, causing them to feel angry at the offenders and powerless to change their situation. Harassment has the potential to negatively impact career paths, lower job satisfaction, and foster a toxic work atmosphere. It interferes with studying, affects grades, and causes social disengagement in school environments. Socially, victims who feel alone and unsupported may distance themselves from people and hobbies they used to like. Harassment can have physical effects such as insomnia, psychosomatic symptoms, and long-term health problems. These effects highlight the critical need for fanatical support networks, early intervention techniques, and systemic adjustments to promote harassment-free workplaces that are supportive of everyone’s wellbeing.

Perpetrators of Male Harassment

Examining the traits, driving forces, and larger environments that support the actions of male harassers is necessary to comprehend these individuals. Victims are subjected to a variety of types of power by perpetrators who may have different origins or hold positions of authority. Perpetrators frequently utilise their seniority or leadership positions in the workplace as a means of gaining control through verbal or physical abuse, sexual approaches, or discriminatory acts based on gender stereotypes. Such actions may be driven by a mistaken sense of entitlement, a desire for personal fulfilment, or a desire for supremacy. In academic settings, male students may be the subject of bullying, sexual harassment, or cyberbullying by peers or faculty members who are trying to uphold damaging stereotypes or elevate themselves in the community. Additionally, the anonymity offered by online platforms gives offenders the confidence to engage in harassment, including trolling and the dissemination of harmful content.

In order to effectively combat male harassment, it is necessary to not only hold offenders accountable but also to question cultural norms that uphold power disparities based on gender and promote equality and respect in all areas of life.

Following are a few suggestions on how one can support a male victim (or even female, for that matter) of harassment:

Listen: Many individuals who are experiencing a crisis believe that no one is paying attention to them or understanding them. Give them your whole attention to let them know they matter. Many survivors find it difficult to report assault or abuse, particularly if they worry that stereotypes about masculinity would not believe them. 

Give them emotional validation:  Refrain from giving them too much encouragement, such as “It will get better,” or from attempting to control their feelings, such as “Snap out of it” or “You shouldn’t feel so bad.” Say something like, “That sounds like a really hard thing to go through,” or “I believe you.”

Offer suitable resources: Men’s access to resources and services following sexual assault or abuse may be hampered by other factors in their lives. For instance, black men could be reluctant to contact law enforcement, while trans guys would encounter difficulties accessing medical care. Recognise these concerns and do your best to recommend resources that you believe will be most beneficial when helping a survivor.

Legal Policy and Framework

Although obstacles still exist, frameworks for laws and policies pertaining to male rape and harassment have developed to recognise and shield male victims. Many jurisdictions have changed their legislation to include wording that is gender-neutral and to include male victims in their definitions of sexual violence. However, stigma, societal views of masculinity, and institutional biases continue to be major obstacles to underreporting. ‘There is continuous work being done to strengthen reporting protocols, increase training for law enforcement, and offer specialised support services to male victims. Global human rights norms place a strong emphasis on everyone’s right to be free from discrimination and violence, which encourages nations to implement all-encompassing strategies that support gender equality and cater to the special needs of male victims.’- this is what is believed and said by the policymakers but if we do look around, is anything actually being effective? Yes, the lawmakers are thinking about how to include provisions for harassment against men, but it is long overdue and by now actions should’ve been visible.

Men choose to not report this heinous crime that happens to them being afraid of how the society would envision them weaker than they are taught to be which even most women had feared for the longest time. It is now that women are gradually overcoming this fear and talking about their experiences more openly. Standing up for themselves and taking revenge has become secondary to most while taking a stand against the wrong so that others don’t have to face it has become primary. But it is due to underreporting that facts and numbers can’t be straightened out when it comes to male harassment and a quick action is not being implemented.

Following are a few sections to showcase that IPC was not gender neutral: –

Section 375. Rape– This section clearly only talks about a ‘man’ raping a ‘woman’. To include this crossover is equally important but in no way should it only be limited to a ‘man’ committing rape of a ‘woman’. Both the victim and the predator could be of any gender. However, I too believe that biologically, it might be impossible for a woman to rape a man, a man or a person of third gender could commit this heinous crime too and most importantly, the victim could belong to any sex/gender as well.

Section 354 of the IPC also talked about only outraging a ‘woman’s’ modesty and not of any other gender.

Such sections of the statutes force the citizens to believe that only men are the predators and lead the society to victimise the women in every scenario. They make all the other genders feel excluded out of the protection provided by the law and government.

Interventions and Support Systems

For male victims of rape and harassment, interventions and support networks are essential to meeting their specific needs and promoting healing. These systems include a variety of interventions intended to offer short-term help, long-term rehabilitation, legal recourse, and psychological support. Following are a few mentioned which can easily be implemented by the government: –

  1. Emergency Support and Crisis Management:

Hotlines and Helplines: Committed hotlines and crisis centres provide male victims with prompt assistance and direction, as well as a private setting in which to talk about their experiences and get advice on what to do next.

Emergency Shelters: Safe shelters offer male victims who may need to flee from imminent danger or seek protection from persistent harassment a temporary place to stay.

  1. Psychological Assistance and Guidance:

Treatment: Trained psychologists and counsellors provide trauma-informed treatment specifically designed to meet the needs of male victims. They assist male victims in processing their experiences, coping with emotional pain, and reestablishing a sense of safety and trust.

Peer support groups provide a safe space for male victims to connect with other victims, exchange stories, receive validation, and offer and receive encouragement from one another.

Support groups are in existence in India but there are hardly people/victims who are even aware about them. For such groups to not be considered a taboo or something negative, its us as society and the government who will have to take the initiative and promote them. Especially men need to be informed that expressing one’s emotions in a support group is not a sign of ‘loneliness’ or weakness and it is not their fault if they were a victim of such a crime, but it’d be their fault if they kept shut about it just in the name of masculinity. 

  1. Legal Action and Protest:

Legal Counsel and Assistance: Gender-based violence attorneys advise and represent male victims in court, as well as educate them about their rights and help them through the legal system.

Advocacy and Rights knowledge: NGOs and advocacy groups strive to dispel misconceptions, increase public knowledge of male victimisation, and push for legislative changes that will strengthen legal safeguards and judicial system accessibility.

A comprehensive strategy that takes into account the victims’ immediate needs, encourages healing, guarantees access to justice, and gives them the tools they need to start over is necessary for effective interventions and support networks for male victims of harassment and rape. Maintaining funding for these programmes is crucial to building environments that are safer, more encouraging, and free from prejudice and violence for everyone, regardless of gender.

Comparative Analysis with Female Harassment

While verbal abuse, bullying, and online harassment are common forms of harassment experienced by both genders, a comparative analysis of male and female harassment reveals subtle differences resulting from power dynamics, gender norms, and societal expectations. Gender inequality, power dynamics, and sexual objectification are frequently intertwined with female harassment, impacting its expression in a range of contexts such as the workplace, educational institutions, and virtual environments. Sexual harassment of women is a common occurrence that stems from patriarchal institutions and is perpetuated by societal standards. This harassment affects women’s sense of safety, employment prospects, and mental health. Male harassment, on the other hand, might take on particular forms, such as criticism of one’s perceived masculinity, abuse that is homophobic or transphobic, or mockery based on deviance from conventional gender norms. These gender-specific harassing behaviours can have different psychological effects, and men may find it harder to report these behaviours because of social norms that value independence and toughness. Historically, legal and regulatory frameworks have prioritised the protection of female victims over that of male victims, which has led to continuous efforts to broaden safeguards that are gender-neutral and to provide support services for all victims of harassment. In order to create comprehensive solutions that address the various experiences of harassment victims and foster inclusive and fair settings for all genders, it is imperative to acknowledge these distinctions.

As expected, women reported a higher frequency of sexual harassment. Further, women had increased odds of experiencing all subtypes of sexual harassment. Being female conferred the greatest risk for experiencing the most serious forms of harassment. For both men and women, sexual harassment was associated with more negative current mental health. However, at higher levels of harassment, associations with some negative mental health symptoms were stronger for men than women. Although preliminary, the results of this investigation suggest that although women are harassed more frequently than men, clinicians must increase their awareness of the potential for sexual harassment among men in order to provide the best possible care to all victims of harassment.

Suggestions

  • The public at large does not expect a sudden change, but measures should atleast be taken little by little. The littlest step the government could start by would be to simply use gender neutral language in the provisions and laws that have been created and those that will be created in future. 
  • Awareness and Education: Start extensive public education efforts about male rape to inform both law enforcement and the general public. This involves dispelling myths and preconceptions about male victims.
  • As the paper already highlights, more the people talk about it without any hesitation in the public, the more laymen will consider it a normal topic to be discussed. 

Conclusion 

In summary, comparing harassment incidents involving men and women reveals intricate interactions influenced by legal frameworks, cultural expectations, and society standards. While verbal abuse, bullying, and cyber threats are frequent forms of harassment experienced by both genders, the ways in which harassment manifests itself and its effects can vary greatly. In the context of gender inequality and power dynamics, female harassment frequently takes place, and as a result, women may experience sexual objectification, discrimination, and obstacles to professional advancement. The patriarchal systems and social practices that support gender-based violence are at the core of these encounters. Male harassment, on the other hand, can involve particular difficulties such abuse that is homophobic or transphobic, attacks on perceived masculinity, and stereotypes that control actions and reactions. The psychological repercussions can differ, and because of social expectations of strength and stoicism, male victims may face obstacles in reporting. The protection of female victims has historically received more attention in legal and legislative frameworks, which has led to continuous efforts to increase gender-neutral safeguards and support services that cater to the needs of all harassment victims, regardless of gender. In order to create inclusive environments, advance gender equality, and make sure that comprehensive methods successfully prevent and respond to harassment in all of its forms, it is imperative that these subtle distinctions be acknowledged and addressed. I would most importantly like to highlight that this paper suggests to normalise talking about the experience of the rape victim rather than to normalise this act of raping.

KISHTI AGARWAL

O.P. JINDAL GLOBAL UNIVERSITY