This article focuses on the rape law in Nepal along with the various legal provisions.
Rape is a serious crime that affects individuals worldwide, including in Nepal. Understanding the laws relating to rape is important to protect victims and ensure justice is served. In Nepal, rape laws are defined under Section 219 of the Muluki Criminal Code. In this article we will understand what constitutes rape, how it is punished, and other important aspects of these laws.
What is Rape?
Rape is a crime where a person, forces another person to involve in sexual intercourse against their will. Rape law in Nepal is legally defined as any instance where sexual intercourse occurs without the consent of a woman or even with the consent of a woman below 18 years of age. Even if a woman is under eighteen years old, any sexual intercourse without her consent is considered rape under the law.
Elements of Rape
To constitute rape, certain elements must be present:
Actus Reus
This refers to the physical act of the crime. In the case of rape, it involves engaging in sexual intercourse without consent, with or without the use of force.
Mens Rea
This refers to the mental state of the offender. For rape, it includes the intention to engage in non-consensual sexual activity and to disregard the lack of consent or the age of the victim.
Types of Consent Not Recognized
In Nepal, consent obtained through coercion, undue influence, fear, threat, or deception is not considered valid consent. Additionally, if a person is underage (below 18 years old), they are legally unable to provide consent, regardless of their willingness.
Punishment for Rape
The punishment for rape varies based on factors such as the age of the victim and the circumstances of the crime.
- If the victim is below ten years old, the offender can face imprisonment for 16 to 20 years.
- If the victim is between ten and fourteen years old, the offender can face imprisonment for 14 to 16 years.
- If the victim is between fourteen and sixteen years old, the offender can face imprisonment for 12 to 14 years.
- If the victim is between sixteen and eighteen years old, the offender can face imprisonment for 10 to 12 years.
- If the victim is eighteen years or older, the offender can face imprisonment for 7 to 10 years.
Types of Rape in Nepal
Marital Rape
Marital rape occurs when a husband engages in sexual intercourse with his wife without her consent. It is recognized as a criminal offense in Nepal, acknowledging that marriage does not grant automatic consent for sexual activity.
Statutory Rape
Statutory rape refers to sexual intercourse with a person below the age of consent, which is eighteen years in Nepal. Even if the minor provides apparent consent, it is deemed invalid under the law.
Gang Rape
Gang rape involves multiple perpetrators engaging in non-consensual sexual intercourse with a victim. In Nepal, additional penalties may apply if the victim is pregnant, disabled, suffering from an illness, or if weapons are used during the assault.
Incest Rape
Incest rape occurs when sexual intercourse is forced upon a woman who is in a prohibited degree of relationship with the perpetrator, such as a natural mother or daughter. Perpetrators may face heightened penalties, including life imprisonment.
STD Rape
STD rape refers to sexual intercourse where the perpetrator knowingly transmits a sexually transmitted disease (STD) to the victim. Additional sentences are imposed if the offender is aware of their STD status and intends to transmit the disease.
Reporting Rape (Section 4 of Criminal procedure code 2074)
Anyone who knows about the commission of a rape offense, or believes one is being committed, should report it to the nearest police office. This can be done in writing, verbally, or through electronic means. The report must be filed within one year from the date of the offense.
Conclusion – Rape Law in Nepal
In conclusion, it’s essential to understand rape law in Nepal to safeguard people’s rights and ensure fairness for victims of sexual violence. These laws define what constitutes rape, outline the elements required for the offense, and detail the various types of rape along with their associated punishments. Nepal’s legal system is dedicated to addressing sexual violence by clearly defining these offenses and their consequences.
Also, Read Cheating Laws in Nepal
