Introduction
Can men get raped? The answer is both “yes” and “no.” Historically, the term “rape” has been predominantly associated with women. This belief stems from the notion that men, due to their physical strength, cannot be victims of rape. However, modern times have challenged this perspective. Numerous surveys from various countries now indicate that men can indeed be victims of rape, perpetrated by both other men and women.
In India, the legal framework does not recognize men as rape victims. The Indian Penal Code (IPC) Section 375 (now section 63 of BNS)defines rape exclusively concerning women. This is rooted in the ideological belief that men always desire sex, and therefore, cannot be raped. However, the Protection of Children from Sexual Offenses (POSCO) Act does provide legal recourse for minors, regardless of gender, who are subjected to sexual assault.
Male Rape Awareness
The concept of male rape began gaining attention in the late 1980s. Despite this, most research and literature have historically focused on female rape victims. In countries like the USA and the UK, the acknowledgment of male rape has led to significant legal reforms. For instance, a survey in Atlanta and Georgia identified a special category of rape termed “being made to penetrate,” where a person is forced to penetrate another individual. Surveys have reported over 1.7 million cases of this nature.
Male-on-Male Rape
According to psychologist Sarah Chrome, 1 in 10 male rape cases are reported. Studies in the United Kingdom reveal that male rape is more prevalent among gay and college communities. Additionally, male rape cases are notably higher in prisons, where many incidents go unreported. Wartime situations also see instances of male-on-male rape, commonly referred to as war rape.
Female-on-Male Rape
Rape by women on men is less common but not negligible. A 2008 survey in the USA reported that 98 men had been victims of rape, with 46% of them stating that their assailant was a woman.
📖 Recommended Reading
To delve deeper into the broader context of gender biases in legal frameworks, we recommend exploring our article “Anti-Male Laws in India”. This article examines the potential imbalance in laws that may disproportionately affect men, complementing our discussion on male victimization and legal implications.
Myths About Male Vulnerability
Gender socialization often perpetuates the myth that males, even young ones, cannot be raped because they can defend themselves. However, not all men, especially young males, possess the ability to fend off an attacker. It’s crucial to recognize that men can be helpless in certain situations.
Men Always Want Sex
A prevalent societal belief is that men always desire sex and therefore cannot be rape victims. This misconception ignores the reality that forced sexual encounters can cause significant physical and mental trauma, regardless of the victim’s gender.
Traumatization
It has been argued that men experience less trauma from rape than women. However, studies have shown that men can suffer severe trauma, often expressing greater anger and distress post-rape.
Sexual Orientation and Rape
Male rape victims often face more physical force during the assault compared to female victims. Additionally, male rape is underreported due to societal stigmas, which label male victims as gay or weak. Research indicates that premature sexual experiences do not necessarily lead to a permanent change in character, though gay and bisexual men are frequently targeted.
Rape Laws Worldwide
United States of America
Initially, US rape laws defined rape as only vaginal penetration. However, in 2012, the FBI’s Uniform Crime Report expanded the definition to include anal and oral penetration, though male rape was not initially included. By 2019, the definition was updated to encompass male victims.
United Kingdom
The UK’s Criminal Justice and Public Order Act 1994 (Section 142) was the first to recognize males as potential rape victims.
China
Before 2015, Chinese law (Article 236) only recognized women as rape victims. A revision in 2015 criminalized sexual offenses against men under the context of forcible indecency, punishable by up to five years in prison.
India
The Indian Penal Code (Section 377) Criminalizes unnatural offences. While consensual male-to-male intercourse is no longer penalized, there are no specific laws addressing sexual offenses by women against men. Section 377 is DELETED.
Indonesia
Indonesian law defines rape as sexual violence against women (Paragraph 285) but does not recognize men as rape victims. However, Paragraph 289 addresses “vulgar actions” and includes both male and female victims, with imprisonment up to twelve years.
Philippines
Before 1997, the Philippines had no laws protecting male rape victims. An amendment in 1997 included males as rape victims, though the penalties differ, with rape against women punishable by up to life imprisonment, and rape against men by 6 to 12 years.
Singapore
Under Section 375(1) of Singapore’s penal law, only women can be rape victims. However, Section 376(1) addresses “unlawful sexual penetration” and provides similar punishments as Section 375(1).
Male Rape Statistics
United States
- Male Rape Cases Reported Annually: Approximately 1 in 71 men (1.4%) have been raped at some point in their lives (National Sexual Violence Resource Center).
- Comparison: About 1 in 5 women (21.3%) have been raped at some point in their lives (National Sexual Violence Resource Center).
United Kingdom
- Male Rape Cases Reported Annually: Around 12,000 men are raped every year.
- Comparison: Approximately 85,000 women are raped every year (RAINN).
India
- Legal Status: Indian law does not currently recognize men as victims of rape under IPC Section 375. Male rape cases are often categorized under other forms of sexual assault or harassment, which are less frequently reported.
- Reported Cases: Specific statistics for male rape are not officially recorded due to legal definitions.
Australia
- Male Rape Cases Reported Annually: Approximately 1 in 20 men (5%) have experienced sexual assault at some point in their lives.
- Comparison: Approximately 1 in 5 women (20%) have experienced sexual assault at some point in their lives (National Sexual Violence Resource Center).
Canada
- Male Rape Cases Reported Annually: Approximately 9% of men reported being sexually assaulted as adults (since age 15) according to a 2018 survey.
New Zealand
- Male Rape Cases Reported Annually:
- About 11% of males report having experienced sexual abuse before the age of 15.
- Nearly 1 in 11 males reported being sexually assaulted at some point in their lifetime.
- New Zealand law recognizes sexual violence against any gender, and efforts have been made to support male victims. However, underreporting remains a significant issue, with 94% of sexual assaults not being reported to the police (HELP) (RNZ).
Conclusion
Men can indeed be victims of rape, though it remains difficult to determine due to underreporting and societal biases. While the prevalence of female rape victims is higher, it is essential to acknowledge and address the rape of men. Legal protections should be equally extended to male victims to ensure comprehensive justice and support for all survivors of sexual violence.
📌 Suggested Post
For a comprehensive understanding of a critical social issue, explore:
🔹 Rape in India: Rising Crisis or Ongoing Tragedy? Root Causes of Rape in India - Delving into the complex factors behind the prevalence of rape in India, this article addresses both societal and systemic root causes.
References- THE BHARATIYA NYAYA SANHITA, 2023 THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES Wikipedia ucr.fbi.gov legislation.gov.uk www.wsj.com indiacode.nic.in www.law.cornell.edu cdn.icmec.org en.wikipedia.org criminallawsingapore www.asl-law.com.sg www.nsvrc.org www.nsvrc.org rainn.org www.nsvrc.org helpauckland.org.nz www.rnz.co.nz