Parenthood comes with a lot of joys, and responsibilities. One of the crucial responsibilities of parents these days is to protect their children from pedophiles. In India, the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) defines and lays punishment for such crimes. One such common offence committed against children is sexual assault under POCSO Act. While knowing good touch and bad touch is important for kids and their parents, legal awareness for parents holds a stronger ground. Therefore, through this blog, Lawgical Shots seeks to explain the basics of sexual assault committed against children, because other serious offences sprout with this only.
Sexual Assault Meaning
The literal meaning of the term “sexual” is relating to sex or the sexes, physiological processes, and activities connected with physical attraction or intimate physical contact between individuals. On the other hand, “assault” means a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. What can be understood by the combination of these two terms is intentionally causing harm to another person with offensive sexual contact.
Sexual Assault under POCSO Act
To understand what constitutes sexual assault in POCSO Act, the Bare Act provision has to be referred to. While the definition clause under Section 2 of the POCSO Act does mention about “sexual assault”, it only seeks to refer to Section 7 of the same. The said provision has been laid below:
Section 7 of POCSO Act
“7. Sexual assault — Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.”
Based on the definition under Section 7 of POCSO Act, touching private parts of a child with sexual intent is sexual assault. Making a child touch private parts of himself/herself or any other person also constitutes sexual assault under POCSO Act. The private body parts here include vagina, penis, anus, or breasts.
It may be noted that any other act with sexual intent, involving physical contact without penetration, also constitutes sexual assault. This means that even if a person is touching or kissing a child on cheeks, that may also be counted as sexual assault if there is sexual intent.
Ingredients of Sexual Assault in POCSO
Based on the definition of sexual assault under Section 7 of POCSO Act, given below are the ingredients for attracting prosecution:
- Sexual Intent
- Touch
- Private body parts, or any other physical contact (without penetration)
- Perpetrator touches the child, or the child is made to touch the perpetrator or another person
For prosecuting any person for sexual assault upon a child, the toughest part to prove could be sexual intent, especially in cases where there is other kind of physical contact with sexual intent.
Punishment for Sexual Assault under POCSO Act
Section 7 of the POCSO Act defines what constitutes sexual assault, but does not lay its punishment. The very next provision, Section 8, lays the punishment for POCSO sexual assault. The same can be found below:
“8. Punishment for sexual assault.—Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine”
As can be understood, committing sexual assault is punishable with minimum 3 years imprisonment with fine. The Judge has the discretion to give maximum imprisonment of 5 years with fine, based on the specific facts of the case.
Types of Sexual Assault under POCSO
The definition of sexual assault in POCSO, as mentioned above, is the root offence. There are types of sexual assault when there are more details to the offence committed, as explained below:
- Penetrative Sexual Assault: Any kind of penetration, insertion, manipulation or application on private body parts constitutes penetrative sexual assault as per POCSO Act.
- Aggravated Penetrative Sexual Assault: When there is sexual assault accompanied with penetration, committed by a police officer in specific premises, a public servant, army personnel, or any such authoritative person, it turns aggravated offence.
- Aggravated Sexual Assault: This is a sexual offence against children when sexual assault is committed by someone authoritative. It can be a police officer, member of the armed forces or security forces, a public servant, management or staff member of a jail, shelter home, hospital, etc. It is also aggravated when some sort of weapons are used while committing sexual assault upon a child.
Conclusion
The definition, types, and ingredients of sexual assault under POCSO Act reflect upon the details of the offence. Anyone coming close to children with sexual intent should be barred right there. But, when the unexpected and disgusting has already happened, even if something claimed to be “just” sexual assault, the authorities should be notifed. Sexual offenders should face the law for their ill deeds, because this may prevent several further victims.
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