“Child sexual abuse is gender-neutral”

We often hear about the child sexual abuse cases, many a time there are cases of a newborn being raped or that a minor child was raped  by her own relative and so on. Discussing child abuse and offences against the child is a vast concept. This article will deal with all the facets and nature, classifications and uproar against child Abuse and related legislation.

Before explaining child sexual exploitation, it is helpful to understand what is meant by the age consent under India Law (the age at which it is legal to have sex). It is 18 years for everyone in India and under the age of 18, any sort of sexual touching or activity is illegal. 

Now let us discuss Child sexual exploitation CSE/ Child sexual abuse CSA, it is when people use the power they have over young people/children to sexually abuse them. People often think of CSE in terms of serious crime, which is true ofcourse however it also covers abuse in relationships and may involve informal exchange of sex for something a child wants or needs such as accommodation, gifts, food and in many case attention.

The signs of child sexual exploitation may be hard to spot, particularly if a child is being threatened. To make sure that children are protected, it's worth being aware of the signs that might suggest a child is being sexually exploited. Signs of child sexual exploitation include the child or young person:

•      going missing for periods of time or regularly returning home late.
•      skipping school or being disruptive in class.
•      appearing with unexplained gifts or possessions that can’t be accounted for.
•      experiencing health problems that may indicate a sexually transmitted infection.
•      mood swings and changes in temperament.
•      using drugs and/or alcohol.
•      they may also show signs of unexplained physical harm, such as bruising and cigarette burns.

It is a matter of great concern that male or female victims of sexual exploitation may not disclose their exploitation voluntarily. A number of factors account for this, some of them are including:

•    fear of their exploiters.
•    fearing their sexuality will be questioned.
•    loyalty that they believe they have to their exploiters.
•  failing to perceive themselves as a victim of exploitation (owing to the methods of  coercion/grooming the offender(s) uses).
•   believing that they are in a consensual relationship and perceiving sexual activity as a normal part of the relationship.
•   being unable to express the exploitation/abuse
•   believing they have acted voluntarily.
•   negative perceptions or fears that they have about authorities.
•   not being aware of the help that is available to them.
•   the fear of not being believed.
•  feeling ashamed or embarrassed about what is happening or what has happened to them the fear of bringing shame to their family because of cultural/religious beliefs.
•   Helping children to understand their bodies and sex in a way that is appropriate for their age..
•   Developing an open and trusting relationship, so they feel they can talk to you at anytime..
•  Explaining the difference between safe secrets and unsafe secrets (things that make them  unhappy or uncomfortable).
•  Teaching children to respect family boundaries, such as privacy in sleeping, dressing and bathing.
•  Teaching them self-respect and how to say NO.
•   Supervising television, mobile, net surfing. 

The risk of boys and young men becoming victims of sexual exploitation by both male and female offenders is underestimated and less well understood than those relating to girls and young women. The biggest problem in Indian society is the mindset that ‘boys are not raped’. People live in denial. We live in a patriarchal society where boys and young men also face additional barriers to disclose their experience and spend a lifetime in silence because of the stigma and shame. Barriers include

•   Fearing that their sexuality/masculinity will be questioned.
•   Worrying that they will not be believed..
•   Not perceiving themselves as a victim because their abuser is female..
•   Young boys unable to understand the sexual act etc.

COVID-19 Children at heightened risk of abuse, neglect, exploitation and violence amidst intensifying containment measures take to prevent spread of corona virus. Under this crises several children around the world will likely to face increasing threats to their safety and wellbeing and are subjected to sexual exploitation because of actions taken to contain the spread of Covid-19 pandemic. Many cases will go unreportable, the young people who are undergoing such trauma doesn’t know where to seek help. UNICEF is working with health workers and local administration in more than 190 countries including India to promote awareness among children against sexual abuse and exploitation, giving tips and guidance to parents and caregivers to protect their children

Legislation

Before 2012, there were no specific legislation against child sexual offenses, such acts were covered under Indian Penal Code 1860 sections 375, 354, and 377. However, the IPC could not effectively protect the child due to various loopholes like:

•  IPC 375 doesn't protect male victims or anyone from sexual acts of penetration other than "traditional" peno-vaginal intercourse.
•  IPC 354 lacks a statutory definition of "modesty". It carries a weak penalty and is a compoundable offence. Further, it does not protect the "modesty" of a male child.
•   IPC 377, the term "unnatural offences" is not defined. It only applies to victims penetrated by their attacker's sex act, and is not designed to criminalise sexual abuse of children.

POCSO a gender-neutral law

Child sexual abuse is gender-neutral and so is POCSO. A new legislation was formulated in 2012,

Key provisions of the Act

• The Act defines a child as any person below the age of 18 years and provides protection to all children from offences such as sexual assault, penetrative sexual assault and sexual harassment.  It also penalises a person for using a child for pornographic purposes.
• The Act states that a person commits “sexual assault” if he touches the vagina, penis, anus or breast of a child with sexual intent without penetration.
• The Act treats an offence as “aggravated” if it is committed by a person in a position of authority or trust such as a member of the security forces, a police officer or a public servant.
• It specifies penalties for the offences and provides a mechanism for reporting and trial of such offences.

Distinctive features of POCSO 

POCSO 2012 does not use the term ‘rape’ more commonly used and also does not confine penetrative sex to penile penetration. Instead, it broadens the offence termed ‘penetrative sexual assault’ (section 3) to include oral sex, as well as, insertion of any object into anus, mouth or vagina, in addition to penile penetrative sex.

Conclusion

Undoubtedly, the passing of POCSO has been a major step forward in securing children’s rights and furthering the cause of protecting children against sexual abuse. However, criminalising all sexual behaviour under 18 years of age can be problematic to implement. Because at times it is difficult to identify the true nature of act done by the exploiter/abuser and moreover laws do not operate in isolation and often real life situations can confound even the noblest of intentions enshrined in law. Hence, preserving the child and their modesty has become the utmost importance for the people and give child priority irrespective of their gender, hence the word child is being free from gender neutrality. To make a society aware about the cases and incidents of CSA, they must be educated, even in simple language, must be a campaign by the government to make the people aware of this particular act and to warn the people who think such a dreadful act against a child. Not only parents have the duty for their child but also, every person living in society even just for a case of humanity.