This article will provide with with detailed information on legal provisions associated with rape.
Table of Contents
Introduction to Rape
Rape simply refers to non- consensual sexual intercourse. The most crucial element to constitute rape is lack of consent while having sexual intercourse. Conventionally, rape as one of the many sexual offences was considered as a stigmatic and traumatic crime mostly committed against women. However, more inclusionary approach has been adopted in many legal system that envisions even male and other gender identities as the victim of this heinous crime. Nepal, however fails to address the issue of rape of any gender identity except female till date.
Rape Laws in Nepal
Rape has been criminalized by Nepalese legislation under National Penal Code as follows :
What is rape?
Nepalese rape law has defined rape as, “Where a man has sexual intercourse with a woman without her consent or with a girl child below eighteen years of age even with her consent, the man shall be considered to commit rape on such woman or girl child.”
Conditions of Rape under Nepalese law
Non- consensual sexual intercourse of women by a man
Any sexual intercourse of girl child below 18 years ( either with consent or without consent)
Consent for sexual intercourse under Nepalese Laws
Consent means agreement to sex. Every physical intercourse that lacks consent of a women is counted as rape.
But, consent for sex under following circumstances does not amount to consent
Consent obtained by coercion
Consent obtained by undue influence
Consent obtained by intimidation, threat
Consent obtained by misrepresentation
Consent obtained by kidnapping or taking of hostage
Consent obtained at the time of being of unsoundness of mind
Punishment for rape
Nepalese law has prescribed punishment for rape on the basis of victim’s age.
| S.N | Victim’s Age | Punishment |
| 1. | Below 10 years of age | Imprisonment of 16 to 20 years |
| 2. | Below 10 years or above ten years of age but below fourteen years of age | Imprisonment of 14 to 16 years |
| 3. | Girl child who is fourteen or above | Imprisonment of 12 to 14 years |
| 4. | Woman of sixteen or above sixteen years of age but below eighteen years of age | Imprisonment of 10 to 12 years |
| 5. | Woman of eighteen or above eighteen years of age | Imprisonment of 7 to 10 years |
Additional Punishment for Rape
As per prevailing rape laws in Nepal , following rape shall be imposed with additional punishment:
Rape committed by a man infected with HIV.
Rape committed in a gang
Rape committed to a pregnant woman
Rape committed against physically or mentally disabled woman.
Incest Rape ( Hadnata )
Marital Rape in Nepal
Nepalese law has criminalized marital rape. If husband commits sexual intercourse without the consent of wife, it is referred as marital rape.
Punishment for marital rape in Nepal
Imprisonment of term not exceeding 5 years
Legal Proceedings in Rape Case in Nepal
Step 1: Filing of FIR in the nearby police station.
Step 2: Investigation by Police.
Step 3: Lodging of case by Government Attorney in the court.
Step 4: Hearing of case.
Step 5: Decision by the court.
What is time limitation for filing FIR in rape case in Nepal?
Within 2 years of occurrence of incident of rape.
What if a girl agrees for sexual intercourse at the time of sexual intercourse but later denies?
If there was valid consent of girl during sexual intercourse, she cannot later deny and file a case. In that event, that’ll amount to fake case which needs to be proved through evidences.
Also read Angsabanda Laws in Nepal.
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