Rape Laws and legal Procedures for Rape Cases in Nepal

(This article will help you to know all the information about the legal provision of rape in Nepal.)

1. Introduction:

Rape defined in the National Criminal Code, 2074:

If a Man engages in sexual intercourse with a woman without her consent, with or without consent of girl child aged below eighteen than that will be regarded as committing rape.

Things to be taken into consideration

• Consent is not valid if obtained through coercion, undue influence, intimidation, threat, misrepresentation, or kidnapping/hostage-taking.
• Penetration of penis into anus or mouth, as well as any penetration into anus, mouth, or vagina, and insertion of objects into the vagina are all considered forms of rape.
• Consent is not valid if obtained when a person is of unsound mind.

2. Relevant/governing laws for rape in Nepal

The governing laws would include:

• The National Criminal Code, 2074
• The National Criminal Procedure Code, 2074
• The Criminal Offence (Sentencing and Punishment) Act, 2074

1. Elements of Rape

Absence of consent, application of force, threat, coercion and occurrence of sexual penetration.

2. Forms/Categories of Rape

Rape can be classified into different categories depending on various factors. Some common categories include;

1. Acquaintance Rape
2. Marital Rape
3. Drug Facilitated Rape
4. Gang Rape
5. Statutory rape
6. War Rape
7. Stranger Rape
8. Incest Rape
9. Aggravated Rape

(a) Acquaintance Rape

• Also referred as “date rape” and “hidden rape”.
• Happens between two people that know each other very well. In this form of sexual assault, the individuals implicated may have an existing social connection at the moment.
• Encompasses sexual assault perpetrated by an individual known to the victim, like a friend, associate, or romantic partner.
• Some victims may not identify acquaintance rape as such, but it’s crucial to understand that consent can be withdrawn at any time, and a previous relationship doesn’t exclude the possibility of rape.

(b) Partner Rape

• Also known as spousal rape
• Type of rape involving a person’s current or former partner, regardless of marital status.

Three types of partner rape:

• Battering rape: involving both physical and sexual violence
• Force-only rape: involving the imposition of power and control over another
• Obsessive/Sadistic rape: involving torture and perverse sexual act.

     (c) Marital Rape

• Involves sexual acts without consent within the context of a marital relationship.
• It encompasses any coerced sexual activity imposed on a partner within the confines of a marital relationship, where consent is not freely granted.

(d) Gang Rape

• Gang rape is a dreadful type of sexual assault where a single victim is subjected to an attack by a group of assailants.
• Several individuals collaborate to engage in sexual assault against the victim without their consent.
• Gang rape constitutes a serious infringement upon an individual’s bodily autonomy, frequently leading to profound physical and psychological trauma for the victim.

(e) Statutory Rape

• Engaging in sexual inter-course with a minor below the legal age of consent regardless of minor’s consent.
• Occurs when one party is under the age of consent, making any involvement in sexual activity with them statutory rape, even in the absence of force.

(f) War Rape

• It occurs in different ways, like mass rape, sexual slavery, or other forms of sexual abuse, leading to significant physical and psychological repercussions for the victims.
• War rape is the term used to describe instances of sexual violence, including rape, that occur during armed conflicts or wars.

(g) Stranger Rape

• Occurs when the assailant is unfamiliar to the victim and lacks any previous connection with them.
• Stranger rape may occur in diverse environments and situations, marked by the absence of any prior connection or familiarity between the victim and the perpetrator.

(h) Incest rape

• Incest rape is characterized by sexual assault involving closely related family members, where one individual commit non-consensual sexual act with another. This form of sexual violence takes place within the context of a familial relationship.
• It occurs between,
• Parents and children
• Uncles and nieces or nephews
• Aunts and nieces or nephews

(i) Aggravated rape

• Aggravated rape is defined as rape with the use of force, threat of force, or while the victim is incapacitated or otherwise unable to give consent.

It involves:

• Coerced sex through threat of death or severe harm.
• Non-consensual acts on an unconscious or drugged victim.
• Sex acts with children under the legal age.

3. Legal Procedure of Rape Case in Nepal

Rape is considered as the grievous act not only in Nepal, but globally and is considered as the serious criminal offence. On behalf of crime incident anyone can complaint to police or near family members is prioritized.

A. Procedure for complaint filing for Rape Case in the Police Station

– The procedure for filing a complaint for rape at the police station generally involves these steps:

Step 1:     Complaint to be filed by the victim or someone other on behalf of the victim in the nearest police station within crime jurisdiction.

Step 2:     Statement of victim to be taken by the police officer. (Here, officer may ask some questions related to the incident).

Step 3:     Victim gives the statement mentioning all the detailed information of the incident, time, date and location of the incident, if known any details of the suspect and others.

Step 4:     Investigation will be done by police (which includes- collection of evidence, witness examination)

 Step 5:      Victim’s medical examination is performed for documenting physical injuries, and obtaining forensic evidence.

 Step 6:     If the police through investigation finds any sufficient evidence which proves as the commission of rape, then, the police register the FIR (First Investigation Report) for further legal proceeding.

Step 7:     If there is sufficient evidence to support the allegation, the suspected offender is arrested by the police.

Step 8:     Interrogation is done and statement is taken from the suspect.

Step 9:     The case file is sent to Government Attorney for further case proceeding in the court after police ends the investigation.

Step 9:     The Government Attorney prepares the charge sheet against the suspect mentioning the evidence, witness statements, details of the commission of rape and also the proposed punishment.

Note: The Victim may ask for the female officer in case, if she becomes uncomfortable in giving statement in the police station.  

Victim of rape name is always given nickname, real name can’t be disclosed in the documents and overall process

B. Legal Case proceeding of Rape in the Court

Sexual harassment is considered a grave offense, and there are established legal protocols designed to address and handle such cases. The step wise procedure in filing of sexual harassment cases are as below;

Step 1:       The Government of Nepal, on behalf of the victim files the case in the court.

Step 2:       Court gives the appropriate date for bail hearing.

Step 3:       Statement of the suspect is taken and bail hearing proceeding is done in the Court’s Bench.

Step 4:       The Judge decides whether to grant bail or orders to keep the suspect in the Judicial custody for further case proceeding.

Step 5:       Trial procedure begins in the court (proceeding to be held in closed session in order to maintain the privacy of the victim).

Step 6:       Examination of witness, Expert’s Opinion on any medical Report or other related matters is taken, Examination of evidence or extraction of other evidence, statement of accused and other suspect is performed.

Step 7:       Case arguments between the Government Attorney and the defense council lawyer.

Step 8:       The court passes any kind of order in different phase of trial process.

Step 9:       After hearing both sides arguments, collection of evidence, witness examination result, Expert’s Opinion conclusion, the court gives verdict whether the suspect is found guilty or innocent in the final hearing

Step 10:    At the end post hearing decides the punishment if declared guilty of crime.

4. Punishment on the commission of rape based on the circumstances and the age of the victim

Rape is a serious and grave offence; the offender of the rape shall be strictly punished according to the law of the concerned nation. As per National Criminal Code, 2074; punishment on the commission of rape be as follows;

5. Punishment on Other Circumstances on Rape

As per the National Criminal Code, 2074;

6. Punishment on Incest Rape

As per the National Criminal Code, 2074;

7.Limitation on filing of case on rape

The limitation or the time period in order to file complaint in rape case is mentioned under the National Criminal Code, 2074, as; 

8. Effects of rape on Victim

Commission of rape can greatly affect the mental health, physical condition, and career growth of the victim. Individuals subjected to rape might endure emotional distress and bodily reactions, leading to:

Please contact us today itself if you are in search of Rape lawyer for rape allegation in Nepal  on +9779841933745 or email info@lawinpartners.com

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