What is Sexual Assault?
Sexual assault or sexual violence includes a range of non-consensual acts that violate a person’s body, dignity, and emotional well-being. While SOAR focuses on supporting survivors of rape in India, it is essential to understand that rape is one part of the wider spectrum of sexual violence.
Below, you will find globally recognized definitions and legal frameworks that constitute sexual assault. While women and girls are disproportionately affected, sexual violence can and does impact people across all identities, including boys, men, and individuals from the LGBTQIA+ communities.
Understanding the full spectrum of sexual violence is the essential foundation for prevention, support, and healing.
Recognizing Sexual Assault
The Difference between Rape and Sexual Assault
Rape is defined as non-consensual vaginal, anal, or oral penetration, using any body part or object, carried out through force, coercion, threats, or manipulation. You can read the legal definition of rape under Indian law here.
Sexual assault is a broader term that includes any unwanted sexual contact or behavior that occurs without consent. It covers a wide range of acts, including rape, and may involve physical touch, verbal harassment, or other forms of violation.
Below, you'll find key definitions of sexual assault as outlined under the Indian legal framework.
Sexual Assault with Physical Contact
Forcible Kissing
Non-consensual kissing, particularly on the mouth or other sensitive areas, done by force or threat.
Drug-Facilitated Sexual Assault
Administering drugs or alcohol to a person, often without their knowledge, to impair their judgment or ability to consent, leading to sexual assault.
Marital Rape
Non-consensual sexual activity within a marriage or intimate partnership. Marital rape is illegal in many countries, but not all.
Forced Prostitution/ Sex Trafficking
Coercing or deceiving a person, particularly women or children, into engaging in commercial sexual activities through force, fraud, or manipulation.
Groping
Unwanted or inappropriate physical contact, especially in public spaces, such as grabbing, rubbing, or pinching parts of the body.
Fondling/ Unwanted Sexual Touching
Any non-consensual physical contact with a person's private parts (genitals, breasts, buttocks) or inappropriate touching of other parts of the body with sexual intent.
Corrective Rape
Sexual assault committed with the intention of "correcting" a person's sexual orientation or gender identity, often targeting LGBTQ+ individuals.
Sexual Assault in Conflict
Acts of sexual violence used as a weapon of war, including mass rape, forced pregnancies, and other forms of sexual torture during armed conflicts.
Stealthing
The act of removing a condom during intercourse without the partner's consent, which constitutes a violation of sexual autonomy.
Sexual Humiliation/ Degradation
Forcing someone to engage in acts that degrade or humiliate them sexually, including verbal abuse, public shaming, or degrading requests.
Sexual Slavery
The act of forcing or coercing someone to engage in sexual acts or prostitution against their will, often through trafficking or exploitation.
Forced Sexual Acts (Non-Penetrative)
Forcing someone to engage in sexual activities that do not involve penetration, such as masturbation, oral sex, or other sexual activities.
Incest
Sexual activity between family members or close relatives that is illegal and non-consensual.
Sexual Exploitation
Taking advantage of someone’s vulnerability (age, disability, financial status) to obtain sexual favors, including in exchange for money, gifts, or services.
Sexual Abuse of Children
Any sexual act with a minor, including touching, intercourse, and exploitation, even without physical contact (e.g., exposure to pornography).
Sexual Torture
Any form of torture or abuse specifically designed to sexually violate or humiliate the victim, often used in detention or conflict situations.
Attempted Rape
An attempt to commit rape, including physical force or coercion to engage in sexual penetration that is not completed.
Rape
Non-consensual vaginal, anal, or oral penetration, using any body part or object, by force, threat, manipulation, or incapacitation.
Sexual Assault without Physical Contact
Forced Viewing of Pornography
Coercing or forcing someone to watch pornography, often as a means of sexual dominance or humiliation.
Sexual Coercion
Pressuring someone into sexual activities through manipulation, emotional blackmail, threats, or persistent verbal harassment.
Digital Sexual Assault
Harassing or exploiting someone through online platforms, such as sending unsolicited explicit images, cyberstalking, or hacking devices to obtain intimate materials.
Voyeurism/ Peeping Tom
Secretly observing or recording someone without their knowledge while they are undressing, engaging in sexual activities, or in private spaces (e.g., bathrooms).
Sexual Stalking
Persistent unwanted following, watching, or contacting someone with the intent of engaging in sexual acts or harassment.
Revenge Porn
Sharing or distributing sexually explicit images or videos of someone without their consent, often as a form of retaliation or humiliation.
Indecent Exposure/Public Indecency
Deliberate exposure of one’s genitals or engaging in sexual acts in public to shock, offend, or provoke others.
Sexual Threats and Intimidation
Threatening someone with rape or sexual harm, whether verbally, through messaging, or in person, to intimidate or control
Sexual Blackmail/ Sextortion
Threatening to expose someone’s intimate images or videos unless they engage in further sexual acts or comply with demands.
Child Grooming
Manipulating a child into trusting an adult for the purpose of sexual exploitation, which may include inappropriate conversations, sending sexual content, or preparing for physical abuse.
Sexual Harassment
Unwanted sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature that creates a hostile environment. This includes:
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Sexual comments, jokes, or gestures.
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Unwelcome flirting or propositioning.
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Stalking or persistent attention that is sexual in nature.
What is Sexual Assault Under Law?
Under the Bharatiya Nyaya Sanhita (BNS), 2023
Assault of criminal force to woman with intent to outrage her modesty
BNS Section 74
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term whichshall not be less than one year but which may extend to five years, and shall also be liable to fine.
Sexual harassment and punishment for sexual harassment
BNS Section 75
(1) A man committing any of the following acts:—
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Assault or use of criminal force to woman with intent to disrobe
BNS Section 76
Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
BNS vs IPC Change: Words “Any man who” is replaced by “Whoever”.
Voyeurism
BNS Section 77
Whoever watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purposes of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.
Stalking
BNS Section 78
(1) Any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, e-mail or any other form of electronic communication,
commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Word, gesture or act intended to insult the modesty of a woman
BNS Section 79
Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.
Trafficking of persons
BNS Section 143
(1) Whoever, for the purpose of exploitation recruits, transports, harbours, transfers, or receives a person or persons, by—
(a) using threats; or
(b) using force, or any other form of coercion; or
(c) by abduction; or
(d) by practising fraud, or deception; or
(e) by abuse of power; or
(f) by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.
Explanation 1.—The expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced removal of organs.
Explanation 2.—The consent of the victim is immaterial in determination of the offence of trafficking.
(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.
(3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a child, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(5) Where the offence involves the trafficking of more than one child, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine.
(6) If a person is convicted of the offence of trafficking of a child on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
(7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
Exploitation of a trafficked person
BNS Section 144
(1) Whoever, knowingly or having reason to believe that a child has been trafficked, engages such child for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.
(2) Whoever, knowingly or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
What is Sexual Assault - Global Definitions
These definitions from global organizations reflect global recognition of the seriousness of sexual violence, emphasizing the lack of consent, coercion, and the violation of personal autonomy.
World Health Organization (WHO)
Definition: The WHO defines sexual violence, which includes sexual assault, as "any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work."
International Criminal Court (ICC)
Definition: The ICC defines sexual assault within the context of crimes against humanity or war crimes as "an invasion of the body of a person by conduct resulting in penetration, however slight, under coercive circumstances."
Centers for Disease Control and Prevention (CDC, USA)
Definition: The CDC defines sexual violence, including sexual assault, as "a sexual act committed against someone without that person’s freely given consent. It can involve physical force, threats of violence, or situations where the person is unable to give consent."
United Nations (UN)
Definition: The UN defines sexual violence as "any violence, physical or psychological, carried out through sexual means or by targeting sexuality. It encompasses a range of acts, including rape, sexual assault, and sexual abuse, among others."
For References, click here.