Ashutosh Yadav, BML Munjal University, Gurugram
Introduction
Rape is a plague to the world as it is a crime which can be found in every society be it developed or not but how that law operates or how does it describe in terms of consent is different. Rape has numerous effects on the psychology of the victim as well as the society. Different Society views rape from different point of view, some look it at from the eyes of the victim and the degradation and the stigma that will follow them for the rest of their life or some society term it as the victim’s fault in many cases because of their inviting character, questions about their morality and credibility due to the judgement of their past is often raised in many societies, some societies view rape as gender neutral some classify victims as female only. There is rape which are done from a position of power or coercion and then there are rape which requires the need for active consent. Just because of how one perceives it differently should not become an impediment in law fulfilling its purpose of criminating the offender and avoid any wrongful conviction simultaneously. Which can only be achieved due to a clear definition of what is what. It is whole heatedly required, to my understanding before we move to the comparative analysis, I can term rape by a temporary collective definition that it is broadly sexual intercourse between people which is forceful in nature and lacks consent. This is a very watered-down definition as we will talk about how rape is defined in different jurisdiction in this paper, as rape is universal and hence there is a need to understand the universal approach for laws which will be against rape i.e Anti-Rape Laws in different jurisdiction. So, we can successfully answer our research question on how anti rape laws have developed in urban western society like the United States than a developing nation like India, this can be achieved in this paper by categorising our paper into III parts namely part A: Introduction and History of Anti - Rape Laws in Both Countries, part B: Comparative analysis of Anti Rape Laws and part C: Conclusion
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