Male and Female Rape Legislation difference

Female Rape Legislation
The Supreme Court has in landmark case1 held that “the unchastity of a woman does not make her open to any and every person to violate her person as and when he wishes. She is entitled to protect her person if there is an attempt to violate her  against her wish. She is equally entitled to the protection of law. Therefore merely because she is of easy virtue, her evidence cannot be thrown overboard.
1860 Indian Penal Code, Section 375 It sets up the meaning of Rape just as the discipline for it. Crime
of Rape happens when a male enters or participates in sex with a lady without her consent or will. The word Penetration here in this section suggests that even the smallest contact of the penis to the vaginal region comprises assault; a lady’s unruptured hymen doesn’t demonstrate that assault was not happened.
Section. 376(A) punishes sexual intercourse with a wife without her consent by a judicially separated
husband.
Section. 376(B) punishes for sexual intercourse by a public servant with a woman in custody.
Section. 376(C) punishes sexual intercourse by superintendent of jail, remand house, etc. whereas,
Section. 376(D) punishes sexual intercourse by any member of the management or staff of a hospital
with any woman in that hospital
According to section 228A of the Indian Penal Code, no one may reveal the identity of the rape victim, and anybody who does so would be punished with either description for a period of up to two years, as well as a fine.

Anyone who attacks or uses unlawful force against a lady with the purpose to offend her modesty is
punishable under section 354 of the IPC. This clause makes it unlawful to attack a woman in a sexual
manner. In rape trials, a presumption of lack of consent can be established under section 114-A of the Indian 2 Evidence Act. With the application of Section 114 of the Indian Evidence Act 1872, the following conditions must be met.
● The Accused must be prosecuted for rape under Clause (a) or (b) or (c) or (d) or (e) or (g) of
Subsection (2) of Section 376. Clause (f) has been excluded because sexual intercourse with a
girl under sixteen years is rape even if she has consented.
● The accused’s sexual intercourse with the ladies must be proven.
● The sole question in this case is whether or not she consented to sexual activity.
● The woman should testify in front of the court that she did not consent.
In Delhi Domestic Working Women v. Union of India , the Apex Court laid down the following broad 3
guidelines:
• The complainants of sexual assault cases should be provided with legal representation i.e. they should
be provided an advocate who could help her properly.
• Legal assistance will have to be provided at the police station since victim of sexual assault might
very well be in a distressed state upon arrival at the police station and guidance of a lawyer at that stage
is very necessary.
• The police should be under duty to inform the victim of her right to representation before any
questions were asked of her and that the police report should state that the victim was so informed.
• A list of advocates who deal in these cases should be kept at the police station for victims who did not
have a particular lawyer in mind or whose own lawyer was unavailable.
• In all rape trials anonymity of victim must be maintained, as far as necessary.
• A “Criminal Injuries Compensation Board” should be established. • Interim compensation should be given to rape victim even if the case is still going on in the court.
• Medical help should be provided and women should be allowed to abort the child if she becomes
pregnant due to the incident.
• Compensation should be provided to rape victim to rehabilitate herself.

Male Rape Legislation
Rape is a crime committed by males against women in general. It has been defined as the sexual victimization of women by male preparators, which displays a patriarchal system that supports rape. However, it has been discovered that a large proportion of rape and other sexual assault victims are male, but the belief that rape cannot occur in males kept these rape survivors out of the study limelight.
The meaning of assault given under Section 375 of Indian Penal Code has fundamentally two issues, that are, it doesn’t consider the non-consensual sexual follows up on a man by a lady and it generally considers lady as casualty due to which many bogus assault arguments are documented against men to render retribution or unjustifiable benefit. It needs sexual impartiality.
Male victims’ complaints are not heard, therefore they strive to hide, ignore, or deny their victimization
until they have significant bodily damage, similar to female victims. Few cases relating to false rape are as below :
4 Tilak Raj v. State of Himachal Pradesh5
Malti Chauhan v. State (Govt. of NCT of Delhi) and Ors6
Raghuvinder Harna v. State of NCT of Delhi 7 Though many laws have been enacted to protect women, no legislation has been enacted to protect males against rape and false rape claims. Only when gender-neutral laws are enacted in the country will both men and women be protected from rape and false rape convictions.
Rape is a crime that only a male can commit against a woman, according to Section 375 of the Indian
Penal Code. Adult male victims, let alone female offenders, have no place in our world. Although the Protection of Children from Sexual Offences Act 2012 covers both male and female child survivors,
existing rape laws exclude a substantial number of male victims who are afraid of shame and lack legal redress .8In 2015, the Indian Journal of Psychiatry released an article on child sexual assault victims. The father of a 9-year-old kid who had been raped was mentioned in the story as stating, “He neither lost a hymen nor would he get pregnant.” He ought to act like a guy, not a sissy.” According to reports, the father refused psychological treatment for his kid for identical reasons. Another Mumbai parent, whose son committed suicide after a sexual attack, stated that he would not have reported the crime if the child had not chosen to take his life .

Conclusion
A crime’s penalty should be as terrible as the act itself, and it should not be limited to a certain class; it should apply to all people, regardless of gender. Suffering is incomparable; it affects everyone in the same way. Whether male, female, or trans, the survivor experiences the same physical, mental, and emotional agony. Due to the usage of gendered terminology, a male cannot bring a case of rape against a woman. The tendency to see rape as only a story about a man abusing a woman does a disservice to individuals whose personal rape experiences do not match the conventional mold that is easiest for us to comprehend. Legislation based on such an inclination is itself a criminal act.