A Hospital Records-Based Study on the Profile of Accused in Sexual Assault Cases under the POCSO Act (2021–2023)
DOI:
https://doi.org/10.37506/5d37ba67Keywords:
Child abuse, Rape, Sexual assault, Potency test, Criminal procedure, Erectile dysfunction.Abstract
The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to safeguard children from sexual abuse. Over the years, India's rape laws, including those covering child rape, have evolved significantly, especially with the criminal law amendments in 2013 and 2018. With the broadening of the definitions of rape and sexual assault, routine potency testing in sexual assault cases is no longer necessary. This study aimed to analyze the profiles of accused individuals involved in sexual assault cases under the POCSO Act from 2021 to 2023 and reported for medical examination at Government Medical College, Nizamabad. In the 122 cases studied, it was found that a majority of the accused (118) were known to the victims, with a large chunk of them (76) of them being intimate partners. Most incidents occurred at the accused’s home (88), and the majority of accused were unmarried males (97) aged 18-25 (67) employed as daily laborers (86). Of the 28 cases of non-penovaginal sexual assault, no potency test was required, yet the police requested it. The study emphasizes that routine potency tests should be abandoned, and instead, they should only be used judiciously in cases where necessary, as proposed by several high courts and the Supreme Court of India.
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