Rape of LGBTQ+ Persons

Last updated on Apr 8, 2022

When a man has sexual intercourse with you, without your consent, it is considered to be rape under the law.

Currently, under the law, only women or trans women can be victims of rape or sexual violence and can only file it against a man.

If you are a man/trans man who was forced to have sexual intercourse, you will not be able to file a complaint for rape or any other form of sexual violence. Instead, your alternative will be to file a complaint stating that you were hurt or injured.

Rape and Gang Rape

  • If you want to file a complaint against anyone who has committed the act of rape, you will have to file an FIR with the police with the help of Section 375/376 of the Indian Penal Code, 1860.
  • If the act of rape has been committed by a group of people, each of them will be punished for committing the crime of gang rape. You will have to file an FIR with the help of Section 376D of the Indian Penal Code, 1860.

Rape by a Person of Authority

If a man has some form of control over a woman because of his position or job, and uses this control to forces her have sex with him, it is the crime of rape under the law.  For example, if a male police officer rapes you while you are in custody, then you have a right to complain against the officer and file an FIR.

Some of the persons of authority include public servants or jail staff or on the management of the hospital, etc. You will have to file an FIR with the help of Section 376 of the Indian Penal Code, 1860.

It does not matter if you don’t know the details of the person who raped you. You should still file a complaint so that the police can carry out an investigation to prevent him from committing the same crime again. You can also file a complaint against a family member, teacher, etc. who has raped you. You can request someone else to file the FIR on your behalf also. If the police does not register your FIR, read this to understand the alternative steps you can take.

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