Sexual Abuse By An Authority Figure

Last updated on Oct 7, 2022

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

The persons given below are punished strictly under the law on sexual crimes against children.

The people included in the list are(( Section 5 & 9, The Protection of Children from Sexual Offences Act, 2012.)):

  • Any person who is a government servant and holds authority because of their position within the institutional system of the government. For example, a police officer while on duty.
  • Any person in a position of trust or authority of the child who interacts with the child. For example, a school teacher or a family member.
  • Persons who commit sexual assault which is more gruesome in nature and calls for higher punishment. For example, gang rape of a child.
  • Repeat Offenders. For example, someone who has already been convicted for child sexual abuse.
  • Teachers, medical professionals, caregivers, staff, and management of any educational, religious, or medical institution can be punished for abusing their power and sexually abusing a child(( Section 5(e)(f) &9(e)(f), The Protection of Children from Sexual Offences Act, 2012.)). This law will not punish a doctor who is performing a medical examination of a child with the permission of the child’s parents. However,if it is proved that the doctor sexually abused the child while conducting the examination, then they will be punished under the law.

When these people commit crimes such as sexual assault or penetrative sexual assault, they will be given higher punishment for committing the same crimes. The crimes are considered as aggravated sexual assault and aggravated penetrative sexual assault respectively.

The punishment is rigorous imprisonment for any time in between 5 years and life imprisonment along with fine(( Section 6 & 10, The Protection of Children from Sexual Offences Act, 2012.)).

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