Child sexual abuse presents a formidable challenge to law enforcement agencies around the world. Under reporting of cases, inability of victims to testify, and lack of capacity of law courts to deal with such cases appear as major problems. This presentation discusses various issues concerning this major deficiency.

1. SEX CRIMES AGAINST CHILDREN
A presentation by
Maj Gen Nilendra Kumar
An effort for
Bachpan Bachao Andolan
and
Lex Consilium Foundation

2. SEX CRIMES AGAINST
CHILDREN
“The most important thing in defining child sexual abuse is the
experience of the child. It takes very little for a child’s world to be
devastated. A single experience can have a profound impact on a child’s
life. A man sticks his hand in his daughter’s underpants, or strokes his
son’s penis once, and for that child, the world is never the same again.”
- Laura Hough
Head, Counter
Fraud Management
at the British Council

3. A VIEW
• According to the American Academy of paediatrics, “Sexual
abuse occurs when a child is engaged in sexual activities that
he or she cannot comprehend, for which he or she is
developmentally unprepared and cannot give consent, and/or
that violates the law and social taboos of the society.”
• The sexual activities may include all forms of oral/genital,
genital, or anal contact by or to the child, or abuse that does
not include contact such as exhibitionism, voyeurism, or using
the child in the production of pornography.

4. MAGNITUDE OF CRIME
• 53% of girl children in India are victims of sexual exploitation in one
form or another.
• According to one publication, child sexual abuse is not just atypical
of lower income groups. Amongst the middle and upper class
families, one in every four boys and one in every three girls, below
the age of 18, have suffered from sexual abuse.
• 50% of the abusers are adults in position of their trust.

5. EXPLOITATION OF A CHILD
It refers to the use of a child in work or other activities for the
benefit of others and to the detriment of the child’s physical or
mental health, development and education.
Exploitation is the abuse of a child where some form of
remuneration is involved or whereby the perpetrators benefit in
some manner monetarily, socially or politically etc.

6. EXPLANATION OF THE TERMS USED
• A “juvenile” is a person who has not attained his eighteenth birthday.
• An “offender” is one who gives or causes an offence.
• A “perpetrator” is one who perpetrates or commits an offence or a crime.
• A “transgressor” is one who violates a rule or oversteps a boundary.
• An “accused” is a person charged with an offence and is the defendant in a
criminal case, while a criminal is a person guilty or convicted of a crime.
• A “culprit” is a person or a thing at fault for a problem or a crime.
• A “wrongdoer” is one who commits a wrong, especially morally or
ethically.

7. CHILD ABUSE
The term includes physical, emotional and sexual abuse and neglect. Neglect means to
not give enough care or attention to people or things that are your responsibility.
The term is generally used to describe an act of commission outside of accepted
cultural norms. Cultural norms mean the behavioral standards that a society adopts as
a whole and follows when interacting with one another.
An abused child is one who has been subjected to physical or mental neglect or harm.
Acts of omission and commission respectively are things one has failed to do, or has
done.

8. CHILD NEGLECT
It is an act of omission, the failure to provide for the child’s basic
needs. This can include:
Physical neglect
Emotional neglect
Exploitation constitutes a form of coercion and violence,
detrimental to a child’s physical and mental health, development
and education.

9. AGE OF CONSENT
• Age of consent is an age at which a person is considered to be
legally competent to consent to sexual acts, and is thus the
minimum age of a person with whom another person is legally
permitted to engage in sexual activity.
• Age of consent laws vary widely from jurisdiction to
jurisdiction.
• The age of consent is also called the age of protection.

10. SEX CRIME
•A crime involving sexual assault or having a sexual motive.
• Sex crimes include rape, child molestation, lewd conduct,
possession and distribution of child pornography or obscene
material, prostitution, solicitation for prostitution, pimping,
pandering, indecent exposure, penetration of the genital or anal
region by a foreign object and sexual battery etc.
•‘Lewd’ means preoccupied with sex and sexual desire, lustful,
obscene and indecent.
•‘Solicitation’ refers to an act or instance of requesting or seeking
bid.

11. SEXUAL HARRASSMENT
This term was first coined in the 1970s, to
characterize a group of experiences common to
women in the workplace and in educational
contexts.

12. CHILD PORNOGRAPHY
• Child pornography is the exploitation of children for sexual
stimulations and commercial gains. Such exploitation may take
many forms.
• Most commonly, children are used as models or prostitutes for
the production of pornographic photographs, videotapes and
films.
• The production, distribution and sale of chid pornography is a
highly lucrative, albeit secret business.

13. SEX OFFENDER
A person who has committed a sex crime.

14. PANDERING
A person who arranges clients for a prostitute or supplies
persons for illicit sexual intercourse.
Pimp is a person who solicits customers for a prostitute, usually
in return for a share of the prostitute’s earnings.

15. THE TARGET CHILD
• Some parents single out one child for abuse while leaving out
other children in the household unharmed.
• Investigators probing the abuse may see the unharmed
children and either remain unaware of the target child’s
presence, or assume that the child is safe because the other
children appear to be so.

16. SEXUAL BATTERY
•An unwanted form of contact with an intimate part of the body
that is made for the purposes of sexual arousal; sexual
gratification or sexual abuse.
•Under American law, battery, in the most general terms, is
committed when there is the touching of another without
express consent.

17. SEXUAL ABUSE VIOLATES PRIVACY
AND CONFIDENTIALITY
GUIDING NOTIONS

18. PRIVACY
It refers to freedom from intrusion into one’s personal matters
and personal information.
PRIVACY LAW
A statute that protects a person’s
right to be left alone or that restricts
public access to personal information.

19. CONFIDENTIALITY
It refers to personal information shared with an attorney,
physician, therapist or other individual that generally cannot be
divulged to the third parties without the express consent of the
client.

20. An information held in confidence carries an
expectation that it will only be shared after
authorization is provided and then only with
authorized individuals.
Confidentiality implies the relation between lawyer
and client or guardian and ward, or between spouses,
with regard to the trust that is placed in one by the
other.
Authorization is the process of giving someone
permission to do or have something.

21. Examples of activities considered private
might include a medical examination,
using a restaurant bathroom or entering
the office of a reproductive health
provider and so on.
Confidentiality is an ethical duty. Privacy
is a right rooted in common law.

22. RAPE IS ONE OF THE MOST HENIOUS SEX CRIMES
In recent times, there has been an increase in violence against women
causing serious concern. Rape does indeed pose a series of problems
for the criminal justice system. There are cries for harshest penalties
but often times such cries eclipse the real plight of the victim.

23. Protection of Child from Sexual Offences
Act,2012
( Act 32 of 2012)
POCSO
•A gender neutral legislation.
•The Act defines a child as any person below the age of
18.

24. SIGNIFICANT FEATURES
1. Introduced a new category of offences.
2.Abetment and attempt also included.
3.Punishments made more severe.
4. Reporting of cases made mandatory.
5.Clear provisions for recording of statement of victim.
6.Designation of special courts.
7.Presumption in evidence.
8.Recording of evidence.
9.Time limit introduced.

25. • Abetment means to encourage, support or
countenance, by aid or approval, usually in a
wrongdoing.
• Attempt means to try and do something, especially a
difficult or a risky task.
• Presumption is a belief that something is true even
though it has not been proved.

26. POCSO TAKES A MORE STRICT VIEW OF OFFENCES
By laying down minimum punishment for different offences
The Act describes stringent punishment graded as per gravity of
the offence; with a maximum term of rigorous imprisonment for
life, and a fine.
The strict view is also visible in minimum punishments laid down
by the use of words, “which shall not be less than ..... years.”

27. OFFENCES DEALT WITH
The definition of child abuse is comprehensive and encompasses the
following :
1. Sexual harassment (Sec 11)
2. Sexual assault (Sec 7)
3. Penetrative sexual assault (Sec 3)
4. Aggravated sexual assault (Sec 9)
5. Aggravated penetrative sexual assault (Sec 5)
6. Use of child for pornographic purposes (Sec 13)
7. Storage of pornographic material (Sec 15)

28. WHAT MAKES THE OFFENCE ‘AGGRAVATED’
1. The position of the accused
(a) Police officer
(b) Member of armed or security forces
(c) Relative of the child through blood
2. Nature of child
(a) Pregnant
(b) Mental or physical disability
3. Manner or consequences of crime
(a) Inflicts the child with HIV
(b) In the course of communal or sectarian violence.

29. FOLLOWING ACTIONS MADE CULPABLE
• Punishment for failure to report or record a case – Sec
21
• Punishment for false complaint or false information –
Sec 22
• Punishment for reporting by media by way of a report
or comments on a child – Sec 23(4)

30. DESIGNATION OF SPECIAL COURTS
Sec. 28
1. Designated for each district for providing a speedy trial.
2. These courts can also try the accused person(s) for other
criminal offences.
3. Also vested with jurisdiction to try cyber offences.

31. PRESUMPTION
Sections 29 and 30
•The special Court shall presume the guilt of the person
prosecuted, unless the contrary is proved.
•Mental state shall be presumed but can be rebutted by the
defense.
•Preponderance of probability will do rather than beyond
reasonable doubt

32. • “Mental state” means state of mind or frame of mind.
• “Preponderance of probability” refers to the evidence that persuades a
judge or jury to lean towards one side as opposed to the other, during
the course of litigation.
• “Beyond a reasonable doubt” is a standard that must be met by the
prosecution’s evidence in a criminal prosecution that no other logical
explanation can be derived from the facts except that the defendant
committed the crime, thereby overcoming the presumption that a
person is innocent until proven guilty.
• “Culpable Mental State” includes intention, motives, knowledge of a
fact and the belief in, or reason to believe, a fact.

33. EXAMPLE OF CULPABLE MENTAL
STATE
1. Knowing the child is pregnant; Sec 5(q)
2. Taking advantage of a child’s mental disability;
Sec 5(k)

34. TIMELINE
Section 35
• For recording of evidence – 30 days from the date
of taking cognizance.
• For completion of trial – one year from the date of
taking cognizance.

35. CHILD FRIENDLY APPROACH
Sec 33(4)
A child friendly approach is one which is both sensitive
and responsive to the special needs of children.
Guidelines on Justice in matters involving child victims
and witnesses of crime prepared by the International
Bureau for Children’s Rights.
Economic and Social Council Resolution 2005/20.

36. PROTECTION
CHILDREN COME IN CONTACT WITH LAW
As victims
As witnesses
As offenders

37. JUSTICE DELIVERY SYSTEM NEEDS TO
BE -
1. Sensitive
2. Responsive,
to the special needs of children

38. NEED FOR SUITABLE APPROACH
1. Provision for infrastructure
2. Training of personnel
3. Engagement with children.

39. CAUTION
A child cannot be heard effectively
where the environment is intimidating,
hostile, insensitive or inappropriate for
his / her age.

40. SYSTEM INDUCED TRAUMA
• Individuals suffering from the effects of various types of traumatic
events have been observed carefully.
• The findings indicated that in many instances, the court processes
fail the children. This is so especially for those who have been
victims of sexual abuse. They are subjected to further trauma as
participants in the judicial process.
• If the criminal justice system is to effectively perform its role in
deterring and punishing child sexual abuse, it is vital that law
provides a workable, decent and dignified opportunity to the victim
to tell her/his story to the court.

41. LANDMARK JUDGMENTS

42. DELHI DOMESTIC WORKING WOMEN’S FORUM V.
UOI, (1995)1 SCC 14.
Justices MN Venkatachaliah, S.Mohan and SB Majumdar,
Decided on 19 October 1994
Facts of the case
The matter related to indecent sexual assault faced by four domestic
servants in Delhi. They were travelling by train from their hometown in
Ranchi to Delhi.
The victims were all helpless tribal women. They were vulnerable to
intimidation. They were raped by a group of soldiers. The victims tried
unsuccessfully to lodge a report with the police on the way. Later a First
Information Report was registered. Only two accused persons could be
identified. A public interest litigation petition was brought before the
Supreme Court.

43. THE COURT HELD
Rape is an experience which shakes the very foundation
of lives of the victim. For many, its effect is a long-term
one, impairing their capacity for personal relationships,
altering their behaviour and values and generating
endless fear in addition to the trauma of rape itself.
Victims have had to suffer further agony during legal
proceedings.

44. The defects in the present system are ; Firstly,
complaints are handed roughly and are not given
such attention as is warranted. The victims, more
often than not, are humiliated by the police. The
victims have invariably found rape trials a traumatic
experience. The experience of giving evidence in
court has been negative and destructive. The victims
often say, they considered the ordeal to be even
worse than the rape itself. Undoubtedly, the court
proceedings added to and prolonged the
psychological stress they had to suffer as a result of
rape itself.

45. THE DECISION AND SUBSEQUENT JUDGMENT LED
TO INTRODUCTION OF A NEW SYSTEM OF TRIAL IN
SUCH CASES

46. ASSISTANCE TO VICTIMS OF RAPE AT TRIAL
1. The complainant of sexual assault cases should be provided with
legal representation. Have someone who is well-acquainted with
the criminal justice system.
2. Provide legal assistance at the police station.
3. The police should be under a duty to inform the victim of her right
to representation before any questions are asked.
4. A list of Advocates willing to act in these cases should be kept at
police station for victims.
5. The Advocates shall be appointed by the court but authorized to
act at the police station before help of court was sought or
obtained.

47. 6. In all rape trials, the anonymity of the victim must be maintained
as far as possible.
7.Setup criminal injuries compensation Board. Rape victims
frequently incur substantial financial loss. Some, for example are
too traumatized to continue in employment.
8.Compensation for victims shall be awarded by the court on
conviction of the offender and by the criminal injuries
compensation board whether or not a conviction has taken place.
-Delhi Domestic Working Women’s Union v UOI ;
(1995) 1 SCC 14.

48. COMPENSATION TO RAPE VICTIMS
The board will take into account pain, suffering and shock
as well as loss of earnings due to pregnancy and the
expenses of child birth if this occurred as a result of rape.
-Delhi Domestic Working Women’s Forum v UOI,
(1995) 1 SCC 14

49. STATE OF PUNJAB V GURMIT SINGH;
1996(2) SCC 384
• Justices Dr. AS Anand and S.Saghir Ahmad,
• Decided on 16 January 1996
• Facts of the case
A young girl below 16 years of age and student of 10th class was pushed into a
car and driven away to a secluded area. After committing rape , three young
men left her at the same place next morning. The trial court did not believe her
testimony. The accused were acquitted. The matter finally reached the Supreme
Court.

50. The trial court had recorded that the prosecutrix was ignorant of the make
etc. of the car in which she was abducted. She did not raise an alarm when
being abducted. There was negligence of the police officer in not tracing
out the driver or car. The victim did not complain to the teachers or other
girl students the next day. Her age had not been conclusively determined
on record. There was a delay in filing F.I.R

51. TRIAL IN CAMERA
Sub-sections (2) and (3) of Section 327 CrPC casts a duty on the courts to
conduct the trial of rape cases etc. invariably “in camera”. The courts are obliged
not to ignore the mandate and must invariably take recourse to the above
provisions and hold the trial in camera. It would enable the victim of crime to be
a little comfortable and answer the questions with greater ease in not too
familiar a surrounding. Trial in camera will not only be in keeping with the self
respect of the victim of crime and in tune with the legislation intent but is also
likely to improve the quality of evidence of a prosecutrix because she would not
be hesitant or bashful to depose frankly as she may be in an open court, under
the gaze of the public. The improved quality of her evidence would assist the
courts in arriving at the truth and sifting truth from falsehood.
-State of Punjab v. Gurmit Singh ; (1996) 2 SCC 384

52. In cases involving sexual molestation, it is the duty of court to deal with
utmost sensitivity. Minor contradiction or insignificant discrepancies in the
statement of prosecutrix should not be a ground for throwing out an
otherwise reliable prosecution case. Courts are obliged to hold the trial in
rape cases in camera.

53. NON DISCLOSURE OF THE NAME OF VICTIM BY THE
COURT
The courts should, as far as possible, avoid disclosing the name
of the prosecutrix in their orders to save further
embarrassment to the victim of sex crime. The anonymity of
the victim of the crime must be maintained as far as possible
throughout.
-State of Punjab v Gurmit Singh, (1996)2 SCC 384

54. REPORTING BY MEDIA
When trials are held in camera, it would not be lawful for any
person to print or publish any matter in relation to the
proceedings in the case, except with the previous permission
of the court as envisaged by Sec 327 (3) CrPC. This would save
any further embarrassment being caused to the victim of sex
crime.
-State of Punjab v Gurmit Singh, (1996) 2 SCC 404

55. DUTY OF COURT TO SEE VICTIM IS NOT HARRASSED
The court should not sit as a silent spectator while the victim of crime is
being cross examined by the defense. It must effectively control the
recording of evidence. The court must ensure that cross examination is not
made a means of harassment or causing humiliation to the victim of the
crime. A victim of rape, it must be remembered, has already undergone a
traumatic experience and if she was made to repeat again and again, in
unfamiliar surroundings what she had been subjected to, she may be too
ashamed and even nervous or confused to speak and her silence or a
confused stray sentence may be wrongly interpreted as discrepancies and
contradictions in the evidence.
-State of Punjab v Gurmit Singh ; (1996) 2 SCC 404

56. BUDHADEV KARMASKAR
V.
STATE OF WEST BENGAL
(2011) 10 SCC 354
Judgement dated 14 Feb 2011
Justices Markandey Katju and Gyan Sudha Mishra

57. FACTS OF THE CASE
It was a matter of brutal murder of a sex worker. She was beaten
mercilessly by the appellant on the night of Sep 17th 1999 on
Kolkata. She was kicked with fists and legs. Then, she was caught
by her hairs and her head was banged against the floor. She was
seen profusely bleeding. The victim was taken to the hospital and
found dead on arrival. The incident was witnessed by four
persons. The post mortem report found eleven injuries on the
body of the victim.

58. • Held, sex workers are also human beings and no one has a
right to assault or murder them. A person becomes a
prostitute not because she enjoys it but because of poverty.
Society must have sympathy towards sex workers and must not
look down upon them. They are also entitled to a life of dignity
in view of Article 21 of the Constitution.

59. • Their problems also need to be addressed. If such a woman is
granted opportunity to avail some technical or vocational
training, she would be able to earn her livelihood by such
vocational training and skill instead of selling her body.

60. • Hence the Central/State Governments are directed to prepare
schemes for giving technical/vocational training to sex workers
and sexually abused women in all cities in India. The schemes
should mention in detail who will give the technical vocation
training and in what manner they can be rehabilitated and
settled by offering them employment.

61. • For instance, if a technical training for some craft like sewing
garments etc. then some arrangement should also be made for
providing a market for garments, otherwise they will remain
unsold and unused and consequently the women will not be
able to feed herself.

62. • We propose to have the response of the Centre and the states
in this regard and hence, the case shall be listed before us
again on May 4th 2011 to be taken up as first case on which
date the first compliance report indicating therein the first
steps taken by the central and the state government.

63. LAW ENFORCEMENT
LAPSES IN INVESTIGATION AND
PROSECUTION
State of Gujarat v Kishan Bhai and others ;
(2014) 5 SCC 108
Justices Chandramauli K Prasad and JS Khehar

64. FACTS OF THE CASE
The accused respondent was alleged to have enticed a six year
old girl in Gujarat on 27 February 2003 with sweets. He then took
her to a field where he raped her. He later hit her by inflicting
injuries on her head and other parts of body with bricks. In order
to steal the anklets worn by her, he chopped off her feet just
above the ankle.
Due to defective or illegal investigation and prosecution, the case
resulted in acquittal. State of Gujarat then approached the
Supreme Court in appeal.

65. ORDERS
1. Directions issued for purposeful orders and decisive investigation
and prosecution.
2. Training program to be put in place within six months to ensure
that those persons who handle sensitive matters concerning
investigation/prosecution are fully trained to handle the same.
3. Home department of every State Government to formulate
procedure for taking action against all erring
investigating/prosecution officials/officers.

66. 4. Inconsistencies and infirmities in the last seen evidence of three witnesses.
Test identification parade was not conducted, key witnesses were not examined.
There was unexplained long delay of seven hours in registration of complaint.
Held, all these are glaring omissions. Reversal of conviction confirmed.
5. Need for investigating agency to resort to latest scientific and forensic
techniques to establish the facts, emphasized.
6. It is essential that every State should put in place a procedural mechanism
which ensure that the cause of justice is served , which would simultaneously
ensure safeguards of interest of those who are innocent.

67. HANDLING OF CHILD ABUSE CASES,
INQUIRY, INVESTIGATION AND
TRIAL

68. “There are no illegitimate children - only illegitimate parents.”
-Leon R Yankwicho
Opinion, Zipkin v Mozon,
June, 1928

69. INQUIRY STAGE
1. Act fast.
2. Maintain confidentiality.
3. Cross check facts.
4. Observe the ‘need-to-know’ doctrine in sharing information
about the victim with others.

70. INVESTIGATION STAGE
1. The complaint shall be recorded promptly and accurately.
2. Investigation to be done by an officer not below the rank of Sub Inspector,
preferably by a lady office.
3. Statement of the victim shall be recorded verbatim.
4. The officer recording statement should not be in police uniform.
5. Statement to be recorded at the residence of the victim or at the other
place where the victim can speak freely.
6. Parents be allowed to be present.
7. Statement to be recorded promptly without any loss of time.
8. Child must not come in contact with the accused.

71. 9. Not to be kept at police station over night on any pretext whatsoever.
10. IO to ensure that victim is made comfortable before recording his / her
statement.
11. If necessary, take help of a psychiatrist.
12. Victim to be medically examined at the earliest, within 24 hours at a Govt.
Hospital.
13. Investigation team must visit the site at the earliest and collect all incriminating
evidence.
14. Clothing and article necessary for forensic exam be sent on priority and report
obtained.
15. Investigation may be held on priority and completed within 90 days.
16. IO shall ensure that identity of the child victim is protected from publicity.

72. MEDICAL EXAMINATION
1. In case of a girl victim, exam preferably by a female doctor.
2. If possible, psychiatric help be arranged before medical exam.
3. Report be prepared expeditiously and a copy be provided to the parents or
guardians.
4. If result likely to be delayed, it be clearly mentioned in the report.
5. During medial exam, parents / guardian / a person trusted by child allowed to
remain present.
6. Emergency medical treatment to be provided where necessary.
7. Prophylactic medical treatment be afforded against STD (Prophylactic means
something that is intended to prevent disease).
8. Victim be afforded immediate medical attention and matter reported to the
nearest police station.

73. RECORDING OF STATEMENT BY MAGISTRATE
1. The statement shall be recorded promptly and at the earliest. Any
adjournment to be avoided.
2. If child is in the hospital, the statement shall be recorded there.
3. If to be recorded in the court premises, then it must be in a
separate room.
4. Where ever possible, the statement be video recorded.
5. As far as possible child not to be separated from his / her parents
or guardians.
6. Child not to be detained in an institution meant for adults.

74. TRIAL COURT
1. Create a child friendly atmosphere.
2. Proceedings be held ‘in-camera’
3. Victim (also witnesses, if children) not to be confronted with accused.
4. Where possible, video record statement.
5. Questions intended to be put by accused in cross examinations be
given to the court and may be asked by Presiding officer in a
language neither embarrassing nor confusing.
6. Committal court shall commit such cases to the sessions court within
15 days from the filing of charge sheet.

75. GENERAL
1. Efforts should be made to ensure continuity of persons who are handling
various aspects of the case.
2. The police and the judge must ascertain the language with which child is
conversant and the same be used at the trial.
3. Minimize the number of times a child victim or witness has to recount the
occurrence.
4. Child victim is not to be separated from his parents/guardian.
5. Tools including automatically correct illustrations and figures may be used
by the victim to explain the incident.
6. No court shall detain a child in an institution meant for adults.
7. The judge should ensure that there is no media reporting of the in-camera
proceedings.

76. GUIDELINES FOR ‘CHILD FRIENDLY APPROACH’
COURT
1. Separate rooms be provided within the court precincts for child abuse cases.
2. Trial must be in-camera.
3. Exclude unnecessary persons from courtroom.
4. Avoid disclosing the name of prosecutrix.
5. Record evidence through video conference or by way of a close circuit television, if
feasible.
6. Child permitted to testify from a place other than the one normally reserved for
witnesses.
7. Make the child comfortable to depose without any fear or pressure.
8. Take assistance of an independent person who can relate or communicate if the
victim or witness has any disability involving communication.
9. Ensure that the victim is not scared and nor concealing any portion of evidence.

77. 10. Cases to be placed before lady judges wherever possible. Even court staff be of same gender.
11. Evaluate and record order on competency of child witness.
12. Record satisfaction of court about the child’s capacity to;
A. Understand the obligation to speak the truth
B. Mental capacity to testify
C. Understand simple questions
D. Render an accurate impression
E. Express in words or otherwise
13. Prevent questions in cross examination designed to embarrass, intimidate or confuse child victims.
14. Questions must relate directly to the offence. Defence to give in writing to the Presiding Officer, who
may then put it to the victim in a language which is clear and not embarrassing.
15. Use of innuendos or expressions which may be variably construed, should be avoided. An innuendo
is an indirect intimation of a person or a thing, especially of a disparaging or a derogatory nature.

78. 16. Allow sufficient breaks as and when required.
17. Record statement of the victim promptly and avoid adjournment.
18. Prevent repeated appearances of child witnesses, unless absolutely imperative.
19. Prioritize the case to ensure a speedy trial.
20. Aggressive or sarcastic language not to be used. Questioning must not be done by way of
sexually explicit examination.
21. Child witness be allowed to use gestures.
22. The Judge should be humane, balanced and should ensure the protection of the dignity of
vulnerable victim.
23. It is the duty of the court to arrive at the truth and sub serve the ends of justice. The court can
control the proceedings effectively even if the prosecutor is remiss in some ways. The judge has
uninhibited power to put questions to the witness at any stage of recording of evidence. The court
should be careful to permit any action that may result in camouflage the ingredients of the offence.

79. POSITION IN OTHER JURISDICTIONS
Jurisdictions use a variety of terms for sexual relations with a person
under the age of consent. For example, child sexual abuse, statutory
rape, illegal carnal knowledge, corruption of a minor etc.

80. UNITED KINGDOM
CRIMINAL JUSTICE ACT, 1982
The Courts armed with power to make an ancillary order for compensation
in addition to the main penalty in cases where injury, loss or damage had
resulted. Where fines and compensation were given together, the payment
of compensation should take priority over fines.
These developments signify a major shift in penological thinking, reflecting
the growing importance attached to restitution and reparation over the
more narrowly retributive aim of conventional punishment.
If the court fails to make a compensation order it must furnish reasons.
Where reasons are given, the victim may apply for these to be subject to
judicial review.
The Oxford Handbook of Criminology (1994 edn), Pages 1237-38.

81. Regina V. Burstow and Regina V. Ireland,
1997(4) All ER 74
FACTS OF THE CASE
Burstow had a social relationship with a woman. She broke it off. He could not accept her
decision. He proceeded to harass her in various ways over a lengthy period. His conduct
led to several convictions and periods of imprisonment. During an eight month period in
1995 covered by the indictment he continued his campaign of harassment. He made
some silent telephone calls to her. He also made abusive calls to her. He distributed
offensive cards in the street where she lived. He was frequently, and unnecessarily, at her
home and place of work. He surreptitiously took her photographs and of her family. He
sent her a menacing note. The victim was badly affected by this campaign of harassment.
It preyed on her mind. She was fearful of personal violence. A consultant psychiatrist
stated that she was suffering from a severe depressive illness.

82. • In the other case cited, a person accused of repeated silent
telephone calls accompanied by heavy breathing to women
was held guilty by causing psychiatric injury amounting to
bodily harm under section 42 of Offences Against the Persons
Act, 1861.
• Criminal law has progressed to appreciate a link between body
and psychiatric injury, and as a matter of current usage, the
contextual interpretation of ‘inflict’ can embrace the idea of
one person inflicting psychiatric injury on another.

83. R v. R,
(1991) 4 All ER 481
FACTS OF THE CASE
• The wife had left her matrimonial home with her son on 21st October,
1989, and went to live with her parents. She had consulted solicitors about
her matrimonial problems and left a letter to the husband informing him
that she intended to petition for divorce.
• Two days later, the husband spoke to his wife on the telephone that it was
his intention to seek to a divorce too. On the night of 12th November, 1989,
the husband forced his way into the house of his wife’s parents, who were
out at that time, and attempted sexual intercourse with her against her
will. In doing so, he assaulted her by squeezing her neck with his hands.

84. • The rule that a husband cannot be criminally liable for raping
his wife if he has sexual intercourse with her without her
consent no longer forms part of the law of England since a
husband and a wife are now regarded as equal partners in
marriage. It is unacceptable that by marriage, the wife submits
herself irrevocably to sexual intercourse in all circumstances or
that it is an incident of modern marriage that wife consents to
intercourse in all circumstances, including sexual intercourse
obtained only by force.

85. CANADA
The Queen (Appellant) V. L (DO) and Attorney General
(1993) 4 SCR 419
Facts of the case
• The complainant, a 9 year old girl, reported of having been sexually
assaulted by the accused between September 1985 and March 1988. A
videotape interview of the complainant took place in August 1988.
• She testified before the court at the preliminary inquiry. At trial, the
Crown sought to introduce the video tape interview under the section
715 of the Criminal Court.
• The Constitutional validity of section 715 was challenged by the defence.
The matter finally reached the Supreme Court.

86. • Held, Section 715.1 is a response to the dominance and power which
adults, by virtue of their age, have over children. By allowing the
videotaping of evidence under certain express conditions, this section
not only makes participation in the criminal justice system less stressful
and traumatic for child adolescent complainant, but also aids in the
preservation of evidence and discovery of the truth.
The criteria of necessity and reliability can easily be met. Reliability
arises from the presence of the child at trial, the adoption under oath of
her videotaped statement, the opportunity to observe the child and the
videotape in court and the ability to cross examine the child. Necessity
stems from the child’s possible loss of memory by the time of trial or
from the negative consequences that the child may suffer if obliged to
testify at the trial.

87. USA
REPORTING STATUTE
• Child Abuse and Neglect reporting statute expects certain persons like
health care providers, teachers and child care workers to report
suspected child abuse.
(42 USCA //5101-5157)
• The White Slave Traffic Act, more commonly known as the Mann Act,
deals with child prostitution. Its amended version of 1978 covers a wide
range of activities for which any person can be charged with a criminal
offence (Various kinds of sexual intercourse, bestiality, masturbation,
sadomasochistic abuse, or lewd exhibition of the genitals or pubic area).

88. It is often difficult to get young prostitutes to testify
against their pimps, because prostitutes fear that
reprisals, as well as verbal and physical abuse, may result,
and also because their source of money for the purchase
of narcotics, which many of them purchase, may dry up.

89. • It is thus apparent that legal regimes are making an
endeavour to provide for greater reliance on testimony
of child sexual abuse victims by innovative
interpretations of statutes. The view taken in marital
rape complaints can be suitably expanded to cover
cases of child victims too.

90. SAVE THE CHILDHOOD MOVEMENT
Sex tourism still exists in Philippines, Thailand, Indonesia, Sri Lanka and
Hong Kong etc. apart from India, Pakistan, Nepal and Bangladesh.
New Slogans:
1. Stop child abuse, stop violence and regressive cultural practices.
2. Quit drinking: Save childhood.
3. Stop drug consumption: Save childhood.

91. “Children need systems that are inclusive and driven
by them, systems that will enable them to respond
to their feelings and needs at any time.”
-Jeroo Billimoria
Social entrepreneur