Dealing with child sex abuse – the legal options

Dealing with child sex abuse – the legal options

I've discussed various aspects of child sex abuse earlier. In this article, I will discuss the legal options of what you should do when your child has been sexually abused. It's very important you do not ignore seeking legal advice or shoving the issue under the rug. You need to stop the perpetrator from abusing other children. Also this could be empowering for the child and help boost their confidence. Do not suppress the issue citing social stigma…other children's lives may be in danger. 

Where do we file a complaint?

The Protection of Children against Sexual Offences Act 2012, has made the process of filing a complaint easier for parents and children. It's necessary to know the following telephone numbers and procedures to make sure your complaint is taken seriously and a case is filed.

Any act amounting to abuse of a child can be made to the Police Helpline Number – 100.In case the police fail to register a FIR or do not investigate the case, then the aggrieved party can write an application to the Superintendent of Police under Section 154(3) of CrPC.The parents can write to the Magistrate under Section 156(3) of CrPC, when neither the Superintendent nor Police take any action or file a complaint/FIR. In this case the Magistrate can also monitor the investigation.An online complaint can be made on the website of the National Commission for Protection of Children's Rights by clicking on the following link: A complaint can also be addressed to:

 Chairperson
 National Commission for Protection of Child Rights,
 5th Floor, Chanderlok Building, 36, Janpath,
 New Delhi – 110 001
  (E-Mail: )

 Maharashtra Commission for Protection of Child Rights (MCPCR)

3rd Floor, Govt. Transport Service Building,

Sir Pochkhanwali Road,

Worli, Mumbai-400032

 Ph.: 022-24920879

Fax: 022-22014880

Email:

vi.      Online complaint can also be made on the website of the National Commission of Human Rights by clicking on the following link:   

vii.     A call can be made to Childline a 24 hours free telephone helpline service at the number 1098. Childline provides emergency assistance and outreach services to a child in distress and subsequently, based upon the child's need, rescues the child and refers him/her to an appropriate organization for long-term rehabilitation, follow up and care. 

What are the legal options? Know the laws to protect children

Knowledge of the various legal options open to parents and guardians can be extremely helpful, when no help from the Police is forthcoming. In many cases the police officials have refused to file a FIR or conduct an investigation. In some cases the police tell the victim and her family to drop the matter.  Sometimes the victim is unlawfully held in custody so that the victim is forced to withdraw the case. This can be disheartening to the distressed family but knowledge of the laws and courage to approach the higher authorities or Child Care Organisations cited above can be tremendously helpful

The oldest and prevailing laws with regards to CSA were formulated in 1860 by the Indian Penal Code. They are:

I.P.C. (1860) 375- RapeI.P.C. (1860) 354- Outraging the modesty of a womanI.P.C. (1860) 377- Unnatural offencesI.P.C. (1860) 511- AttemptProcurement of minor girls by inducement or by force to seduce or have illicit intercourse (Section 366-A)Selling of girls for prostitution (Section 372)Buying of girls for prostitution (Section 373)

 The Parliament of India passed the 'Protection of Children Against Sexual Offences Act regarding child sexual abuse on May 22, 2012 after years of people and Child Rights groups lobbying for stricter laws for sexual offences. The Act defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography. According to the Act, an offence is termed as 'Aggravated' when committed by a person in a position of trust or authority of child such as a member of security forces, police officer, public servant, etc.   

Punishments for Offences covered in the Act are:

i. Penetrative Sexual Assault (Section 3) – Not less than seven years which may extend to imprisonment for life, and fine (Section 4)

ii. Aggravated Penetrative Sexual Assault (Section 5) – Not less than ten years which may extend to imprisonment for life, and fine (Section 6)

iii. Sexual Assault (Section 7) – Not less than three years which may extend to five years, and fine (Section 8)

iv. Aggravated Sexual Assault (Section 9) – Not less than five years which may extend to seven years, and fine (Section 10)

v. Sexual Harassment of the Child (Section 11) – Three years and fine (Section 12)

vi. Use of Child for Pornographic Purposes (Section 13) -  Five years and fine and in the event of subsequent conviction, seven years and fine (Section 14 (1))

The ACT states that there should be Special Courts for the trial of CSA offences and the child's best interest is of paramount importance at all stages of the judicial process. The trials have to be completed within a year. The Act states that intent to commit or attempt to commit a sexual offence is also punishable by law. The Act states punishment for abetment (aiding) of the offence, which is considered same as committing the crime. This would cover trafficking of children for sexual purposes. Special Juvenile Police Unit (SJPU) was created to provide immediate help to the child and make arrangements for rehabilitation of the child while also reporting to Child Welfare Committee. 

I will reiterate that do not lose hope when authorities show insensitivity in listening and acting on your complaint. Knowledge of the laws and whom to approach helps tremendously.