Can the woman be charged as a primary offender in this case, even for penetrative sexual assault?

As per the alleged facts of the case a child was conceived as a result of the act. Hence, it would fall under the definition of Penetrative Sexual Assault, as it also covers the act of making a child do it. It is likely that the alleged offender in question will be charged for same. Although, there is not enough precedent on women being primary offenders in a case of child sexual abuse, the Act makes no exception for any gender.

What is the minimum sentence in case of conviction?

The offence of penetrative sexual assault carries a minimum punishment of 7 years of imprisonment and fine.

The child in question is above 17 years of age and it is alleged, that the child had consented to the sexual act. Will it have any bearing on the case?

There is a disparity in the approach and views of the judges at the stage of bail hearings and quashing, when the child is above 16 years of age and has given a statement that the act was consensual. Some judges consider the argument regarding the age of discretion, while others go for a strict interpretation of law, with no exception.

What about the fact that the case was registered at the behest of the parents?

It is immaterial if the case was registered by the child himself or a family member. If a statement is given by the child to the Police that there was sexual intercourse, it is sufficient to register the case.

Can the woman be sentenced, even if it is proved that she had indeed married the child, considering that a baby was also conceived?

The fact of marriage has no relevance under the law, as it stands today. Even, the fact that there was not much age gap between the parties will be of no consequence at the stage of sentencing. The Act prescribes for a minimum punishment.

What about the cases in which both the victim and the offender are minors and in a consensual relationship?

Any sexual act of minors of same age would also attract the provisions of POCSO. The offender will be identified as a child in conflict with law and can be prosecuted before the Juvenile Justice Board.

22-Yr-Old Woman Held For Marrying Minor: Can She be Convicted?

The Protection of Children Against Sexual Offences Act, 2012 (POCSO) is a comprehensive law to protect children from every known form of sexual abuse, including sexual assault, sexual harassment, and pornography.

It also provides for a special child-friendly set-up for investigation and trial of such offences. Unlike the Indian Penal Code, which provides for punishment for sexual offences against women, POCSO is a gender neutral law.

Any person who is below the age of 18 years is defined as a ‘child’ under the Act, irrespective of gender. Further, any person who has committed sexual abuse against a child can be booked under the Act. The offender could be of any age, ie, below or above 18 years and of any gender.

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22-Yr-Old Woman Held For Marrying Minor: Can She be Convicted?

The POCSO act explained, in the case of the 22-yr-old woman who married and sexually assaulted a 17-yr-old.

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Topics: POSCO Act pocso act POCSO