Do you know that how many men become victims of sexual violence on a daily basis in India and around the globe? You will be quite shocked to see the statistics. A survey was conducted by The Economic Times which stated that 67% of 43 men agreed that they are exposed to sexual harassment by female co-workers. These are just the numbers from a survey and we will never get to know as to how many incidents take place on a daily basis and further, how many of them go unreported. Sexual Violence against men is a topic of serious concern and it has long been shrouded in silence and stigma. In the recent years, the violence against men, be it, sexual, physical, psychological, etc. has been on a rise but then too people choose to overlook such atrocities.

Keeping all of this in mind, this article aims to bring to your notice, sexual violence against men and its consequences on the psychological and physical health of a man. This piece of writing will also talk about some pre conceived notions/myths and then further, burst it. Subsequently, it is also necessary to understand the current position in the purview of Article 14 of the Constitution of India.

In order to make it more credible, this article will also present some data. Lastly, some suggestions will also be put forward in order to improve the state of our society in context of making laws and providing remedies to men who are victims to sexual violence.

Analysis
Recently, in February, 2024, Justice Devan Ramachandran, Judge, Kerala High Court said that Men are also the victims of sexual assault and this should not be overlooked. He said that it is a rare thing but it does exist. He completely agreed with the point that the victims, predominantly, are females but he also pointed out that there is a rise in cases involving sexual assaults against men.

He stated, "Here, you have assumed that the victims are women. You should have qualified that the victims you refer to are women victims alone. There are men, young boys being abused. I have seen a couple of cases recently. There are more boys in POCSO matters these days.[1]"

These observations are said to be a crucial step towards accepting that anybody can become a victim of sexual violence, irrespective of their gender, caste, race, sex, etc. This is a step towards the initiation of shift in societal mindset and perception. Additionally, it will provide a more fair and encouraging atmosphere for all victims.

If we look at the statistics presented by centre for civil society, it highlights that a survey was conducted where 18% of Adult men agreed that in India those men were forced to participate in marital relationship, and 88% of them were pressured by females and 12% of them by males. In another survey which was conducted by the economic times stated that nearly 67% of 43 men agreed that they are exposed to sexual harassment by female co-workers.

Earlier in 2022 National commission for women researched upon the issue, it was discovered that nearly 1.4% of males in India has experienced the sexual harassment. The documented incidence is around 3,000 which is increase in 500 cases from last year.

According to the report of National Crime Records Bureau, it was observed that in 841 cases of POSCO, 4 of them were against male child. It is less in number but it is there even if it happens to 1 justice needs to be served. Society fails male victims of sexual assault because they tend to raise voice if the matter is of bigger attention but if attention will not be given to this the numbers will increase. One such initiative was taken by several NGO's by celebrating Blue umbrella day[2].

These are just the reported numbers. We do not know the exact number and we never will because just like females, many men also hesitate to report these incidents and hence they go unreported.

For a person who is a victim of any kind of violence, sexual violence in this case, is likely to be affected emotionally and the scale would be very severe. Men who experiences sexual violence are said to suffer from many psychological problems like Post Trauma Stress Disorder, Stress, Anxiety, Hallucinations and even Depression. Some of them even think that now there is no meaning of their existence and see suicide as their only way out.

It goes without saying that how much a victim of sexual abuse is perceived by the society in particular. Some men also have nightmares and have to be put on sleeping pills. If a young boy suffers sexual violence, he does not wish to continue going to school and just want sit at home, away from all the crowd and strangers. Some victims who somehow come out of their shell, have, always a pinch of fear from strangers since anybody can do anything to them.[3]

As we have already talked about psychological distress which is caused to men after experiencing sexual violence. It is also crucial to talk and discuss about the physical health consequences. Men victims undergo many behavioural changes as compared to their female counterparts. They are said to have more aggressive tendencies after an assault.

They are also likely to struggle with substance use like consumption of alcohol. According to a report issued by the Pennsylvania Coalition Against Rape, "When compared with nonvictims, rape victims are 3.4 times more likely to use marijuana, 5.3 times more likely than non-survivors to use prescription drugs for nonmedical purposes, 6.4 times more likely to use cocaine, and 10 times more likely to use hard drugs other than cocaine."

Men might also have a hard time performing sexual activities after an assault. There is also a possibility of transmission of STD's and physical harm to the bones could also be caused depending upon the degree pf violence which took place. Sexual violence which is directed against gay men is said to have a higher degree of violence and even use of multiple weapons. [4]

"Additionally, male anal rape survivors are more likely to experience internal harm even if they do not become pregnant, increasing their risk of contracting HIV.", According to the Association of Alberta Sexual Assault Services.

Rape is one of heinous offences and there is piece of legislation that provides protection to the survivors of this crime. But are all those laws gender neutral? POSCO is the gender-neutral Act[5], but Section 375 of the Indian Penal Code only deals with female survivors of Rape. The definition clearly states that "sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped or is of unsound mind and in any case, if she is under 18 years of age" it could be inferred from the section that this only happens with females and done by males.

But where do males seek remedy? It could be sought only under Section 377 of IPC that is modelled on Buggery Act, 1533 where unnatural sex is an "Act against god". So, even if there are certain laws that are gender neutral then too the remedies and reliefs are hard to get.

Adult men can only seek protection when the act will be an act against god and not under Section 375 where consent of woman is included but no such laws are there for men as such. When men are subjected to sexual harassment and assault in workplace there are no such gender-neutral laws. Even in the POSH act only females are included, that piece of the legislation is also specific to one gender and it is against the equality before law.

There are already so many cases of sexual abuse against men but if law will fail to recognize it first place, we are far from the remedy. Under Article 14 of the Constitution of India, if laws are inconsistent with the principle of equality it is denial of equality and equal protection. Equal protection to the male survivors of rape is a right under Article 14 and there should be gender neutral laws for the same, otherwise it amounts to discrimination on the basis of sex under Article 14.

In the year 2019, a senior lawyer in Rajya Sabha bought the gender-neutral bill before the parliament in India requesting rape laws to be gender neutral, the contention was to make changes in certain wording used in IPC, Criminal Procedure Code and Evidence Act as they used any woman in section 375, 354B, 354C, 354D, 375 and 376 of IPC, as it should not be a gender specific but gender-neutral law. The words should be replaced by 'any person'[6].

xyz, the hostel in-charge of a missionary school in Sundargarh district, sexually assaulted ten boys of hat school. A case was filed against him in response to a complaint from the district child protection officer. He was working there since a year, those 10 boys informed the same to the headmistress who lodged the complaint, it was later found that in the last few months many such students were sexually exploited by him. Children were from class 6th to 8th , he threatened them that they should not speak about this to anyone otherwise they will be transferred to a different school[7].

xyz, sexual abuse survivor and activist was sexually abused by members of his extended family, it started when he was 6 years old and continued for 9 years. Men too fear society and he was unable to raise his voice at that time. He also stated that where could he seek remedy, society fails to recognize that males are subjected to sexual abuse[8].

In Jalandhar Punjab, 4 women in there 20's rape a male after abducting him. This happened in December 2022. They kept him hostage for nearly 11 hours and intoxicated him with drugs and raped him repeatedly. The definition of rape should be crime against human body not the particular gender[9].

Sexual violence against men is not just restricted to one sector but can happen anytime and anywhere. The sector we are moving forward to is the sector of armed conflicts. Yes, you have read it correctly, men are victims of sexual violence even in armed conflicts. When armed forces of States engage in combat with one another (international armed conflict), or when armed factions inside a State engage in combat with one another (non-international armed conflict), then there is an armed conflict.

Gender perspectives, and especially varied feminist ideas, have been more and more important in recent studies on armed conflict when examining the gendered aspects of wars. Earlier, the studies used to focus on hyper and militarized masculinities but nowadays, in recent times, the focus has shifted to the diversity of masculine construction and vulnerabilities. Still, most of the literatures and studies portrays men as universal suppressors and aggressors while women as universal victims, which further oversimplifies the complicated and complex realities of gender experiences in conflict.

Some scholars have criticised this portrayal of women as a weak or vulnerable person while some have also criticised this because the victimhood and vulnerabilities of men are completely ignored. Due to all of these pre conceived notions, there is a need for more nuanced understanding of gender dynamics in armed conflict that takes into account the varied experiences and agency of both men and women.[10]

Now it's time to burst some myths which most people believe to be true. Firstly, it is believed by many that boys cannot be sexually abused but little do they know that anybody irrespective of their masculinity or femininity can be sexually abused. It is also believed that it is always a boys' fault, especially in case where he is induced or arouse, although, there is no reality in this statement. It does not follow that a boy wanted or liked being manipulated or abused, nor does it imply that he was at fault or responsible for anything that happened. Even if a boy enjoyed the attention he was receiving, became sexually aroused during the abuse, or even occasionally requested the attention or sexual contact.

Thirdly, some people have this pre conceived notion that sexual abuse is not as harmful to boys as much it is to girls. The real image is something else only. Harm caused to both girls and boys may in some ways be different but equally harmful. There is no such thing as less harm to boys and more to girls. The degree of harm is equal in both the cases. Another myth among people is that only gay men sexually abuse but boys can be sexually abused by even straight men or women. Sexual abuse does not have anything to do with a person's sexual orientation and it is in every way wrong to judge a person by their sexual orientation.

It is also believed by people that if you are male survivor then you must be gay. As stated above that sexual abuse does not have anything to do with sexual orientation of a person. Any boy/man can be abused sexually. Lastly, it is also said a male survivor will go on to sexually abuse others but there is no correctness in this particular statement since a person who, himself has gone through such a traumatising experience will not think of doing the same to others.

These were some of the myths which were in dire need of fact check. Also, before making a notion about something, one should always research about it. [11]

Being able to give consent in sexual act, should not be sought but it rests with the person. We say that when a women's consent is not taken before touching her inappropriately, it amounts to sexual harassment. Then why is it presumed that men are always ready for it, and if that act is not consensual then it can amount to sexual harassment of a male too.

Remedies of this sought is so much neglected when it comes down to men that it needs to be specified. Maneka Gandhi, Union Women and Child Development Minister in 2018 stressed upon states and Union territories to include male child victims of sexual abuse to be included in the compensation schemes in her letter to Chief Ministers of states[12].

IPC is substantive law; it should protect all genders. When it defines sexual assault, it should not only include female genitals but also include male genitals cannot be touched without consent, as if any kind of assault upon men they should also be able to seek remedy under it. The section ensures that inappropriate touching to male parts also constitutes to be a sexual assault. Government stated that new bills is to 'strengthen law and order' yet failed to protect male victims, abandoning them, granting no protection against sexual offences[13]. Mens rea and actus rea constitutes the crime, it could not be attached to the specific gender being a victim or specific gender to be a predator.

Suggestions:

• First-time gender-neutral law definition was proposed in 2012, as criminal law amendment 2012. It's been more than 11 years since it is not taken into consideration even when new bills for IPC, CRPC, and Evidence act has been proposed. Gender neutral laws should be considered in drafting of new bills.
   
• When it happens to women there are several NGO's that come to the rescue. They become their support system in getting justice. Men deserve such support as well; it is easy for no one to survive sexual assault. If NGO's will help male victims, then they might gather the courage to fight for them. We all know how many cases of this nature go unreported if there is no support. NGO's have helped so many women to fight the battle of justice; they can help men too.
   
• There should be awareness programs that educate people that this happens to men. If people will talk about it more, even doctors who examine those victims, victims themselves, and anyone who is related to the victim. Society makes it difficult for men to accept that rape, sexual assault, and harassment can happen to them. If there would be education on this topic and more awareness programs, many will come forward and seek justice.

Conclusion
Sexual harassment among men in India is a significant issue, with 1.4% of males experiencing such harassment in 2022. A poll by the Centre for Civil Society found that nearly 18% of Indian adult men reported being pressured or forced to participate in marital relations. However, experts believe the true number of incidents of sexual harassment is much higher due to fear of shame and sanctions.

Sexual violence affects men emotionally and can lead to severe psychological problems, such as Post Traumatic Stress Disorder, Stress, Anxiety, Hallucinations, and Depression. Victims may feel a sense of loss and even resort to suicide. Sexual violence can occur in armed conflicts, where armed forces of states engage in combat. Recent studies have shifted focus to gender perspectives and varied feminist ideas, but often portray men as universal suppressors and aggressors, while women are seen as universal victims.

In 841 cases of POSCO, 4 were against male children. Society fails male victims of sexual assault because they tend to raise their voice when the matter is of bigger attention. One initiative taken by several NGO's was celebrating Blue umbrella day.

Rape is one of the heinous offenses, and there are several laws in force that provide protection to the survivors of this crime. However, all those laws are gender-neutral. The POSCO is the gender-neutral Act, but Sec 375 of IPC only deals with female survivors of Rape. Males can only seek remedy under Sec 377 of IPC, which is modelled on Buggery Act, 1533. There are several laws in force that provide protection to survivors of rape, but not all are gender-neutral.

Myths about sexual violence, such as the belief that boys cannot be sexually abused, that consent is not sought before touching someone inappropriately, and that male survivors will continue to sexually abuse others, need to be fact-checked and research conducted before making assumptions about sexual violence.

End Notes:

1. Men can be victims of sexual assault too, observes Kerala HC, Matrubhumi.com, 28 February 2024, 07:35 PM IST, https://english.mathrubhumi.com/news/kerala/kerala-high-court-on-men-victims-of-sexual-assault-1.9363739.
2. Anonymous, Delhi: Why sexual assault against boys needs equal attention, Apr 16, 2023, 04:42 IST, http://timesofindia.indiatimes.com/articleshow/99523667.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst.
3. John C. Thomas and Jonathan Kopel, Male Victims of Sexual Assault: A Review of the Literature, Behavioral Sciences (Basel, Switzerland), (April 3, 2023), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10135558/.
4. Sue Coyle, Behavioural and Physical Health Effects on Male Sexual Assault Survivors - What Professionals Need to Know, Behavioral And Physical Health Effects On Male Sexual Assault Survivors - What Professionals Need To Know - SOCIAL WORK TODAY, https://www.socialworktoday.com/news/enews_1219_1.shtml.
5. Aneesha Mathur, Bill to make sexual crimes gender neutral introduced in Parliament, India Today, July 13, 2019, 23:44 Ist, https://www.indiatoday.in/india/story/bill-to-make-sexual-crimes-gender-neutral-introduced-in-parliament-1568504-2019-07-13.
6. ccl nluj, The Criminal Law (Amendment) Bill, 2019 and Gender-Neutral Sexual Offences in India, The Criminal law Blog 2020, https://criminallawstudiesnluj.wordpress.com/2020/03/27/the-criminal-law-amendment-bill-2019-and-gender-neutral-sexual-offences-in-india/.
7. Hostel in-charge sexually abuses 10 boys in Sundargarh, Jan 8, 2024, 10:07 IST, Times of India, http://timesofindia.indiatimes.com/articleshow/106622886.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst.
8. Lokesh Pawar, I am a sexual abuse survivor. No, I am not a woman, The print, 18 April, 2021 10:31 am IST, https://theprint.in/opinion/i-am-a-sexual-abuse-survivor-no-i-am-not-a-woman/641099/. (last visited 06,2024).
9. Pyali Chatterjee, Jalandhar male rape: Are men safe in India?, December 24, 2022, 12:39 pm IST, https://thedailyguardian.com/jalandhar-male-rape-are-men-safe-in-india/.
10. Philipp Schulz, Conflict-Related Sexual Violence against Men: A Global Perspective, University of California Press, (2021), https://www.jstor.org/stable/j.ctv1f884s7.8.
11. Anonymous, Myths And Facts - Sexual Abuse & Assault of Boys & Men: Confidential Support for Men, Sexual Abuse & Assault Of Boys & Men | Confidential Support For Men, April 25,2022, https://1in6.org/myths/.
12. Give Compensation to Sexually Abused Male Child Too: Maneka Gandhi, 31 May 2018, 12:19 PM IST, https://www.thequint.com/news/india/maneka-gandhi-wants-male-child-to-be-included-in-the-victim-compensation-scheme.
13. Khagesh Meena, Why have male victims of sexual offences been abandoned by new bills introduced in Parliament?, https://www.newindianexpress.com/web-only/2023/Oct/13/why-have-male-victims-of-sexual-offences-been-abandoned-by-new-bills-introduced-in-parliament-2623284.html. (last visited 06,2024).

Written By:

• Mubaraka Babbar &
• Riya Mittal