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RAPE: Are We Not Going to Change With the Changing World?


"The National Assembly (NA), the highest legislative body in the country, didn’t feel it necessary to amend the provisions of the penal code related to consensual sex.  But law practitioners and those implementing it feel otherwise." reads the kuensel issue dated Nov 21 2014 states. if its the case, it can be deemed that our politicians  are over ruling the decesion and need of those who implement the laws and acts. 

As per the Penal Code of Bhutan 2004, part two, chapter 14,  it defines RAPE as;

... if the defendant has sexual intercourse with another person:

  1.  Without the person’s consent or with consent, when consent is obtained by putting the person or a third person in fear of death or of grievous hurt;
  2. Compels the other person to submit to sexual intercourse by force, or by threat of imminent death, bodily injury or serious bodily injury or the commission of a felony to that person or a third person;
  3.  Substantially impairs the other persons ability to appraise or control the conduct by administering drugs, intoxicants, or other substances without consent for the purpose of preventing the person’s resistance to the sexual intercourse, or Renders the other person unconscious for the purpose of committing sexual intercourse.
which means consensual acts of sexual intercourse is not considered to be rape which sent many of the lover behind the bars. The offence of rape is  felony of the fourth degree and the the person is liable to be sent to prison term minimum of 3yrs and maximum of 5 yrs.
However problem arises with the section 183 which states that 'A defendant shall be guilty of the offence of rape of a child above the age of twelve years, if the defendant has sexual intercourse with a child between the age of twelve to eighteen years and Grading of Rape of a child above twelve years of age. The offence of rape of a child above the age of twelve years  is a felony of the third degree. The person is liable to serve a prison term of  five to nine years. 

Biologically, onset of menstrual cycle determines the puberty age of girls.PUBERTY is the process of physical changes by which a child's body matures into an adult body capable of sexual reproduction. On average, girls begin puberty at ages 10–11; boys at ages 11–12. Girls usually complete puberty by ages 15–17. Moreover, studies show that girls are entering the age of puberty at younger ages than a decade ago.


Am not stressing on the issues related to rape, nor am i planning to attempt a rape but i strongly believe that there needs to have an adaptive management and understanding regarding the age of sexual consensus. 18 yrs is not a valid age and i guess this was on the traditional believe that child becomes mature after attaining the age of 18. As the world changes we need to look at the scientific data and proves rather than focusing on the traditional and customary believes. 

MY QUESTION;
  • Can we efford to send some more innocent citizens behind the bar for having a consensual sex with a women aged 16 or 17?  sex is a biological need for all the living beings, but if sex with women of age below 18 and above 12 are considered to be rape, does it mean that state government can control the onset of puberty in women?


Solution;
i suppose i may not give a right solution but we must look back at the mistakes and look into the future. 

  1.  change the age of sexual consensus.
  2. add a provision in the acts stating that if both the parties involved agrees the act to be consensus, no further information should be dug out by police, exploiting the personal life of the individuals.
  3.  i see dire need of amendment of the provisions of Penal Code of Bhutan since it has been decades after it has been passed.



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