The Kerala High Court has made a ground-breaking comment by highlighting the gender-neutral nature of sexual assault and stressing that it can impact both men and women. During Wednesday’s hearings, Justice Devan Ramachandran observed that although women make up a sizable majority of victims of sexual assault, it is important to remember that men can also suffer from similar horrific experiences.
The judge said these things in response to a doctor’s petition contesting a Keralan protocol that requires only gynecologists—preferably female ones—to perform medical evaluations on victims of sexual assault. Although the protocol’s primary goal is to offer victims—who are typically women or girls—specialized care, Justice Ramachandran stressed that boys and men can also be victims of sexual assault.
Boys are also victims of sexual assault; girls are not exempt from it. It is conceivable even if it is uncommon. I know that it happens. But usually, we concentrate on women. For whatever reason, women make up the majority of sexual assault victims—ninety-nine percent in general,” said Justice Ramachandran.
The Court’s comment highlights a more general trend in society’s recognition and treatment of sexual assault as a crime that has no bounds related to gender. In legal discourse and public awareness, male victims are increasingly being acknowledged, despite the previous emphasis on female victims.
Judge Ramachandran voiced concerns about the presumption that victims of sexual assault are only women during the hearings. He brought attention to a growing trend in which boys are falling prey to legislation such as the Protection of Children from Sexual Offenses Act (POCSO Act), emphasizing the need for a more comprehensive strategy to combat sexual assault.
Advocates Shyam Padman, CM Andrews, Boby M. Sekhar, Laya Mary Joseph, Nichu Willington, Ashwathi Shyam, Swathy Sudhir, and Ram Mohan represented the petitioner in the case. The petitioner contested the policy because she wanted to make sure that all victims of sexual assault, regardless of gender, received complete support.
Judge Ramachandran addressed the petitioner’s concerns by stating that the procedure does not discriminate on the basis of the victim’s gender and that its goal is to maximize support for victims. The Court’s emphasis on gender parity in the legal system is indicative of a progressive stance on handling delicate subjects like sexual assault.
The declaration of sexual assault as a gender-neutral offense by the Kerala High Court is a major step in the direction of developing a more just and inclusive judicial system. The Court shows its dedication to providing justice and support for all survivors, regardless of gender, by admitting that men and boys may also be victims of sexual abuse.
The ruling also demonstrates how the court system’s perception of sexual assault is changing, eschewing outdated gender stereotypes in favor of a more inclusive and nuanced viewpoint. This change is critical to overcoming the stigma and obstacles that frequently keep male victims from accessing support programs and seeking assistance.
In general, all courts should take note of the Kerala High Court’s position on gender neutrality in sexual assault cases. It emphasizes how crucial it is to acknowledge and take into account the many experiences that survivors have while attempting to create a society that is more compassionate and just.
