JUDGEMENT
SRIKANTA MISHRA -
(1.) The difficulty of defining sex -offences in a scientifically meaningful manner reflects a more general problem of criminology. Sexual
deviations when handled as sex -offences are usually covered by law in
sections of the criminal Code entitled Sodomy, Incest, Forcible rape,
Carnal abuse and so on. Prostitution and adultery, although sex -offences,
are not abnormal sex -offences. The legal definitions are not very
accurate descriptions of abnormal sex -offences.
(2.) AGGRESSION and sexuality are fundamental needs of all species where survival depends upon competitive sexual reproduction. The
aggressive and sexual expressions of an individual vary in relation to a
multitude of factors. Some of the most salient features of which are
genetic make up, hormonal and environmental influences at critical
periods of development and like experiences in toxication and external
events. The causal relations between any of these and the overt behaviour
that might be classed as a sex offence under one or another definition
are highly complex and only partially understood. Some segments of this
multivariate nexus have, however, been subjected to a sufficiently wide
variety of observations to allow for broad generalisation.
The traditional general requirements of a legally and socially valid sexual relationship are (i) The element of consent must be present,
violation of this requirement results in the offence of rape, (ii) The
two parties to the activity must be human beings of the opposite sex,
(iii) The nature of the sexual act must be legitimate, (iv) The act must
be in a private setting and (v) The two must be named to each other and
should not be related to each other.
(A) Problem: Problem of sex crime is not new and has been a matter of great concern to the people. With the growth of civilization, several sociolegal problems have arisen, of which sex -crime * M.A., I.L.M., D.LL P.M., Lecturer in Law, Lajpat Rai Law College, Sambalpur, Orissa -768001. is one. Thus report about adultery, rape and other sex offences are hitting the headlines of the newspapers every day. Sex -offences committed by women against very young children remain masked, whereas they are highly visible if performed by men.
(3.) THE present century has seen marked changes in public morality; descriptive, analytic and quantitative studies of offences and offencers;
two waves of public attention to sex -offences (the first culminating in
sexpsychopath legislation, the second in rape law reform and improved
victim services); and promising advances in treatment of certain
offenders.;
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