Digital Rape is not what it sounds like. It may give the impression that it so somehow related to virtual, electronic medium or the internet. However, digital rape has nothing to do with technology part of the word ‘digital. Here the word ‘digit’ refers to fingers, toes or any object.
Digital Rape is the act of nonconsensual penetration of fingers, toes of any object into the vagina, anus, urethra or mouth of the victim’s body. Major changes were brough into the rape laws of India post Nirbhaya case in 2012. Up until then, only penile-vaginal penetration was considered rape and all other forms of sexual assault fell into the vague case of ‘outraging of modesty’. However, the harrowing incident of 2012 brought light to the fact that penile-vaginal penetration is not the only kind of sexual assualt that can destroy the victim physically as well as psychologically.
Nonconsensual insertion of fingers or objects into the victim’s body parts may or may not result in physical injury but they certainly result in serious trauma and deep psychological scars that the victim has to live with the rest of their lives. This is an assult upon the personal safety and dignity of an individual. Such victims often suffer from serious mental health conditions such as anxiety, depression, PTSD and suicidal ideation.
Digital Rape Cases
Medanta Hospital Case 2025 : A medical technician employed at Medanta Hospital, digitally raped a 45 year old flight attendant who was on ventilator in the hospital’s ICU.
The accused, who had joined the hospital around five months ago ,was arrested by the police after questioning around 50 hospital employees and observing around 800 CCTV cameras. The accused confessed to the crime.
PSCO Judgement 2021 : A Delhi court sentenced a 26 year old man to 25 years of rigirous imprisonment for digitally raping a 2 year old girl. The defence counsel put forward their case stating that the judgement was too harsh for a non-penile penetration, but Additional Sessions Judge Babita Puniya, rejected the defense counsel’s argument stating the following.
“I do not agree. The legislature has not made any distinction between digital penetration and penile penetration. Penetration, as per rape law, can be penile/vaginal, penile/oral, penile/anal, object or finger/vaginal and object or finger/anal penetration.”
The defence counsel asked for leninecy stating that the offense was not pre-meditated and was committed by the accused on the influence of alcohol. However, the judge rejected their plea for leniency stating that no one had forced accused to consume alcohol. The judge also rejected other leniency reasons submitted by the defence counsel such as young age of the accused, first offender status and illiteracy.
Final Thoughts
The amendment of rape laws post 2012 is a giant leap ahead. It has expanded the scope of law to bring justice to rape victims by making it clear that penile-vaginal penetration is not the only form of rape possible. Until now the victims were finding it very difficult to fight for justice due to archaic laws about rape and sexual assault because even horrendous crimes were coming under the ‘outraging of modesty’ clause.
Penile-vaginal penetration is not the only type of sexual assault that causes everlasting physical and psychological trauma to the victim. Such victims have to suffer PTSD, depression, anxiety, helpless and suicidal thoughts for the rest of their lives.
