1: Introduction

We live in a 21st century where men and women is treated equally, enjoys equal freedom of speech and expression. As for the upliftment of the women in the society our constitution gives certain privileges to women so that she can cope up with the male dominant society.But, with the passage of time crime gets increases day by day. Assault, rape, murders and many more crimes take place every day. The victim can be anyone it may be women or men. The rating of assault on women is higher than men but we couldn't deny the fact that man also faced the same trauma as the women faced. Every society give strong response to criminal act and legal system which is controlled and run by several organs of the govt are responsible to curb the criminal environment so that the welfare of the nation and peaceful prevail.This paper explains about existing constitutional and legal framework in India to protect and describe the right of sexually assault victim. This paper examined the role of apex court for the protection of teenagers and men and their basic fundamental right remain enforceable against sexual abuse.Sexual assault or abuse can happen to anyone. Anyone can the victim of sexual assault. Ones' person age, gender, identity doesn't matter. Men or boy who have been sexually assaulted or abused may have many of the same feelings and reactions as other women survivors of sexual assault. But society may have different opinions regarding men or boy sexual assault and stereotypes about men and masculinity. {1}

2: Meaning of Assault

An assault is the act of inflicting physical harm or unwanted physical contact upon a person, a threat or attempt to commit an action.So, what is Male Molestation exactly?
According, to an organisation that acts as a helpline for male survivors,Many things qualify as 'unwanted sexual experiences', even if at first a boy or man was grateful for the attention. It could include an experience that a man may not be ready to label as sexual abuse or sexual assault, or even understand how it might have been.There are a lot of myths around male rape and molestation which is why men don't report the abuse. The common myths are that sexual abuse doesn't affect men and questions the masculinity of the person. Also, that women cannot practically rape men is among the top myths associated with male rape. Which is why males often spend years before they even acknowledge a violation has taken place.{2}

3: Universal Reaction to sexual Assault

Emotional Shock: I feel numb. How can I be so calm? Why cant I cry?
Disbelief and/or Denial: Did it really happen? Why me? Maybe I just imagined it. It wasnt really rape.
Embarrassment: What will people think? I cant tell my family or friends.
Shame: I feel completely filthy, like theres something wrong with me. I cant get clean.
Guilt: I feel as if its my fault, or I shouldve been able to stop it. If only I had
Depression: How am I gonna get through the semester? Im so tired! I feel so hopeless. Maybe Id be better off dead
Powerlessness: Will I ever feel in control again?
Disorientation: I dont even know what day it is, or what class Im supposed to be in. I keep forgetting things.
Flashbacks: Im still re-living the assault! I keep seeing that face and feeling like its happening all over again.
Fear: Im scared of everything. What if I have herpes or AIDS? I cant sleep because Ill have nightmares. Im afraid to go out. Im afraid to be alone.
Anxiety: Im having panic attacks. I cant breathe! I cant stop shaking. I feel overwhelmed.
Anger: I feel like killing the person who attacked me!
Physical Stress: My stomach (or head or back) aches all the time. I feel jittery and dont feel like eating.{3}

4: Law Regarding Rape Of Male in Different Countries

In the UK, initially Criminal Justice and Public Order Act, 1994 made changes in laws regarding rape that removed buggery from the statue and add the term non-consensual anal as well as vaginal penile penetration. Through this act, it was for the first time effort was made to recognize the rape of males in the UK legal system. Later Sexual Offences Act, 2003 (England and Wales) redefined it further, to include even non-consensual penetration through the mouth and removed the vague provision of indecent assault. However, the definition of rape still requires penile penetration. Hence, rape laws of the UK are still not gender-neutral as women cannot be penalized for raping men as per the current definition. In Scotland, the Sexual Offences (Scotland) Act, 2009 brought serious changes in their rape laws and redefined it as:The intentional or reckless penetration of the penis (to any extent) into the vagina, anus or mouth of another person, without that person consenting and without any reasonable belief that consent was obtained. In this definition gender-specific term women was replaced by person to include male victims in the ambit of definition. Similarly, in Northern Ireland also rape laws have been changed to recognize the rape of men. The earlier definition of rape includes the term non-consensual intercourse by a man which was later replaced by non-consensual intercourse by a person under Criminal Justice (Northern Ireland) Order, 2003 to provide justice to male victims of rape and make the law gender-neutral. Further Sexual Offences (Northern Ireland) Order, 2008 extended this definition to include oral rape. Just like these Common law countries, Civil law countries like the USA, Canada also attempted to make their rape laws more gender-neutral so that it includes men also. Definition of rape as per (United States Department of Justice, 2012) is:The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.This concept of rape includes all gender of victims and offenders and not limited to women raped by men. Besides that, US legislation now also admits that rape with an object can be as serious and distressing as non-consensual penile penetration. The US was the first country to equated object penetration with penile penetration and considered it rape, unlike other countries where penetration of object is considered different from the penetration of penis and generally provides separate statues for it. In making the rape laws more gender-neutral, Canadian govt. has gone even further. In 1983 Bill C-127 was passed by the Canadian legislature that abolished offence of rape and provided three graded categories of sexual assault. Aligning with US laws, Canadian Law also recognizes penetration through object constitutes rape and penile penetration cannot be the sole ground for the offence of rape. Despite the changes in rape and sexual offences of these countries, there are still some countries like India, Pakistan where rape is continued to be seen as a gendered crime.{4}

5: Conclusion

So, we can say that every child has the right to education. Education is the weapon to eradicate these kind of problem. Educated teenagers have capacity to differentiate between right and wrong consent, good decision-making, refusal skills and the empowerment of bystanders to intervene.Rights and basic laws should also be included in academic work so that teenagers should aware of these assaults and know there rights properly. Parents should be friendly with their children so as to make them comfortable during such circumstances/situation. NGO's and social activist plays an important role in redressal of such issues.

6: Citation

1: harshni slathia, "introduction" available at: https://www.legalserviceindia.com (last visited on December 3,2023)

2: Aayush Akar ," meaning of assault " available at : https://blog.ipleader.com (last visited on December 3,2023)

3: Harshni slathia ," Universal Reaction on sexual Assult " available at : https://www.legalserviceindia.com (last viasited on December 4,2023)

4: Auger law," Law Regarding Rape of Male in different countries" available at : https://www.augerlaw.com (last visited on December 4,2023)