POCSO Act is gender-neutral, women can be accused of penetrative sexual assault: Karnataka High Court
The Karnataka High Court ruled that the Protection of Children from Sexual Offences (POCSO) Act, 2012, is gender-neutral, meaning women can also be accused of penetrative sexual assault. The court refused to quash a criminal case against a 52-year-old woman accused of compelling a minor boy for sex. It clarified that Sections 4 and 6 of the POCSO Act define "anyone" who compels a minor to perform sexual acts as an offender. The court also dismissed arguments that a victim in shock could not have sexual arousal and rejected the "archaic" thought that women are only passive participants in intercourse.
Key Points
- The Karnataka High Court affirmed the gender-neutral nature of the POCSO Act, 2012.
- Women can be charged under the POCSO Act for penetrative sexual assault.
- Sections 4 and 6 of the Act refer to "anyone" as an offender, not specifically men.
- The court rejected the argument that a victim in shock cannot experience sexual arousal and dismissed archaic views on gender roles in intercourse.
Exam Facts
- Act: Protection of Children from Sexual Offences (POCSO) Act, 2012.
- Sections cited: Sections 4 and 6 of the POCSO Act.
- Court: Karnataka High Court.
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