Acquaintance Rape and Gender Neutrality: Judicial Reforms and Challenges

Mental health plays a vital role in shaping an individual’s development, especially in the formative years of minors. The intersection between crime and mental health is significantly influenced by the psychological state of the offender, often falling under the ambit of Section 84 of the Indian Penal Code (IPC), which provides immunity to individuals of unsound mind. Mental illness can distort reasoning and behavior, with causes rooted in both genetic and environmental factors. Such conditions demand not just legal evaluation but also therapeutic and rehabilitative approaches. Simultaneously, this paper also addresses the psychological trauma experienced by victims, particularly when violence and abuse are inflicted by someone known or related to them. Acquaintance rape, a subset of sexual violence, involves a perpetrator who is familiar to the victim and is particularly difficult to report due to societal stigma and emotional manipulation. Despite refusal or lack of consent, such acts are clearly criminal. Distinct from stranger rape, acquaintance rape often leads to deeper trauma and underreporting. According to NCRB data, over 31,000 rape cases were reported in 2023 in India, with a growing trend each year. The paper emphasizes the need for victim-sensitive reforms, better reporting mechanisms, and societal awareness to ensure justice and psychological support.