Karnataka High Court: Women Can Be Accused of Sexual Assault on Minors

Quick Summary

• Incident: The Karnataka High Court ruled that a woman can be charged under the gender-neutral POCSO Act for penetrative sexual assault against a minor.
• Accused and Victim: A 52-year-old woman allegedly sexually assaulted her 13-year-old neighbor in 2020 over two incidents.
• Details of Abuse: The boy was sent to assist the accused with Instagram posts by his mother. He disclosed the acts in therapy four years later, leading to a police complaint in June 2024.
• Court ruling: The court rejected claims that sexual assault or rape cannot apply against women under POCSO, affirming inclusivity in legal interpretation of pronouns “he” and derivatives as applicable to both genders.
• Psychological Arguments Dismissed: Arguments about erection during shock were dismissed by citing physiological independence from psychological states.
• Delay Not an Obstacle: Despite a four-year reporting delay, the court stated this dose not undermine the case due to the victim’s age and alleged circumstances.

Indian Opinion Analysis

The Karnataka High Court’s interpretation reinforces the gender-neutral framework of India’s POCSO Act, which seeks to protect all minors irrespective of who commits an offence against them-male or female perpetrators alike. This ruling is legally significant as it challenges stereotypes around passive versus active roles in sexual activities and dismisses archaic ideas that would obscure justice.

By refusing to let psychological arguments or procedural delays dilute accountability, this judgment signals a strict adherence to child protection principles enshrined within Indian law-a critical stance necessary for addressing delayed disclosures common among victims dealing with trauma.The case also raises questions on improving societal awareness about minors’ vulnerabilities and highlights therapeutic spaces as effective channels for delayed admissions of abuse events-a factor law enforcement may need greater sensitivity toward moving forward.Read More: source