Sexual abuse can be done by any person, but family sexual abuse is the worst form of sexual abuse in which the member of the family abuses the child or a woman. It is worse, as the trust of the victim over the family member has been broken here. The person should feel safe in his own home, but when a person is sexually abused in his own family then the concern of safety becomes much more dangerous.

Types of Family sexual abuse:

  • Sexual assault: It includes any statement or action involving a sexual nature done without the consent of the victim.
  • Rape: Insertion of a body organ or any object into the sex organ of a woman without her consent.
  • Sodomy: Insertion of a body organ or any object into the anus or mouth of a woman without her consent.
  • Incest: Sexual abuse done by the family member

Reasons for Family Sexual Abuse:

  • Marriage: In India, marriage is a highly valued institution in which the wife plays a passive role while the husband plays an active and dominant role. This leads to the perspective that men have a right to sex with or without the consent of their wives. Studies show that 14.1% of Indian women agree that a husband is justified in beating his wife if she refuses for sexual intercourse. This perspective has led to many cases of marital rape.
  • Education and employment: Gender inequality in education and employment has contributed in sexual abuse. The uneducated and unemployed women has less control over their life making them more dependable upon their husband. This giving of control of their lives in husband's hand has contributed in increased number of sexual abuse cases.
  • Poverty: In India, an estimated 276 million Indians live in poverty. Women living in poverty is more likely to experience sexual abuse. The financial instability contributes to their sexual abuse as the men with authority over them which might include landlords, police officers, and employers, exploit the women using their position.

Laws governing sexual abuse:

  • POCSO: It deals with the sexual offenses against children. It was passed in 2012. It provides for stringent punishments and speedy disposal of cases along with victim support methods.
  • The Protection of Women from Domestic Violence Act, 2005: It defines the various types of domestic violence, that occur in a family. It provides for civil remedies to protect women from domestic violence.
  • Bharatiya Nyay Sanhita: It has made a separate chapter on offenses against children and women. It has punishment for rape, gang rape, sexual intercourse by employing deceitful means, etc.

Legal Strategies to escape family sexual abuse

  • If a woman, man, or child faces any kind of family sexual abuse, he should file a complaint or an FIR under any of the above acts. He/ she can take the help of the police. After filing the FIR, she can demand police protection to escape further family sexual abuse.
  • The victim can even take the help of any watchdog group. These are the groups of people who work towards the betterment of society. These groups reduce sexual abuse and help the person escape the sexual abuse. In UP, there is a group called as Red Brigade which is comprised of all the females whose work is to reduce the cases of any form of sexual abuse. If any member on patrol notices a boy teasing or troubling a girl, they will intervene and ask the boy why he is behaving that way. After this, Red Brigade members complained to the boys' parents and even filed a complaint with the police.
  • Gender Equality Education: Gender equality education is basically implemented in schools which aim to change the attitudes towards gender by educating not only the children but also the parents, teachers, and the community as a whole. Gender equality-based curriculum should also be included in schools and institutions.

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