The Nepali laws have incomplete
definitions of rape and sexual assaults. It defines the ‘coerced rape’ not the
‘rape’. The ‘acts’ of rape are essential to establish the gravity of the crime
and determine punishments. However, there are provisions for punishment on intentional
rape, coerced rape, and incest in Muluki Ain—the country code. Mahal 13, 14 and
15 of Muluki Ain deal with intentional rape, forced rape and incest
respectively. The Mahal 13 (1) refers to the intentional rape. It defines
intentional rape: as “touching parts of the body of a person above eleven years
of age with intentional rape”. The penalty for this crime is monetary penalty
of Rupees five hundred; one year imprisonment; or both. The Mahal 14 (1)
defines coerced rape as:
Any sexual act
against an unmarried girl, widow or somebody’s wife—with or without consent in
case of below sixteen years of age and without her consent in case of above
sixteen years of age—by means of coercion, threat, or undue influence.
According to this definition, the
conditions for the completion of the crime are: the consent or no consent of a
woman below sixteen years of age; without consent of a woman above sixteen
years; use of force or violence, threats or undue influence. The Mahal 14 (3)
has laid down the punishment for this crime. The punishment for raping a woman
below fourteen year of age is imprisonment for six to ten years; the punishment
for raping a woman above fourteen years of age is three to five years of
imprisonment.
The Mahal 15 deals with the definition
and punishments of incest. According to it, the sexual relationship with ones
mother, daughter, sister and other close relatives who are relatives within
seven generations. The punishment for sexual relationship with mother is life
imprisonment. The sexual relationship between sisters and daughters is ten
years of imprisonment. The penalty for sexual relationship between other close
relatives is imprisonment for three to six years. Marriage within the incest
relation except under the customary practice is void.
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