Analysis of the Impact of India’s Strengthened Rape Laws under Bharatiya Nyay Sanhita – Madhusree Chakraborty

Analysis of the Impact of India’s Strengthened Rape Laws under Bharatiya Nyay Sanhita  

Abstract

This article provides an in-depth analysis of the legal framework for addressing rape under the Bharatiya Nyay Sanhita, or the Indian Penal Code. The discussion delves into the definition of rape as outlined in Section 375 of the IPC, emphasizing the significance of consent and the grave violation of a person’s bodily autonomy. Furthermore, it examines the provisions for punishment, including imprisonment and fines, highlighting the severity of the crime. The article also explores the special considerations for aggravated circumstances such as rape of minors, gang rape, and resulting fatalities or persistent vegetative states. Additionally, the discussion encompasses the protective measures in place to safeguard the identity and privacy of victims throughout legal proceedings. Overall, this article underscores the importance of the legal system in addressing and combating the scourge of rape, with a focus on justice for victims and prevention of such heinous acts in society.  

1.Introduction:- 

 “Bharatiya Nyaya Sanhita” translates to “Indian Penal Code” in English. It is a substantive criminal law code of India that covers various aspects related to criminal offenses, including the definition and punishment for crimes such as theft, robbery, fraud, and bodily harm, among others. The code was first enacted in 1860 during the British colonial rule and has undergone amendments to reflect contemporary societal norms and legal principles.

As the primary criminal code of India, the Bharatiya Nyaya Sanhita serves as the foundation for defining criminal conduct and prescribing penalties for various offenses. It outlines the legal framework for addressing criminal acts and serves as a guide for law enforcement, the judiciary, and legal professionals in prosecuting and adjudicating criminal cases.

The code also includes provisions related to sexual offenses, including rape, and has been amended over the years to address the evolving understanding of sexual crimes and enhance the legal protection of victims.

It’s Important to note that the Indian Penal Code is a crucial component of India’s legal system, shaping the country’s approach to criminal justice and the preservation of public order. It reflects the values and principles of justice that govern the Indian legal framework, and its interpretation and application have a significant impact on the lives of individuals and the maintenance of law and order in the country. 

2.Historical Background of this law:- 

 The enactment of the Indian Penal Code (IPC), known as “Bharatiya Nyaya Sanhita,” holds immense historical significance in the context of India’s legal and judicial system. Here are some key points highlighting the historical significance of the IPC:

1. Colonial Legacy: The IPC was originally drafted by the Law Commission of India in 1834 under the chairmanship of Lord Thomas Babington Macaulay, a British colonial administrator. It was enacted in 1860 during the British colonial rule in India. The IPC replaced the various regulations and laws that had previously governed criminal offenses in different regions of the Indian subcontinent, bringing about a unified criminal code for the entire country.
2. Uniformity and Consolidation: The IPC played a crucial role in unifying and consolidating criminal laws across India. Before its enactment, different regions and communities followed their own customary laws and regulations related to criminal offenses. The IPC provided a comprehensive set of laws applicable throughout the country, promoting uniformity and consistency in the administration of criminal justice.
3. Adaptation and Evolution: Over the years, the IPC has been subject to amendments and modifications to keep pace with societal changes, legal developments, and judicial interpretations. The code has been adapted to reflect contemporary values, address emerging forms of criminal conduct, and strengthen legal protections for individuals.
4. Legal Heritage: The IPC forms an integral part of India’s legal heritage and continues to shape the country’s criminal justice system. It embodies principles of justice, fairness, and the rule of law that are foundational to India’s legal framework.
5. Influence on Other Legal Systems: The IPC’s drafting process and content have influenced the development of criminal laws in other jurisdictions, both within the Indian subcontinent and beyond. Its provisions and structure have served as a model for the formulation of criminal codes in other countries with historical ties to the British legal system.
6. Protection of Rights: By delineating criminal offenses and prescribing penalties for them, the IPC plays a crucial role in upholding the rights of individuals and maintaining public order. It defines the scope of criminal conduct, establishes legal standards for accountability, and outlines the procedures for investigating and prosecuting crimes.

In summary, the enactment of the Indian Penal Code is historically significant for its role in providing a unified legal framework for criminal offenses shaping India’s legal system, and upholding principles of justice and the rule of law.  

4.Understanding Rape laws under Bharatiya Nyay Sanhita :-

 Under the Indian Penal Code (IPC), also known as “Bharatiya Nyay Sanhita,” the provisions related to rape are outlined in Section 375 and Section 376. These sections define the offense of rape and prescribe punishment for the same. As of my last knowledge update in December 2023, here is an overview of the rape laws under the IPC:

1. Definition of Rape (Section 375): Section 375 of the IPC provides the definition of rape. It states that a man is said to have committed rape if he engages in sexual intercourse with a woman under certain circumstances, including without her consent or with her consent obtained under duress, fraud, or when she is unable to communicate her refusal or consent.
2. Punishment for Rape (Section 376): Section 376 of the IPC outlines the punishment for rape. It specifies that whoever commits the offense of rape shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to life imprisonment. In certain aggravated circumstances, such as when the victim is a minor, the punishment may include life imprisonment or even the death penalty.
3. Amendments and Legal Provisions: Over the years, the rape laws under the IPC have been amended to address concerns related to sexual violence and provide greater protection to victims. These amendments have expanded the definition of rape, introduced stringent punishments for offenders, and made provisions for the establishment of fast-track courts to expedite the trial of rape cases.
4. Related Offenses: In addition to the provisions specifically addressing rape, the IPC also includes sections related to other forms of sexual offenses and violence against women, such as sexual harassment (Section 354), assault or criminal force to woman with intent to outrage her modesty (Section 354A), and kidnapping or abduction of a woman to compel her for marriage (Section 366).

It’s Important to note that the IPC’s provisions related to rape are supplemented by other statutes and legal frameworks, such as the Criminal Law (Amendment) Act, 2013, which introduced significant changes to the laws pertaining to sexual offenses in response to national and international concerns regarding the safety and security of women and girls.

5.How is rape specifically defined in Section 375?

Section 375 of the Indian Penal Code (IPC) specifically defines the offense of rape. It outlines various circumstances under which a man can be charged with the crime of rape. Below is a general overview of the definition of rape as outlined in Section 375 of the IPC:

1. Involvement of a Man: The section specifies that “a man is said to commit ‘rape’” under certain circumstances. This reflects the traditional legal language used in the IPC, where the perpetrator of the offense is described as a man.
2. Sexual Intercourse: Section 375 defines rape as “sexual intercourse” or any form of penetration of a sexual nature. This includes not only penile-vaginal penetration but any form of non-consensual sexual penetration, such as oral or anal penetration by the male accused.
3. Circumstances Constituting Rape: The section outlines several circumstances under which sexual intercourse or sexual acts with a woman will be considered as rape. These circumstances include situations where:

   a. The act is without the woman’s consent.

   b. The consent is obtained under duress, coercion, fraud, or misrepresentation.

   c. The woman is unable to communicate her consent or refusal.

4. Incapacity to Consent: Section 375 also addresses situations where the woman is unable to communicate her consent due to reasons such as unsoundness of mind, intoxication, the presence of a misconception about the identity of the accused, or if she is in fear of death or hurt.

It’s Important to note that the definition is extensive and aims to cover a range of circumstances where sexual acts are non-consensual or where the woman is unable to offer or withhold consent in a meaningful way. 

6.What are the different circumstances outlined in Section 375?

 Section 375 of the Indian Penal Code defines the offense of rape and outlines various circumstances under which sexual intercourse or sexual acts with a woman will be considered as rape. The section addresses the following circumstances:

1. Without Consent: Rape occurs if sexual intercourse is conducted without the woman’s consent. Lack of consent is a fundamental aspect of the crime of rape, and any sexual act without the explicit and voluntary consent of the woman is considered as rape under this provision.
2. Consent Obtained Through Coercion, Duress, Fraud, or Misrepresentation: Section 375 considers sexual acts as rape if the consent of the woman is obtained through coercion, duress, deceit, fraud, or misrepresentation. This recognizes that consent, when obtained through forceful or deceptive means, does not constitute genuine consent and renders the sexual act non-consensual.
3. Incapacity to Communicate Consent or Refusal: Rape is deemed to have occurred if the woman is unable to communicate her consent or refusal to engage in sexual intercourse due to reasons such as physical incapacity, mental incapacity, or being in a state of fear.
4. Lack of Capacity to Consent due to Unsoundness of Mind: The section addresses situations where the woman is unable to provide valid consent due to unsoundness of mind, mental illness, or any other condition that impairs her capacity to understand the nature and consequences of the sexual act.
5. Incapacity to Consent due to Intoxication or Unconsciousness: If the woman is incapacitated due to intoxication, stupefaction, or if she is in a state of unconsciousness, any sexual act conducted under these circumstances would constitute rape as specified in Section 375.

These circumstances are outlined to clarify that consent is the cornerstone of any sexual interaction, and the absence of genuine consent or the inability to provide consent due to specific conditions renders the sexual act as rape under the Indian Penal Code.  

●Reforms Under Bharatiya Nyay Sanhita 2023:- 

The Bharatiya Nyaya Sanhita (BNS), 2023 brought about significant changes to the rape laws in India. The key modifications introduced by this legislation are as follows:

1. Age of Consent: One of the major changes is the increase in the age of consent for sexual activity.  (Clause 63 BNS and section 375 IPC) The age of consent has been raised to 18 years, up from 16 years as stipulated in the previous law. This adjustment aims to provide better protection for minors and prevent exploitation.
2. Marital Rape: The BNS under section 63 has taken a progressive step by criminalizing marital rape. The law now recognizes that a spouse’s consent cannot be assumed and that any form of non-consensual sexual activity within a marriage is a serious offense. This provision acknowledges the importance of bodily autonomy and consent within marital relationships.
3. Gender-Neutral Language: Under section 6 another significant aspect of the reforms is the use of gender-neutral language in the law. By employing inclusive terminology, the legislation ensures that all victims of rape, regardless of their gender identity, are protected under the same legal framework. This move promotes equality and addresses the diverse experiences of survivors.
4. Stricter Penalties: The BNS has also introduced harsher punishments for perpetrators of rape. The law specifies minimum sentences that vary based on factors such as the age of the victim and the severity of the crime. These stricter penalties aim to deter potential offenders and ensure that justice is served for survivors of sexual violence.
5. Victim Support: In addition to punitive measures, the BNS places a strong emphasis on providing support to survivors of rape. The legislation highlights the importance of victim support services, including access to medical care, counseling, and legal aid. By prioritizing the well-being of survivors, the law seeks to empower them and facilitate their recovery process.

These reforms represent a significant step towards creating a more just and comprehensive legal framework for addressing rape in India. By raising the age of consent, criminalizing marital rape, using gender-neutral language, imposing stricter penalties, and focusing on victim support, the BNS aims to enhance the protection of individuals vulnerable to sexual violence and promote a culture of accountability and justice.

In conclusion, the Bharatiya Nyaya Sanhita (BNS), 2023 marks a milestone in the ongoing efforts to combat rape and sexual assault in India. These reforms signal a commitment to upholding the rights of survivors, holding perpetrators accountable, and fostering a society that values consent, equality, and justice for all.

●Different forms of Rape Under Bharatiya Nyay Sanhita:-

 Under the Indian Penal Code (IPC), there are different types of rape recognized, each with its own set of provisions and punishments. Here are some of the types of rape along with their respective sections under the IPC

1. Penetrative Sexual Assault: As per Section 3 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, involves penetration of any orifice of a child with a penis or any other object.

Punishment: The punishment for penetrative sexual assault of a child under the POCSO Act can include imprisonment not less than 10 years which may extend to life imprisonment or even death penalty.

2. Rape: Under Section 375 of the IPC, rape is defined as a man committing sexual intercourse with a woman against her will or without her consent.

Punishment: The punishment for rape under Section 376 of the IPC includes imprisonment of at least 10 years, which may extend to life imprisonment, and also includes a fine.

3. Gang Rape: When rape is committed by two or more persons in furtherance of a common intention, it is categorized as gang rape and punished under Section 376D of the IPC.

Punishment: Gang rape is punishable with imprisonment for life which shall mean imprisonment for the remainder of the convict’s natural life, and also with a fine.

4. Marital Rape: In India, the concept of marital rape is not specifically defined under the IPC. However, the criminalization of marital rape is a contentious issue and is subject to ongoing debate.
5. Custodial Rape: When a person in a position of authority or control such as a police officer, public servant, etc., commits rape, it is termed as custodial rape.

Punishment: Custodial rape is punishable under Section 376C of the IPC with imprisonment between 10 years and life, which may also include a fine.

It Is crucial to note that the legal provisions related to sexual offenses are subject to amendments and changes, and it is advisable to consult the most recent statutes and legal resources for accurate information.  

7.Does Article 375 only apply to men? 

  Section 375 of the Indian Penal Code (IPC) uses gender-specific language and defines rape as an offense committed by a man. The language of the law traditionally reflects a male-centric interpretation, which portrays the perpetrator of the offense as a man and the victim as a woman. This gender-specific framing has been a subject of debate and critique.

It’s important to note that this gender-specific language in Section 375 has been the subject of discussions and calls for reform to make the legal framework more inclusive and reflective of the diverse realities of sexual violence. There have been advocacy efforts to broaden the scope of the law to recognize that individuals of all genders can be victims of rape and sexual assault and that perpetrators can also be of any gender.

In recent years, there have been discussions and proposals to amend and expand the definition of rape under the Indian Penal Code to make it gender-neutral, encompassing a broader range of circumstances and a more inclusive understanding of sexual violence. However, as of my last knowledge update, the specific language of Section 375 pertains to offenses committed by a man against a woman.

It’s Important to consult the most recent legal resources or seek professional legal advice for updates on any amendments or changes to the language and scope of Section 375 of the IPC, particularly regarding the applicability of the law to individuals of all genders. 

8.What are the implications of this gender-specific language?

The gender-specific language used in Section 375 of the Indian Penal Code (IPC), which portrays the perpetrator of the offense as a man and the victim as a woman, has several implications and consequences. Here are some of the key implications of this gender-specific language:

1. Exclusion of Male Victims: The gender-specific language may result in the exclusion of male victims of rape and sexual assault from the legal framework’s explicit protections. It may contribute to a lack of recognition and support for male survivors of sexual violence, potentially leading to underreporting and a lack of access to justice and resources.
2. Exclusion of Non-Binary and Gender Diverse Individuals: The language may fail to recognize and protect individuals who do not conform to traditional binary gender identities. Non-binary, genderqueer, and gender non-conforming individuals could face challenges in accessing legal protections and support in cases of sexual violence due to the gender-specific language.
3. Inadequate Legal Protections for Female Perpetrators: The gender-specific language may limit the legal recognition and accountability for female perpetrators of rape and sexual offenses. This may lead to gaps in addressing cases where the offender is a woman, impacting the ability to bring such cases to justice and provide support for survivors.
4. Impact on LGBTQ+ Communities: The language may affect the LGBTQ+ community, particularly in cases involving same-sex sexual violence. It may lead to challenges in acknowledging and addressing cases where both the perpetrator and the victim belong to the same gender.
5. Reinforcement of Stereotypes: The gender-specific language perpetuates stereotypical notions of sexual violence, reinforcing the idea that only women can be victims and only men can be perpetrators. This may contribute to societal attitudes that downplay or dismiss the experiences of male and gender-diverse survivors while also creating barriers to recognizing female perpetrators.

In light of these implications, there have been discussions and calls for reform to make the legal framework more inclusive, gender-neutral, and reflective of the diverse experiences of sexual violence. Efforts to amend the language of Section 375 and broaden the scope of the law are aimed at recognizing survivors of all genders, providing them with adequate legal protections, and holding all perpetrators accountable, regardless of their gender.

It’s important to note that ongoing advocacy, legal reforms, and evolving societal perspectives aim to address the implications of gender-specific language in Section 375 and work towards a more equitable and inclusive legal framework for addressing sexual violence in all its forms.  

9.How does the gender-specific language impact male victims?

The gender-specific language in Section 375 of the Indian Penal Code (IPC), where the perpetrator of the offense is defined as a man and the victim as a woman, can have significant impacts on male victims of rape and sexual assault. Some of the key impacts of the gender-specific language on male victims are as follows:

1. Underreporting and Stigma: The gender-specific language can contribute to a social stigma that may discourage male victims from reporting incidents of rape and sexual assault. This stigma can be fueled by traditional gender stereotypes and societal attitudes that may downplay or dismiss the experiences of male survivors, leading to underreporting and a lack of acknowledgment of their experiences.
2. Legal Recognition and Protections: The gender-specific language may result in legal challenges for male victims seeking recognition and legal protections. The language may not explicitly encompass or address the experiences of male survivors, potentially affecting their ability to access legal remedies and obtain justice under the existing legal framework.
3. Access to Support Services: Male victims may face obstacles in accessing support services and resources tailored specifically to their needs. Support services and counseling programs designed for survivors of rape and sexual assault may be primarily geared towards addressing the needs of female survivors, potentially creating barriers for male victims seeking assistance.
4. Judicial Interpretation and Bias: The language can influence judicial interpretation and the handling of cases involving male victims. It may lead to biases, misconceptions, or lack of awareness among legal professionals and law enforcement personnel about the experiences and needs of male survivors, potentially impacting the fair and equitable treatment of these cases within the legal system.
5. Societal Perceptions and Attitudes: The gender-specific language can contribute to societal attitudes and perceptions that may diminish the severity or validity of male victimization, creating a cultural environment where the experiences of male survivors are not given the attention, support, and validation they deserve.

Addressing the impacts of gender-specific language on male victims involves efforts to raise awareness, combat stigma, ensure legal recognition and protections for male survivors, and enhance support services tailored to their specific needs. Additionally, there is a need for legal reform and advocacy to promote gender-neutral language and inclusive legal frameworks that recognize the experiences of all survivors of rape and sexual assault, irrespective of their gender.

It Is essential to work towards creating an environment where all survivors, including male victims, feel empowered to seek support, report crimes, and access justice without facing stigma or discrimination based on the gender-specific language of the law.  

10.How has gender-specific framing been critized?

Gender-specific framing, particularly in the context of laws related to sexual violence, has been criticized for various reasons. Here are some common criticisms of gender-specific framing:

1. Exclusivity: Gender-specific framing, such as portraying perpetrators as men and victims as women, is criticized for its exclusivity. It fails to acknowledge that individuals of any gender can be victims or perpetrators of sexual violence. This narrow framing excludes non-binary, genderqueer, and transgender individuals from legal protections and perpetuates a limited understanding of sexual violence.
2. Reinforcement of Gender Stereotypes: Gender-specific framing tends to reinforce traditional gender stereotypes by assuming that men are solely capable of being aggressors and women are solely victims. This perpetuates harmful gender norms and ignores the diversity of experiences within different gender identities.
3. Underreporting: The gender-specific framing of laws can contribute to underreporting of sexual violence, especially among male victims. Survivors who do not fit the traditional gendered narrative may be hesitant to come forward, fearing disbelief or lack of support due to societal and legal biases.
4. Barriers to Legal Recourse: Gender-specific language can create barriers for individuals whose experiences do not align with the prescribed male perpetrator/female victim narrative. This can result in a lack of legal recognition, inadequate support services, and challenges in seeking justice for survivors whose experiences do not fit within the traditional framing.
5. Invisibility of LGBTQ+ Experiences: Gender-specific framing often overlooks the experiences of LGBTQ+ individuals who may experience sexual violence within same-sex relationships. This can lead to a lack of legal protections and support for survivors within the LGBTQ+ community.
6. Impact on Perpetrator Accountability: By narrowly defining perpetrators as male, gender-specific framing may overlook cases where the perpetrator is female, hindering accountability for individuals of all genders who commit sexual offenses.
7. Need for Inclusivity and Intersectionality: Critics argue that gender-specific framing fails to address intersecting identities and power dynamics that contribute to experiences of sexual violence. An inclusive and intersectional approach is needed to recognize the complexities of sexual violence and its impact on diverse communities.
8. Call for Legal Reform: Criticisms of gender-specific framing have fueled calls for legal reform to adopt gender-neutral language and broaden the scope of laws to encompass a wider range of experiences and identities affected by sexual violence.

Overall, the criticisms of gender-specific framing highlight the need for more inclusive, nuanced, and responsive approaches to addressing sexual violence that recognize the diverse experiences of survivors and perpetrators across different gender identities and intersecting factors. Efforts to challenge these limitations and promote a more inclusive understanding of sexual violence are essential for creating a legal and societal framework that supports all individuals affected by these crimes.  

11.What are other criticisms of gender-specific framing?

 In addition to the criticisms mentioned earlier, there are several other notable criticisms of gender-specific framing, particularly in the context of laws, policies, and societal attitudes regarding sexual violence. Some additional criticisms of gender-specific framing include:

1. Binary Approach: Gender-specific framing often reinforces a binary understanding of gender, which fails to acknowledge and address the experiences of individuals who do not conform to traditional male-female categories. This binary approach excludes non-binary, genderqueer, and gender non-conforming individuals, reinforcing a limited and outdated perspective on gender.
2. Binary Assumptions about Perpetrators and Victims: Gender-specific framing tends to assume that all perpetrators are male and all victims are female, overlooking the nuances and complexities of real-life experiences. This binary assumption can be reductive, ignoring cases where individuals of any gender can be both victims and perpetrators of sexual violence.
3. Impact on Male Survivors: Gender-specific framing can stigmatize male survivors of sexual violence by perpetuating the stereotype that men cannot be victims. This can lead to male survivors facing disbelief, shame, and barriers to seeking support and justice due to societal expectations and misconceptions surrounding masculinity and victimization.
4. Inadequate Legal Protections: Gender-specific framing may result in legal protections and resources being primarily focused on female victims, potentially leaving male and gender-diverse survivors without adequate support. This can create disparities in access to services, justice, and recognition for survivors of different genders.
5. Normalization of Violence: By portraying sexual violence in gender-specific terms, there is a risk of normalizing or excusing certain forms of violence based on the gender of the victim. This can perpetuate harmful attitudes and beliefs about who is deserving of empathy, support, and justice in cases of sexual violence.
6. Intersectional Experiences: Gender-specific framing often overlooks the intersectional nature of sexual violence, including how factors such as race, ethnicity, class, sexuality, and disability intersect with gender. Failing to consider these intersecting identities can lead to gaps in understanding and addressing the complexities of sexual violence.
7. Erosion of Agency: Gender-specific framing can also contribute to the erosion of agency and autonomy for individuals of all genders by pigeonholing them into predefined roles of victim or perpetrator based on gendered assumptions. This can limit the recognition of individual experiences and diverse responses to sexual violence.

Addressing these additional criticisms requires a shift towards more inclusive, intersectional, and nuanced approaches to understanding and responding to sexual violence. By challenging binary assumptions, advocating for gender-neutral and inclusive frameworks, and centering survivor agency and diverse experiences, we can work towards creating a more equitable and supportive societal response to sexual violence that recognizes and validates the experiences of all individuals. 

12.how to contribute to stop these stereotypes

  Addressing the criticisms of gender-specific framing and working towards a more inclusive, equitable, and comprehensive approach to addressing sexual violence requires collective effort and systemic change. Here are ways to help stop these criticisms:

1. Advocacy for Legal Reforms: Advocate for legal reforms that promote gender-neutral language in laws related to sexual violence. Support initiatives aimed at broadening legal protections to encompass individuals of all gender identities and experiences. Engage with policymakers, legislators, and advocacy groups to push for inclusive legal frameworks.
2. Education and Awareness: Raise awareness about the limitations of gender-specific framing in discussions about sexual violence. Educate others about the diverse experiences of survivors and the impacts of stereotypes and biases on individuals of all genders. Promote understanding of intersectionality and the need for inclusive approaches to addressing sexual violence.
3. Support Survivor-Centred Approaches: Encourage survivor-centred practices that prioritize the agency, autonomy, and diverse needs of survivors of sexual violence. Support initiatives that empower survivors, validate their experiences, and provide inclusive and responsive support services.
4. Promote Intersectional Perspectives: Advocate for intersectional perspectives that recognize the complex intersections of gender, race, ethnicity, sexuality, disability, and other identities in understanding and addressing sexual violence. Elevate the voices of marginalized and underrepresented communities to ensure their experiences are heard and valued.
5. Challenge Stereotypes and Misconceptions: Challenge stereotypes and misconceptions surrounding gender and sexual violence through education, media literacy, and dialogue. Foster environments that encourage critical thinking, empathy, and understanding of diverse experiences.
6. Collaborate and Build Partnerships: Work collaboratively with organizations, advocates, and community members to address the criticisms of gender-specific framing. Build partnerships that amplify diverse voices, promote collective action, and create synergies for advancing inclusive approaches to addressing sexual violence.
7. Support Research and Data Collection: Advocate for research initiatives and data collection methods that capture the experiences of individuals of all gender identities affected by sexual violence. Support studies that explore the complexities of gender-based violence and its intersections with other forms of oppression.
8. Promote Inclusive Policies and Practices: Encourage the development of inclusive policies, programs, and practices that recognize and respond to the needs of individuals of all genders affected by sexual violence. Advocate for inclusive strategies in healthcare, education, law enforcement, and social services.

By actively engaging in these actions and promoting a more inclusive and holistic approach to addressing sexual violence, we can work towards challenging the criticisms of gender-specific framing and fostering a more supportive, equitable, and empowering response to sexual violence for all individuals, irrespective of their gender identity. Each contribution towards creating a more inclusive and responsive system is a step towards promoting justice, empowerment, and healing for survivors of sexual violence.