EVOLUTION OF THE LAW THROUGHOUT TIME IN REGARD TO SEXUAL OFFENSES AGAINST WOMEN

Abstract

The act of sexual offense dates back to the beginning of human civilization. The earliest known sexual offence include murder, abduction, and rape, particularly among nomadic societies. Civil laws as we know them now developed much later. In ancient times, it was common for victors to sexually assault women from the defeated group during wars between nations. The abuse of women from the defeated group was a common practice by the triumphant army soldiers. The evolution of women’s movements in British period can be categorized into four distinct periods. The initial period, spanning from 1840 to 1870, saw women’s organizations addressing various concerns. The second phase, from 1871 to 1905, was characterized by suffrage groups focusing on obtaining voting rights, employing aggressive tactics that eventually led to women over 30 gaining the right to vote in 1918. The following period, from 1919 to 1930, was marked by further expansion of voting rights to all women over 21. In the Indian subcontinent, the status of women has undergone diverse changes based on cultural, familial, social class, caste, property rights, moral and ethical influences. Though everyone in society views sexual offences with the utmost hate, it is also true that since the dawn of human civilization, one of the most fascinating areas of jurisprudence has been the study and investigation of criminal law. As old as civilization itself, in actuality, is the law of crimes. In all societies where individuals have grouped together to form associations or groups, there has been a perceived need for rules to govern the behavior of those individuals within those groups. In societies where rules exist, breaking them is inevitable, so strategies to stop these social tendencies that result in breaking rules must be developed. In each societal structure, there are some behaviors that are prohibited under penalty of law. If an individual causes harm to another and the harm is sufficiently compensable with money, the offender must recompense the victim with damages. However, in some instances, in addition to the need to provide compensation, the State imposes additional sanctions on the wrongdoer with the goal of preserving social harmony and encouraging good conduct toward one another and the community as a whole. The issue lies in deciding which actions society should prohibit or choose for punishment within the community or State. In simpler terms, it involves determining what behaviors should be deemed criminal. As Terence Morris puts it, “Crime is defined by society as a breach of the law. Without laws, there cannot be any crimes, even though there may be moral outrage leading to the creation of laws.”