Rape/Attempt to Rape Case

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Rape and Attempted Rape Cases in Nepal

Introduction

Sexual violence is a grave offense that affects victims physically, emotionally, and psychologically. At Miracles Law Group, we are committed to seeking justice for survivors of rape and attempted rape. Our experienced legal team understands the sensitivity of these cases and provides compassionate support throughout the legal process.

Elements of Rape and Attempted Rape

  1. Absence of Consent:

    • Rape occurs when sexual intercourse happens without the consent of either male or female.
    • Attempted rape involves an unsuccessful attempt to commit the same offense.
  2. Use of Force, Threat, or Coercion:

    • Rape can involve physical force, threats, or psychological coercion.
    • Even an unsuccessful attempt with intent to rape falls under the legal framework.
  3. Sexual Penetration:

    • Modern laws consider any form of penetration (even mild) as rape.
    • Discharge of ejaculation is not necessary for an act to be classified as rape.

Legal Provisions in Nepal

  • TheΒ Muluki Criminal Code 2074Β guides rape laws in Nepal.
  • According to this code:
    • Sexual intercourse without consent is deemed rape.
    • Rape with a minor (below eighteen years) is punishable.
    • Penalties vary based on the age of the victim:
      • Minor below ten years: 16 to 20 years imprisonment.
      • Minor above ten but below fourteen years: 14 to 16 years imprisonment.
      • Minor above fourteen but below sixteen years: 12 to 14 years imprisonment.
      • Woman above sixteen but below eighteen years: 10 to 12 years imprisonment.
      • Woman above eighteen years: 7 to 10 years imprisonment.
  • Additional penalties apply for rape with HIV infection or sexually transmitted diseases.

Seeking Justice

  • If you or someone you know is a victim of rape or attempted rape, reach out to us immediately.
  • Our legal team will guide you through filing a complaint, gathering evidence, and seeking justice.
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