‘Even If Victim’s Breasts Were Not Developed’: Court Ruling On Sexual Assault

The Calcutta high court has recently ruled that even if the breasts of an alleged sexual assault victim are not developed, the offence will be considered as a sexual assault as long as it’s proved that the accused had touched the specific part of the body with sexual intent, LiveLaw reported.

The ruling comes in connection with a case that dates back to 2017. A police case was registered against a man on the basis of the complaint of the mother of a 13-year-old. It was alleged that the accused had touched her inappropriately, kissed her on the face when there was no one in the house of the victim. During the proceeding, the accused said the question of touching the victim’s breasts does not arise at all as the medical officer of the case had deposed that the breasts of the girl were not developed.

Justice Bibek Chaudhuri said, “It is absolutely immaterial whether breasts of a 13-year-old girl were developed or not. The specific part of the body of a girl of 13 years of age shall be termed as breast… even if her breasts are not developed due to certain medical grounds.”

Touching the vagina, penis, anus or breasts of a child or making teh child touch the same of the offender with sexual intent does not only constitute the offence of sexual assault but whoever does any other act with sexual intent which involves physical contact without penetration amounts to sexual assault, the court observed.

Questioning what could be the intent behind a grown-up man kissing a 13-year-old, the court said, “In the instant case it is stated by the victim girl that the accused touched different parts of her body and also kissed her. Why should a grown up man who is not related with the victim girl kiss her entering into her house when his guardians were not present in the house.

The sexual intent of a person can be gathered from the specific contact of the accused and the surrounding circumstances. There cannot be any direct evidence of sexual intent. In the instant case entering into the house of the de facto complainant in the absence of her and her husband, touching the body of the victim girl and kissing her shows that the accused had sexual intent and, therefore, the act involves physical contact by the accused with the victim and he was rightly convicted under Section 8 of the POCSO Act.”