Rape Law in Nepal

Section 219 of the National Penal Code of Nepal is the Substantial Rape Law in Nepal under Chapter 18 Sexual Offences. The Section has prohibited the commission of Rape in Nepal.

Rape

Section 219(2) has established these criteria for Rape in Nepal, after which a man is considered by law to have committed the Crime of Rape:

1. If a Man has Sexual Intercourse with a Woman without her consent
2. If a Man has sexual intercourse with a girl below the age of Eighteen Years of Age with or without consent
3. If a man has penetrated their penis into either anus or mouth
4. If a man has penetrated their penis into the anus, mouth, or vagina to any extent
5. If a man has inserted any object other than his Penis into his Vagina

Consent

The Following aren’t considered to be consent in the Context of Sexual Offences in Nepal:

1. If the consent is obtained by undue influence, intimidation, misrepresentation, Kidnapping, Coercion, and other Illegal methods.
2. If the Consent is provided at a period when the mind is Unsound or if the Individual giving consent isn’t in a Proper State of Mind.

Punishment

The Punishment prescribed by Rape Law in Nepal depends on the circumstance of the Rape, the Age of the Woman, and other factors. The following is the list of Rape Punishment:

1. If the victim is a girl child under the age of ten years old, the Individual who commits rape can be imprisoned for a term of sixteen to twenty years
2. If the Victim is a girl child with an age ranging from Ten but less than fourteen, the Offender is liable to a sentence of Imprisonment for a term ranging from Fourteen to Sixteen Years.
3. If a Girl Child is aged fourteen but less than sixteen, the Offender can be sentenced to Imprisonment for twelve to Fourteen Years.
4. If the age of the Victim is sixteen years old but less than Eighteen Years, the Offender can be imprisoned for ten to twelve years.
5. If the Victim is eighteen years or older, the Offender can be imprisoned for Seven to Ten Years.

The Punishment for Rape in Nepal based on the age of the Woman is presented in the Table below:

Other Forms of Rape Law in Nepal

Marital Rape

Marital Rape has also been criminalized by Section 219(4) of the National Penal Code. The Sub-Section has provided that, if a Man commits rape on his wife while they are married, they can be sentenced to a maximum of five years in Prison. However, in these circumstances, they aren’t deemed married and the Rape committed is considered to be Ordinary Rape:

1. When they’ve legally separated or divided their property.
2. When the wife has taken her share of property from the husband.
3. When divorce proceedings have started.

Moreover, after the commission of Marital Rape, the Court can legally order the husband to do the following upon the request of the Victim:

1. Allow the wife to live in the same house they shared before.
2. Provide her with food, and clothes, and treat her respectfully.
3. Ensure she receives the necessary medical treatment or provide funds for her treatment.
4. Arrange separate living quarters if they can’t live together and make financial provisions for her support while living apart.
5. Avoid actions that cause suffering or annoyance to the wife

STD Rape

If a Man commits rape with Knowledge that he is HIV Positive or has a Sexually Transmitted Disease, then, he is liable to receive an Additional Sentence. The Rape that is committed with conscious Knowledge of having an STD and the intention to transmit such disease is Criminalized by this Law.

The Additional Sentence upon the Sentence of Ordinary Rape is as follows:

1. If a Man commits rape knowing that he is HIV Positive then, they must be punished according to HIV Law which prescribes a potential additional ten years along with a fine of up to NPR 1,00,000.
2. If a Man commits Rape knowing that he has other sexually transmitted Disease then, they are liable to an additional Punishment a sentence of Imprisonment for up to three years, and a fine of up to NPR 30,000.

Gang Rape

Section 219(7) encompasses Provisions regarding Gang Rape in Nepal. Individuals that are involved in the Commission of Gang Rape can be liable to a sentence of Imprisonment for a term not more than five years on top of the prescribed sentence if:

1. The Rape is committed against a Pregnant Woman in her last Six Months of Pregnancy
2. Rape is committed against a Woman who is physically or mentally disabled
3. The Rape is committed against a Woman suffering from an Illness
4. The Rape is committed against a Woman while using Weapons.

Incest Rape

If a person commits Rape against a Woman who is in a Prohibited Degree of Relationship, then, they are liable to an additional Sentence of Imprisonment on top of Ordinary Rape. If Natural Mother or Daughter is raped, then, the Offender can be further imprisoned for Life in addition to the law mentioned above.

Statute of Limitation

The Statute of Limitation for filing a complaint for Rape is one year from the date of commission of offence, as stipulated by Rape Law in Nepal.