The victim alleged that the accused female rapist derived pleasure during forced sexual acts. Aided by two male accomplices, she used a sex toy to violate her. Although homosexual acts between consenting adults were legalised in India last year, police arrested the woman because the intercourse was 'forced'.
In a first-of-its-kind case in India, a 19-year-old woman was arrested by police for allegedly 'raping' another woman in the capital city of New Delhi, according to a News18 report.
The accused woman, Shivani, 'forced' herself upon her victim using a strap-on. During the assault, two males, Rohit and Rahul, who also face charges in the case, pinned the victim on all fours.
"My rapist was not forced to rape me. She was deriving pleasure out of it. I want her punished along with the other two," said the survivor.
The victim alleged a human trafficking angle to the entire episode: "The trio forced me to have sex with them. Then it became a gang affair. Soon, I was sent to serve clients and the accused woman was always there in the apartment."
The accused woman has been arrested under Section 377 of the Indian Penal Code (IPC) a section which, before the decriminalisation by India's highest court last September, had included rules against consensual homosexual sexual acts, and now covers incidents of homosexual intercourse with minors as well as same-sex acts that are non-consensual and bestiality. Sections of the IPC dealing with anti-human trafficking laws were also cited in Shivani's case.
Shivani along with her two male accomplices have been arrested and sent to jail. She will remain briefly in police custody pending further investigations.
Earlier, the police had to contend with ambiguity as to how to press charges against Shivani. The local police station chief had said, "Because Section 377 was struck down by the Supreme Court, there are no legal provisions under which a woman can be charged if she is accused of raping another woman." The victim's lawyer Priyanka Dagar contended that the section must applied against accused woman rapist because sexual acts against the victim 'did not have her consent' and that only those portions of Section 377 that dealt with consensual sexual intercourse were decriminalised by the Supreme Court.
The full text of IPC Section 377 reads, "Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section." The Section currently only applies to acts against minors, forced non-consensual homosexual acts and bestiality.