A Call For Universal Penal Code for

Sexual Abuse Of A Child

Cumulative child sexual abuse pervades the curtains of great economies in the world today.
From the fields to machines, to the locked doors and windows of every home, the silent
horror grips every soul either as a victim or fear of being a victim.
The present socio-legal system boasts of several constitutional mandates, international
laws, treaties , child protection laws , child protection cells,to prevalent national laws ,infinite
papers presented etc all in the best interest of securing a child in its democracy, and the
world at large.
The norm which the society at large has set today categorically is in the form of preventive
measures to be clasped within the purview of its social fabric. The legislators of great
economies on the other hand have retrospectively identified the offence, researched,
debated and have successfully handed down several yards of legislation with ingrained
penalties and punishment for the trespassers of what they think as appropriate, bearing in
mind basic human rights of the offenders.
And the sword of Damocles continues to haunt tiny sprouts of the society, ripping their souls
and plunging them to misery, despair or death, to which several national and international
judicial precedents bear witness.
In most constitutions of the world the punishment devised and enforced is ranging from a
minimum of 5 years to maximum 22 years of rigorous imprisonment /life imprisonment and
death penalty imposed only in case of death of victim, ensuring upholding of human rights
of the offender.
The question that remains unanswered and keeps coming to the fore is Are the punishment
schemes for child sex and sexual abuse deterrent in nature? Amidst ongoing debates in most
countries about capital punishment as human rights violation to be inflicted in rarest of rare
cases, and those who have abrogated capital punishment from their list of penalties, this
controversial write up seeks to transcend all national and international boundaries, and bring
Child sexual abuse/rape within the ambit of international legislators, and law enforcement
agencies, with a drive to pilot child rights of protection of his/her body much beyond the
prevalent in-efficacious laws, devoid of collective consensus of the people.
In the pursuit of preparing this treatise, opinion has been solicited from members of the
legal fraternity and the general public world-wide who abhorred the crime with tall criticism
of the justice delivery system and legislation in their respective countries inflicting
unobtrusive
punishments for the crime. However there were those who, on the contrary were against
capital punishment being negated under their countrys constitution.
In the wake of prevalent child rape and child abuse cases reported and unreported; Infliction
of Death Penalty for child rape irrespective of the degree of offence or homicide , and
rigorous penalty for child molestation, would serve as an excellent deterrent mechanism
Debates on Human Rights to the perpetrator of the crime on the question of infliction of death
penalty should be cordoned off taking into consideration the aftermath of sexual assault /rape
of a child exposed to the Pandoras pack of resilience.
Earlier in the month of July 2014, a six year old child was raped in a school in Bangalore, India
.In April 2014, two five year old girls(children) abducted and raped for two days in Delhi, and
India still relies on its legislation , of Protection of Children from Sexual Offenses Act-
2012(apart from Indian Penal Code, sections,354,375,377 and 511, which covers rape,
outraging modesty of woman, unnatural offenses and attempt to commit such offenses).
In Nov 2013, a six week old infant was raped in Kimberly, South Africa, by her 24 year old
Uncle.(check the site below for more news updates on the case)
The rampant crime of infinite child abuse across the globe, suggestively calls for A
Universal Code of Penalty for Sexual Abuse/rape of a child ; as a international initiative of
approving stringent penalty procedure for child rape and physical abuse of its person, with
mandatory implementation by member states, signatory to the code/declaration, thus
strategically building world comity in combating the horror.
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Few Reported Cases of Rape of Infants and Children ( Few countries covered)
http://www.iol.co.za/news/crime-courts/six-week-old-baby-raped-1.1613522
http://www.abqjournal.com/358406/abqnewsseeker/4-month-old-who-was-allegedly-
abused-has-died.html
http://www.mirror.co.uk/incoming/mother-let-gang-men-rape-3160815
http://timesofindia.indiatimes.com/city/vadodara/Three-month-old-baby-girl-raped-in-
Vadodara-neighbour-held/articleshow/32465881.cms
http://www.niticentral.com/2014/07/27/child-sexual-abuse-crisis-deepening-needs-urgent-
attention-234766.html
http://www.secretsofthefed.com/4-month-old-baby-raped-death-mother-invited-boyfriend-
come-sexually-torture/
http://www.nbcnews.com/news/other/father-gang-raped-5-year-old-demands-justice-case-
sparks-f4B11181206
2012 Report , Worth a Read
http://www.katv.com/story/18839163/davis-to-go-free-after-rape-charges-dropped-by-judge
2008 Report : Worth a read
http://www.irinnews.org/report/76087/nigeria-child-rape-in-kano-on-the-increase