Interpretation of law changes sentence from consensual to rape

The Thimphu police have arrested a 17-year old man who raped a minor and impregnated her.

As of now, police have charged the suspect for rape of a minor though it is learnt to be consensual as per the statement of the suspect.

Since the victim was a minor, ‘consensual’ turns out to be ‘rape’ as per the Penal Code of Bhutan.

The section 183 of Penal Code of Bhutan reads that a defendant shall be guilty of offence of rape of a child above the age of twelve years, if the defendant has sexual intercourse with a child between the ages of 12 to 18 years.

The offence will be booked under third degree felony.

While the amended version of the section 183 states defendant shall be guilty of offence of rape of a child above the age of twelve years, if the defendant has sexual intercourse with a child between the ages of 12 to 18 years. However, consensual sex between children of 16 years and above shall not be deemed to be rape.

The victim who is a 15-year old student of one of the schools in the capital is 15 weeks and 6 days pregnant as per the medical report.

The suspect is believed to be an Indian based in Tsirang, working as a salesman in one of the shops in Tsirang.

After it was learnt that the victim was pregnant, the case was reported to the Woman and Child Protection Unit (WCPU) of Thimphu police by one of the family members of the victim.

The suspect is from Jaigaon and the police will charge-sheet the case very soon.

 

Chencho Dema/ Thimphu

The Thimphu police have arrested a 17-year old man who raped a minor and impregnated her.

As of now, police have charged the suspect for rape of a minor though it is learnt to be consensual as per the statement of the suspect.

Since the victim was a minor, ‘consensual’ turns out to be ‘rape’ as per the Penal Code of Bhutan.

The section 183 of Penal Code of Bhutan reads that a defendant shall be guilty of offence of rape of a child above the age of twelve years, if the defendant has sexual intercourse with a child between the ages of 12 to 18 years.

The offence will be booked under third degree felony.

While the amended version of the section 183 states defendant shall be guilty of offence of rape of a child above the age of twelve years, if the defendant has sexual intercourse with a child between the ages of 12 to 18 years. However, consensual sex between children of 16 years and above shall not be deemed to be rape.

The victim who is a 15-year old student of one of the schools in the capital is 15 weeks and 6 days pregnant as per the medical report.

The suspect is believed to be an Indian based in Tsirang, working as a salesman in one of the shops in Tsirang.

After it was learnt that the victim was pregnant, the case was reported to the Woman and Child Protection Unit (WCPU) of Thimphu police by one of the family members of the victim.

The suspect is from Jaigaon and the police will charge-sheet the case very soon.

 

Chencho Dema/ Thimphu

 

 

 

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