When the Victim is a Boy: Reframing Sexual Offences Against Male Children in Indian Law

Abstract: In India, sexual offenses against children are gender neutralized and addressed by the Protection of Children from Sexual Offences (POCSO) Act of 2012. Still, the medical/legal literature, clinical suspicion, and judicial discourse continue to be implicitly gendered, resulting in poor detection rates of sexual offenses against male children and inadequate interpretation thereof. The available evidence base is consistent in indicating that a large proportion of child sexual abuse victims are males. Social stigma, delayed presentation, and lack of physician knowledge complicate underreporting and diagnosis. Male children present late and mostly without any visible physical injury, making it challenging to interpret and legally prove. This short communication proposes a structured and evidence-based classification of sexual offenses against male children, explicitly in line with the current Indian legal system. The classification includes penetrative sexual assaults, nonpenetrative sexual assaults, sexual harassment, sexual exploitation, and child sexual abuse materials, including aggravated and institutional abuses, in relation to the relevant sections of Bharatiya Nyaya Sanhita. Through the integration of patterns of abuse common in male victims, which include anal/sexual/penetrative abuse, coercive acts, non-contact crimes, and online abuse, with corresponding legal provisions under the POCSO Act, this classification scheme aims to address the gaps between medical diagnosis and legal determination. In addition, the article provides information on major medico-legal concerns, including the mandatory reporting law, the absence of tangible evidence, and the importance of meticulous medical documentation of the history of the abuse, behavioral symptoms, and evidence from the Internet. Collaboration among experts from various disciplines, such as pediatric medicine, forensic science, law enforcement agencies, and child protection services, is also vital. Male children should be considered vulnerable victims, too. With a POCSOoriented and male-friendly classification scheme, improved awareness and understanding in cases of child sexual abuse in India can be achieved.