'Ejaculation Without Penetration is Attempted Rape, Not Rape': How Insensitive Court Remarks Re-Traumatise Survivors

The court plays a crucial role in delivering justice to victims and survivors, but the language used by the bench often raises concerns. Over the years, several judicial interventions have caused deep harm to the mental health of victims, making insensitive and legally flawed remarks on hearing rape cases, shifting focus from the victim's condition to questioning them. Such comments not only reflect outdated thinking but also discourage others from reporting such cases.

Experts and women's rights organisations often question and file petitions over such sentences, arguing for faith in the Indian judicial system.

Here are some 'Insensitive Court Remarks' that question morality and spark concerns over justice in India:

Chhattisgarh High Court Statement

On February 16, 2026, the Chhattisgarh High Court stated that 'Ejaculation without Penetration is an attempt to rape, not rape'. Hearing a 2004 rape case where the convicted lured the victim to his house under some pretext and tied her hands, feet, and forced sexual intercourse, Justice Narendra Kumar Vyas noted that, "The evidence available in the present case does not prove complete rape, but it does prove that the accused attempted rape." Initially awarded seven years of imprisonment, the man is now reduced to three years and six months, along with a  Rs 200 fine, as stated by the high court.

Allahabad High Court

The Allahabad High Court has been in the news, and all for the wrong reasons. In recent times, the court has passed several judgments that question the morality and dignity of victims. In March 2025, Single bench Justice Ram Manohar Narayan Mishra passed a highly controversial ruling that 'Grabbing Breast and Breaking Pyjama String' does not follow the 'attempt to rape' context or does not fall under the POCSO Act. The victim was a 11 year old minor, who was taken on a motorcycle on the pretext of dropping her home, where the accused dragged her to a secluded place, groped her, broke her pyjama string, and committed offensive acts with the intent of rape. Luckily, she was saved by some passersby who heard her screams on the spot.

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However, the Supreme Court upheld the rule on Tuesday, stating, “No judge or judgment of any court can be expected to do complete justice when it is inconsiderate towards the factual realities of a litigant and the vulnerabilities which they may be facing in approaching a court of law.” Additionally, the apex court directed the National Judicial Academy, Bhopal, to form an expert committee led by Justice Aniruddha Bose (retired) to draft guidelines ensuring sensitivity and morals on sexual offence cases.

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