The Sexual Offences against Women in Modern Legal Society

The Sexual Offences against Women in Modern Legal Society Woman is not a born woman; she is made a one: Simone de Beauvoir Gods Rape, Kings Rape and Demons Rape: Anisha Saxena 1. Conceptual Framework Sex, sexuality and sexual intercourse are god gifted phenomenon of lives for pleasure and reproduction. Sexual intercourse is sexual activity involving the insertion and thrusting of the penis into the vagina. Sexuality is all about our sexual feelings, thoughts, allurement and behaviors towards people. It means to find other people physically, sexually or emotionally attractive. Sexuality is distinctive and personal, and it is an essential part of who we are. Sex is defined good and bad sex on the basis of law and morality. It is universal, inevitable, natural process and power belief for all subsists RAJA HALWANI, SEX AND SEXUALITY 1-10 (Rev ed. 2020). but unnatural, immoral and unlawful sexual activities are called sexual offences. Sexual offences dampen physical and mental health of victims and lead to trauma. Sexual offences are unwanted, unethical and undesired activities without consent See, COLLINS DICTIONARY OF LAW (3rd ed. 2006). or illegal consent or offences involve sexual intercourse or any other sexual act See, THE OXFORD DICTIONARY OF LAW (7th ed. 2009). . The sexual offences are almost of infinite variety of physical acts by a person with another person or animal, either executed or attempted for sexual gratification. The sexual offences against women are very vindictive, malevolent and atrocious from the beginning of civilization to till date See, M. J. DIAMOND, LOUISE MICHEL AND THE PARIS COMMUNE OF 1871: THE PERFORMANCE OF REVOLUTION (1st ed. 1998).. The property, sex and women are interrelated parts and main causes of offences in all society. Plato argued that the extending civil and political rights to women would substantively alter the nature of the household and the state. Aristotle argued that the art of household management is not identical with the art of getting wealth. Women could buy, own, sell and inherit property in the Mesopotamia. Women enjoyed the same rights under the law as a man but entitlements depended upon social class in Egypt. Women enjoyed equal status with men in all aspects of life in India. Law in respect to women was created by men in favor of men in Rome, and considered inferior and had subordinate legal status based on Confucian law in China. The roles of women in society were severely restricted in Bible. The Quran introduced customary law for women in marriage, divorce and inheritance as weaker subordinate than men. The English regarded women as weak, irrational, vulnerable and breeding purposes. Numerous witch trials resulted thousands of women being executed. The horrified situation has justified the long history of sexual offences against women by causing of behavior, system, regime, religion and state Rangita de Silva de Alwis and Jeni Klugman, Freedom from Violence and the Law: A Global Perspective in Light of Chinese Domestic Violence Law, U. Pa. J. Int. L. 1 (2015).. The sexual behavior against women was horrified by systematic which was tried to revolutionize by many revolutions and redefined sexual offences against women on the basis of feminism, equality, freedom, justice and rights that is known as evolution of women See, FRAN P. HOSKEN, TOWARDS A DEFINITION OF WOMEN'S RIGHTS IN HUMAN RIGHTS QUARTERLY (1st ed. 1981).. The evolution has contributed the reformation on empowerment, governance, inclusiveness, reasonable protection, human rights, women rights and child rights. The sexual offences against women are changed from legal to rights based approach See, MUNIR AHMAD MUGHAL, WHAT ARE VARIOUS KINDS OF APPROACHES TO CRIMINOLOGY (1st ed. 2011).. The sexual offences against women in modern legal society is grasped and demarcated as sexual violence, sexual abuse and sexual harassment. In the absence of such acceptance, sexual offences against women continue to grow in the world. The sexual offences against women are complex like many other offences which seems complicated. It needs diverse dynamics to comprehend it. 2. Standard of Women in Law Liberal democratic system is characterized by election, separation of power, the rule of law, open society, market economy and private property with highlighting on human rights, civil rights, civil liberties and political freedoms on the basis of liberalism, constitutionalism and democracy RUSSELL HARPIN, LIBERALISM, CONSTITUTIONALISM, AND DEMOCRACY 1(1sted. 1999). The liberal democratic constitution reflect a paramount concern with human dignity and the worth and value of each individual for basic rights, freedom, conscience, expression, privacy, justice, equality and openness King Jeff, The Democratic Case for a Written Constitution 72 Current Legal Problems 36 (2019). The human rights law and humanitarian law by United Nations, Hague and Vienna Convention has adopted the basic principles of protection, obligation and responsibility for the law regarding to unique role, status and position of women in the context of marriage, property and sex. The international law focuses on age of consent, bodily integrity, censorship, circumcision, deviant sexual intercourse, ethics, freedom of speech, homophobia, intersex, lesbian, gay, bisexual, transgender and queer, miscegenation, marriageable age, norms, objectification, pornography, public morality, red-light area, reproductive rights, sexuality, same sex marriage, sex industry, sex workers’ rights and survival sex. Offences such as adultery, concessional sex, bestiality, buggery, grooming, pornography, prostitution, criminal transmission of disease, cybersex, trafficking, female genital mutilation, fornication, incest, pimping, forced, procuring, public indecency, rape, seduction, sex trafficking, sexual abuse, sexual assault, sexual harassment, slavery, sodomy, violence, trafficking and voyeurism are defined as sexual offences against women in modern legal society. The law regarding to women has wide area in liberal constitutions, laws and courts. The scope tries to prevent, prohibit and eliminate the sexual offences against women for their respect, protection and promotion of women for good governance. The preamble, citizen, fundamental rights and directive principles of state of constitution focuses on women’s equality, rights, reservation, inclusiveness and protection. The fundamental rights are to save and raise the voice for the women rights NEPAL CONS. art. 16, 17, 18,20, 21,28, 38, 39, 42.. The law under constitutional standard focuses on marriage, divorce, succession, maintenance, gender, justice, criminal law, dowry, employment, sex determination, trafficking and domestic violence India: The Penal Code, §§ 375, 376, 366, 366 B, 304 B., 354 354 A, 354 B, 354 C 354 D, 509, 498 (1860); The Dowry Prohibition Act (1961), The Indecent Representation of Women (Prohibition) Act (1986), The Commission of Sati Prevention Act (1987), The Immoral Traffic (Prevention) Act (1956), the Medical Termination of Pregnancy Act (1971) and The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (2013). United States: The Violence against Women Act (1994); United Kingdom: Sexual Offences Act (2003); Nepal:The Country Civil Code (2017), The Country Crime Code (2017) and others separate Acts such as The Safe Motherhood and Reproductive Health Rights Act (2018); Nepal Labor Law Act (2017); Domestic Violence (Offense and Punishment) Act (2009); The Act Relating to Children (2018); Child Labor (Prohibition and Regulation) Act (2000); The Anti-Witchcraft Act (2014); Human Trafficking and Transportation (Control) Act (2007); National Women's Commission Act (2017); The Cybercrime Act (2018); Social Practices Act (1976); China: The Civil Code (2020).. The judiciary has seen the dynamic role on the issues of sexual offences against women by judicial activism Brice Dickson, Activism and Restraint within the UK Supreme Court 21 (1) EJoCLI (2015).. The law condemns to sexual offences against women as a violation of human rights and tries to establish women governance by constitutional standard, act and judicial activism. Nepal has introduced new liberal democratic constitution and made the new Country Civil Code, Country Criminal Code and many Acts have been made with the aspiration of constitution which covers modern and traditional sexual offences against women. 3. Sexual Offences against Women in Modern Legal Society Sexual offence against women is a part of assault against women which takes place by dint of existing social, educational, behavioral, economic developmental factors in almost all countries, regions, cultures and communities as physical, mental, emotional, domestic and public level with utmost oppressed and subjugated section of society. The national law and international law define sexual offences against women with different context and interpretation but offences, intention and acts are similar. The sexual offences against women are defined as war crime, crime against humanity and genocide in modern international law ROME STATUTE art. 6, 7, 8 (1998).. Nepal has adopted the liberal rights base constitution which direct to parliament to make the law on the basis of women governance. Significantly, the law regarding to women in Nepal has provisioned on sexual offences against women in the context of traditional and modern ways with liberal constitutional dimension, rights base approach and wide scope of women. The following offences are identified as sexual offences against women in modern legal society in the world. 3.1 Eve Teasing The long historical sexual offence against women known Eve Teasing GEETANJALI GANGOLI, INDIAN FEMINISMS: LAW, PATRIARCHIES AND VIOLENCE IN INDIA, 63-64 (1st ed. 2007). is the part of sexual harassment. The Eve Teasing is common offence against women in South Asia Michael Safi, India's Female Students Say To Hell With It, We Won't Stand For Molesting And Eve-Teasing, The Guardian, October 7, 2017 at 1.. It is said that they call me Eve because they think it is ok to tease Anjana Rajbhandary, They Call Me Eve… Because They Think It Is Ok To Tease,Nepali Time December 25-31, 2015 at 1.. Eve Teasing is called teasing the girls, passing comment, harassing and troubling with sexual intention purposefully in public spaces, streets and public transport Farah Faizal & Swarna Rajagopalan, In Public Spaces: Security in the Street and in the Chowk, Women, Security, South Asia 45 (1st ed. 2005). as unwanted sexual remarks or advances by man to woman and most challenging offences on liberalization of women and deprives them of basic human rights. The Eve Teasing has serious effect on the safety, psycho-social well-being and human rights of women. It merges more serious end such as assaults, rape, murder and delinquency. It is also a form of sexual aggression that ranges in severity from sexually suggestive remarks, brushing in public places and cat calls to groping Rajesh Venkataraman, Controlling Eve Teasing, The Hindu, April 13 2004, at 1.. The root of Eve Teasing is mixed in family and social attitudes or values. The Indian Supreme Court has significant role regarding to Eve Teasing cases The State of Karnataka vs. Shiva Prasad on 8 April 2019; State vs. Sandeep Shokeenon on 2 June 2014; State vs. Ram Sharan Pawar on 6 June 2014.. The United Nation adopted the Convention on the Elimination of all Forms of Discrimination against Women 1979 to address the elimination of all form of discrimination against women including Eve Teasing. Nepal has many Eve Teasing cases with the relation of hooliganism. The Eve Teasing has taken as sexual harassment and addressed by Sexual Harassment Prevention Act 2015 in Nepal. 3.2 Rape Rape is is a sexual assault involving sexual intercourse or other forms of sexual penetration carried out against women consent, incapable of giving valid consent, physical force, coercion and abuse of authority. The rape is sometimes used interchangeably with sexual assault JENNY PETRAK & BARBARA HEDGE, THE TRAUMA OF SEXUAL ASSAULT TREATMENT PREVENTION AND PRACTICE 2 (1sted. 2003).. The Rape is primarily committed by males against females WORLD HEALTH ORGANIZATION, VIOLENCE AGAINST WOMEN 1 (1st ed. 2017).. The widespread and systematic rape is defined as crimes against humanity, war crimes and crime of genocide Supra Note 13.. The victim does not necessarily have to resist physically for the crime of Rape to be committed European Court for Human Rights: M.C. v. Bulgaria on 4 December 2003. and the amount of coercion determines as negative possibility of consent ICTY: The Prosecutor v. Kunarac, Kovac and Vukovic on 22 February 2001.. The sex on a false promise of marriage constitutes Rape Indian Supreme Court: Shri Chiranjit Dey vs. State of Tripura on 17 December 2020.. The United States does not have federal Rape Law due to the ruling United States Supreme Court: United States vs. Morrison on 15 May 2000.. The international framework of sexual violence by United Nation and adopts many instruments such as treaties, conventions, protocols, declarations, resolutions and recommendations to address the sexual violence including Rape UNSC Resolution 1325 (2000); UNSC Resolution 1820 (2008); UNSC Resolution 1888 (2009); UNSC Resolution 2106 (2013).. Rape tops the list of crime against women in Nepal. Various types of Rape and attempt to Rape is addressed by Country Criminal Code 2017 in Nepal. 3.3 Stalking The Stalking is called criminal harassment See, MINISTER OF JUSTICE AND ATTORNEY GENERAL OF CANADA, STALKING IS A CRIME CALLED CRIMINAL HARASSMENT (1sted. 2003). and threatening behaviors. The Stalking is unwanted and repeated surveillance by an individual or group toward another person Brian H. Spitzberg & William R. Cupach, TheState of the Art of Stalking: Taking Stock of the Emerging Literature, 12 Aggressions and Violent Behavior 64 - 86 (2007).. The Stalking is used as a criminal offense THE BERKMAN KLEIN CENTER, STATE AND FEDERAL STALKING LAWS 1 (1st ed. 2019). and can be related with psychology and behaviors Jennifer, Gender and Stalking: Current Intersections and Future Directions, New York City 418-426 (2011).. Victim can be prior intimates, casual acquaintances, friends, professional contacts, workplace contacts, strangers and famous Paul E.Mullen & Pathe Michele, Stalking: Crime and Justice, University of Chicago Press 273-318 (2002).. Stalking has issue of cyber Joseph A Davis, Stalking Crimes and Victim Protection, CRC Press 3-19 (2001). and gender See, United States Department of Justice Office of Justice (1998) . Every country has the anti-stalking law Australia: Queensland Law (1994); Canada: The Criminal Code (1985); India: Criminal Law (Amendment) Act (2013); United Kingdom: The Protection from Harassment Act (1997); United States: The Violence against Women Act (2005). and judgment United States Supreme Court: Elonis v. United States on 1 June 2015.. The General Assembly of the United Nations adopted the first resolution on sexual harassment on 29 November 2018, urging States to recognize the current situation of violence against women and girls. The International Labor Organization has a significant role for anti-Stalking law for the world See, International Labor Organization (2020). . Stalking is addressed by Sexual Harassment Prevention Act 2015 in Nepal. 3.4 Abduction and Kidnapping Abduction and Kidnapping are the parts of human trafficking for sexual purpose. The abduction and kidnapping are sometimes used interchangeably. Abduction is taking away a child or a person by deception or force from their home and family. Kidnapping is defined by law as taking someone unwillingly and keeping them illegally imprisoned without their valid consent. It is said that abduction is for forced marriage. Kidnapping is as a violent expression of male power consisting of the forcible abduction or stealing or carrying away of a person from own place to another place for sexual purpose. Kidnapping is the taking away of a women and girl by force or threat or deceit with intent to cause her to be detained against her will for sexual purpose. Abduction is the criminal act taking away a person by persuasion or fraud or open force or violence for sexual purpose. Abductions are carried out by acquaintances or strangers by using physical force to capture a woman or using deception to kidnap a woman. Although, abduction and kidnapping were considered separate and independent offences, they were not always mutually exclusive. However, both the terms refer to the unlawful taking or detention of one person by another. The abduction is taking as the climate of fear as sexual violence.India has many examples of kidnapping Indian Supreme Court: Mukhtiar Ahmed Ansari vs. State on 21 April 2005; Mithlesh Rai vs. State of Madhya Pradesh on 24 January 2014. and abduction cases Indian Supreme Court: Vinay D. Nagar vs. State of Rajasthan on 3 March 2008; Anshul Bawra vs. Union of India And Others on 8 October, 2012.. The United Nation declared the Declaration on the Elimination of Violence against Women adopted by the General Assembly 1993 to prevent the Abduction and Kidnapping of women and girls.Abduction and Kidnapping is covered by Country Criminal Code 2017 in Nepal. 3.5 Molestation Molestation is a sexual assault or abuse to a person, especially against a woman or child. Sexual abuse is sexual behavior or a sexual act forced upon a woman or child without their consent. Sexual abuse includes abuse of a woman, man or child by a man, woman or child. There is a distinctive difference between statutory Rape & child Molestation. Child sexual abuse, which is also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation Guidelines for Psychological Evaluations in Child Protection Matters, Committee on Professional Practice and Standards, 54 (8) The American Psychologist 586–593 (1999).. Molestation also applies to incest by a relative with a minor family member and any unwanted sexual acts with adults short of Rape. Molestation is also sexual abuse Bruce Rind, Archive of Sexual Behavior, Peer Commentaries on Green 494-496 (2002). and violence World Health Organization, Violence against WomenIntimate Partner and Sexual Violence against Women,World Health Organization 1-3(2011).. Victim of Molestation can be spouses, children, disabilities, dementia, poverty and elders. Molestation is preventable Georgia Babatsikos, Parents Knowledge, Attitudes and Practices about Preventing Child Sexual Abuse: A Literature Review, 19 (2) Child Abuse Review 107–129 (2010). and power can play a vital role to commit such offences. Catholic Church cases are in highlight on Molestation See, TARA ISABELLA BURTON, NEW CATHOLIC SEX ABUSE ALLEGATIONS SHOW HOW LONG JUSTICE CAN TAKE IN A 16-YEAR SCANDAL (1st ed. 2018). The Convention on the Rights of the Child 1989 came into force in 1990 by United Nations. The UN Peacekeeper cases are very famous for lesion learns AP Exclusive: UN Child Sex Ring Left Victims but No Arrests, AP News, 30 December 2020.. Molestation was covered by Some Public (Crime and Punishment) Act, 1970 and replaced by the Act Relating to Children 2018 in Nepal. 3.6 Acid Attack An Acid Attack is gender base offence and occurs often by gender inequality and women's position as revenge against a woman who rejects a proposal of marriage or sexual advance. Acid attack can be called acid throwing, vitriol attack or vitriol age is a form of violent assault See, R. N. KARMAKAR, FORENSIC MEDICINE AND TOXICOLOGY (33rded. 2010). involving the act of throwing acid or a similarly corrosive substance onto the body of another with the intention to disfigure, maim, torture or kill See, PHNOM PENH, CAMBODIAN ACID SURVIVORS CHARITY (1st ed. 2010).. Acid attacks are reported in many parts of the world more commonly in developing countries L. M. Taylor, Saving Face: Acid Attack Laws After the UN Convention on the Elimination of All Forms of Discrimination Against Women, 29 Journal Int'l & Comp. Law 395–419 (2000).. The United Nations adopted the Convention on Elimination of All Forms of Discrimination against Women in 1979 and Declaration on the Elimination of Violence against Women. The various incident of Acid attack is newly criminalized and culprits face 20 years in jail Nepal: The Country Criminal (Code) Act § 193 (2074). by Country Criminal Code 2017 in Nepal. 3.7 Trafficking of Women and Girl The form of forced or coerced sexual exploitation involves in Trafficking of Women and Girl for sexual purpose. The Trafficking of Women and Girl has become a growing and burning problem in larger global community. Women and girls are usually trafficked for the purpose of sexual and economic exploitation, prostitution and pornography, forced labor and work in commercial and domestic work. Women and girls tend to suffer a disproportionately heavy impact See, United Nations Special Rapporteur on Trafficking in Persons Especially Women and Children (2013).. The costs to society include the degradation of human and women’s rights, poor public health, disrupted communities and diminished social development. Victims of sex trafficking acquire adverse physical and psychological health conditions and social disadvantages. Many instruments have been adopted by United Nation for the trafficking of women and girls See, Forced Labor Convention (1930); The Slavery Convention (1926); The UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949); UN Convention against Transnational Organized Crime (2000); The Convention on the Rights of the Child (1989).. The Government of Nepal has promulgated the Women Trafficking (Control) Act, 1987 replaced by The Nepali Human Trafficking and Transportation (Control) Act 2008. 3.8 Sexual Harassment in Public Place The use of explicit or implicit sexual overtones including the unwelcome or inappropriate promise of rewards in exchange for sexual favors See, MICHELE A. PALUDI et all, DEFINITIONS AND INCIDENCE OF ACADEMIC AND WORKPLACE SEXUAL HARASSMENT (1st ed. 1991). is involved in Sexual Harassment. Sexual Harassment is gender issues including a range of actions from verbal transgressions to sexual abuse or assault See, BILLIE WRIGHT AND LINDA WEINER, THE LECHEROUS PROFESSOR: SEXUAL HARASSMENT ON CAMPUS (1st 1990). . Sexual Harassment in the workplace increases absenteeism, turnover, lowers productivity and job satisfaction. Strong workplace policies prohibiting sexual harassment, workplace training and a complaint procedure protects workers from retaliation seem to offer the most promise in reducing Sexual Harassment. The United Nations strongly call for the Ratification of the International Labor Organization Convention to end violence and Harassment in the Workplace Convention on Violence and Harassment in the World of Work 190 (2019) .. The Government of Nepal has enacted a specific legislation addressing sexual harassment at workplace with the objective to protect the right of every individual to work in a safe environment. Sexual Harassment in Public Place is covered by The Sexual Harassment at Workplace Prevention Act 2015 in Nepal. 4. Initiatives against Sexual Offences against Women The root causes of sexual offences against women have been found and efforts have been made to be executed exclusively by the national and international law. The women related issues came into surface after 18th century as a concept of claim and gained in political, social and philosophical importance WILLIAM SWEET, PHILOSOPHICAL THEORY AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS 4 (1st ed. 2003). under natural rights, equal employment, right to vote, property rights, freedom of movement, informing women about their legal rights and discrimination. Regional organization has played significant role in favor of women governance European Court for Human Rights: Opuz v. Turkey on 9 June 2009.. A modern women movement, women liberation and feminism started by the 1960 NANCY ADAMSON et all, FEMINIST ORGANIZING FOR CHANGE: THE CONTEMPORARY WOMEN’S MOVEMENT IN CANADA 1 (1sted. 1988).. The International Council of Women was established and United Nations established a Commission on the Status of Women in 1946 and held series of world conferences. The Universal Declaration of Human Rights 1948 enshrined the equal rights of men and women. The United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women in 1979. The Declaration on the Elimination of Violence against Women was adopted by the United Nations in 1993. The Istanbul Convention came into force and UN Women was merged for the advancement of women in 2010. The slogan Equal Means Equal came into outside UNITED NATIONS, INTERNATIONAL WOMEN’S RIGHTS, EQUAL MEANS EQUAL, 1 (1st 2020). . Regional Human Rights Organization has played significant role for the prohibition, prevention and elimination of sexual offences against women. The liberal democratic constitution has been working in the world and making relentless efforts to establish the freedom, justice, liberty, equality and access for women. The parliament is making law with the aspiration of liberalism, globalization, development and governance for prohibition, prevention and elimination of sexual offences against women. The international and national initiatives have been taking place substantially but figures are different. Globally, 35 per cent of women have ever experienced physical and sexual intimate partner violence or sexual violence by a non-partner WORLD HEALTH ORGANIZATION, GLOBAL AND REGIONAL ESTIMATES OF VIOLENCE AGAINST WOMEN: PREVALENCE AND HEALTH EFFECTS OF INTIMATE PARTNER VIOLENCE AND NON-PARTNER SEXUAL VIOLENCE 2 (1st ed. 2003). Number 137 women are killed by a member of their family every day UNITED NATIONS OFFICE ON DRUGS AND CRIME, GLOBAL STUDY ON HOMICIDE, 10 (1st ed. 2019).. Less than 40 percent of the women experience violence seeks help of any sort UNITED NATIONS ECONOMIC AND SOCIAL AFFAIRS, THE WORLD’S WOMEN 2015, TRENDS AND STATISTICS, 159 (1st ed. 2015).. Adult women account for nearly half 49 percent of all human trafficking victims detected globally UNODC, GLOBAL REPORT ON TRAFFICKING IN PERSONS, 25-28 (1st ed. 2018).. One in five women, aged 20–24 years, was married before the age of 18 in 2019 See, UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS, ACHIEVE GENDER EQUALITY AND EMPOWER ALL WOMEN AND GIRLS (1st ed. 2020).. At least 200 million women and girls, aged 15–49 years, have undergone female genital mutilation in 31 countries where the practice is concentrated Ibid.. Adolescent girls 15 million aged 15–19 years have experienced forced sex in the world UNICEF, A FAMILIAR FACE: VIOLENCE IN THE LIVES OF CHILDREN AND ADOLESCENTS, 73, 82 (1st ed. 2017).. School related gender based violence is a major obstacle to universal schooling and the right to education for girls UNESCO, BEHIND THE NUMBERS: ENDING SCHOOL VIOLENCE AND BULLYING,25-26 (1st ed. 2019).. Across five regions, 82 per cent of women parliamentarians reported having experienced some form of psychological violence while serving their terms INTER-PARLIAMENTARY UNION, SEXISM, HARASSMENT AND VIOLENCE AGAINST WOMEN PARLIAMENTARIANS, 3 (1st ed. 2016).. Because of these facts, the situation on sexual offences against women is poor and horrible till the date but not pessimistic. 5. Recommendation Principles such as justice delayed is justice denied, benefit of doubt goes to accused, social and cultural values dominate the access to justice and own decision makes final decision has played the significant role to deny the justice for women in the sexual offences against women. The modern society cannot adopt the victim base approach in the justice system. Victim cannot be provided justice by political, social, economic and education phenomenon. Not only the sexual offences against women but all offences cannot be eliminated but can be preventable because of social, economic, developmental and behavior issues of human being. In the context, the following recommendations can be taken into account to prevent the sexual offences against women for women governance. 5.1 The nature of international law should be changed from morality to sanction. The sexual offences against women must be prevented by international cooperation to make the sanction power of international law and wide jurisdiction of international court for women governance. There is not Asian Human Rights Court as regional court like Inter American Court and European Court for Human rights which is also deemed require for Asian Countries. The International Organization should invest in women for empowerment, understanding and governance. The women governance can play the vital role to prevent the sexual offences against women. 5.2 The law should be made as separate and special for special procedure and special court with victim based approach, high punishment for offender, zero tolerance policy and end impunity on sexual offence against women as human rights violation. Women should be recruited in law enforcement agencies in the state. In a nutshell, there must be the promulgation of a Pro-active law in favour of women against any kind of violence, atrocities and sexual assaults. 5.3 State should create a culture and understanding of enthusiastic consent by awareness. The culture of society and understanding of individual must speak out against the root causes of sexual offences against women by redefining masculinity and broadening the understanding of culture with taking an intersectional approach. The state must make and apply strategies and corresponding approaches to promote social norms that prevent sexual offences against women. Teaching skills to prevent sexual violence provide opportunities to empower and support girls and women. Build protective environments and support victims are fundamental actions for the sexual offence against women. The National Organization should invest empowerment, awareness, understanding and governance for women. 5.4 The law enforcement agencies such as police must co-operate to victim and must not pressurize to victim. The investigation and prosecution authorities must be sound in evidence collection and resolve the medical and legal difficulties. The agencies must restrict false cases. 6. Conclusion Sex, sexual intercourse and sexuality are god gifted phenomenon of lives for pleasure and reproduction. The unnatural, immoral and unlawful sexual activities are called sexual offences against women. The sexual offences against women are very vindictive, malevolent and atrocious from the beginning of civilization to date. The sexual offences against women is defined in various names by right and state based approaches, however eve teasing, rape, stalking, abduction, kidnapping, molestation, acid attack, trafficking of women and girl and sexual harassment in public place are identified sexual offences against women in modern legal society. Despite the initiatives taken against sexual offences nationally and internationally, data shows quite pessimistic picturesque in respect to the law in favor of women. So, some recommendations should be taken for women governance and the prevention of sexual offences against women. The women governance can play the vital role against sexual offences against women in modern legal society. END 13