Criteria for rape in Nepal:

Section 219 (2) of the Muluki Criminal Code, 2074 has established the criteria for rape in Nepal where a man can be punished under such conditions:

• If a man has sexual intercourse with a woman without her consent,
• If a man has sexual intercourse with a girl below eighteen years old without or even with her consent,
• If a man has inserted his penis into either anus, mouth or vagina to any extent,
• If a man has inserted other objects other than penis into her sexual part,

Conditions that aren’t regarded as consent:

In case of Nepal, these are the following conditions that are not considered as consent in the context of sexual offense:

• Consent that is given under any undue influence, coercion, intimidation, threat, misrepresentation, kidnapping or taking of hostage shall not considered as consent,
• Consent that is given under unsoundness of mind shall not be considered as consent,

Punishment relating to Rape in Nepal:

The person who has committed rape shall be liable to the sentence of imprisonment considerding the circumstances of the sexual intercourse and the age of the women. Rape is considered as one of the henious offence.

The Punishment for committing rape based on age factor according to Section 219 of Muluki Criminal Code, 2074, sub-section 3 are:

(a) imprisonment for a term of sixteen to twenty years if the victim is a girl child under the age of ten; 

(b) imprisonment for a term of fourteen to sixteen years if the victim is a girl child ten years or above ten years of age but below fourteen years of age;

 (c) imprisonment for a term of twelve to fourteen years if the victim is a girl child fourteen years or above fourteen years of age but below sixteen years of age;

 (d) imprisonment for a term of ten to twelve years if the woman is sixteen years of age but below eighteen years of age.

(e)  imprisonment for a term of seven to 10 years, if the woman is eighteen years of age or older.

Compensation:

Under section 30 of The Crime Victim Protection Act 2075, During the final settlement, the perpetrator may be required by the court to provide the victim with a reasonable sum of compensation. The victim's receipt of interim compensation must be verified by the court. If the victim's interim compensation is returned to the Fund, only the remaining amount will be paid if the court mandates compensation. The court may order suitable compensation from the Fund if the victim is not able to get compensation because of the offender's property, lack of conviction, or case withdrawal.

Legal Framework for Rape or sexual harassment cases involving victims who are specially abled:

According to the act relating to rights of person with disabilities, 2074 section 10, Right of Protection, a person with a disability has the right to protection from all forms of inhuman or degrading treatment, physical or mental abuse, gender-based violence, domestic abuse, sexual harassment, and exploitation by family guardians or other individuals. 

A man who commits rape a woman who is disabled or handicapped or on a woman who is suffering from physical or mental illness  shall be liable to an additional sentence of imprisonment for a term not exceeding five years, in addition to the sentence provided for in section 219 sub-section (3) of The National Criminal Code (Act), 2017.

Categorization of Rape:

Incest Rape:

Section-220 of the Muluki Criminal Code, 2074 prohibits Incest Rape. According to this Section, no one shall knowingly have sexual intercourse within the prohibited degree of relationship except they have been following the custom, practices within their own community.

Legal consequences of incest rape:

Under section 220 of The National Penal Code, 2074, the legal consequences for those who are found guilty of incest are mentioned:

• A sentence of life imprisonment in case of sexual intercourse between the natural mother and her natural son or between the natural father and his natural daughter.  
• If the sexual intercourse between stepmothers, stepfathers, older sisters, brothers, father-in-laws, grandparents, elder brother-in-laws, or younger brother-in-laws,from the same branch it may lead to a four to ten year prison sentence and a fine ranging from 40,000 to 100,000 rupees.
• If grandparents, siblings, or other family members engage in sexual relations, they may be sentenced to three to six years in jail and fines ranging from 30,000 to 60,000 rupees. This can occur between father-in-law and brother's daughter-in-law, maternal uncles and nieces, and mother-in-law and son-in-law.
• Having sexual intercourse within seven generations of one's own clan carries a fine of ten to thirty thousand rupees and a sentence of one to three years in jail.

Marital Rape:

Section 219(4) of the Muluki Criminal Code, 2074 also makes marital rape a crime. A man who commits rape on his spouse while they are still married faces a maximum sentence of five years in prison, according to the Sub-Section. But under these conditions, they are not regarded as married, and the rape is regarded as Ordinary Rape.

There are conditions under which the rape is not considered as marital rape:

• If the wife has separated from the husband taking her partition,
• If they have been legally separated or divided the property,
• If the divorce proceedings have been instituted,

Gang Rape:

Section 219 (7) of Muluki Criminal Code, 2074 has incorporated the provisions related to the Gang Rape . The person found guilty of gang rape may face a maximum five-year imprisonment not exceeding than that on top of prescribed sentence if;

• A pregnant women is raped during the final six months of her pregnancy,
• A specially abled women is the victim of rape,
• A women who is already ill is the victim of rape,
• Weapons are used against a women to rape,

Legal Consequences relating Sexually Transmitted Disease Rape:

A man faces an additional sentence if he commits rape while knowing that he is HIV positive or has a sexually transmitted illness. This law makes it illegal to commit rape with the knowledge that the victim has an STD and the intent to spread the illness.

The following is the additional sentence added to the ordinary rape sentence:

• A man who commits rape while knowing he has HIV must be punished in accordance with HIV law, which imposes a fine of up to NPR 1,000,000 and an additional ten years of imprisonment.
• Men who commit rape with the knowledge that they are infected with another STD, face an additional penalty of up to three years in prison and a fine of up to NPR 30,000.

Statutes of Limitation:

According to National Criminal Code Act 2017, chapter 18, section 229 (2) A rape case must be filed within a year of the incident if the victim is an adult, and within a year of the victim turning 18 if the victim is a minor. 

However, the House changed it to two years if the survivor is an adult and three years of the survivor turning 18 if the survivor is a minor, based on the committee's suggestion.

If the offense is committed against a person held in detention, taken into control, kidnapped or taken hostage, no complaint shall lie after the expiry of two years and three months from the date of release.