SEXUAL ABUSE AND EXPLOITATION OF BOYS IN SOUTH ASIA A ...

fondling. 285 While an ‘unnatural’ sexual relationship could perhaps be construed to include
anal and oral sex, the definition does not include sexual harassment, indecent touching,
showing children pornographic material, using indecent sexually explicit language towards a
child, or indecent exposure by the child or perpetrator.
Other legal provisions address sex with children, rape, sexual molestation and incest. In the
Country Code, sex with a minor (under the age of 16) is defined as ‘unnatural sexual
intercourse’ and is treated as an aggravated form of statutory rape. Sexual molestation
(touching any part of a female body) ‘with intent to commit intercourse’ applies to females
above the age of 11 years. It does not address boys; nor does it address girls age 11 or
younger.
Presumably, a man who rapes a boy through anal intercourse could be punished under the
Civil Code provision on sodomy. Intended primarily to prohibit sex with animals, it does not
directly mention anal intercourse but forbids ‘unnatural sexual acts’. It is questionable
whether this provision could be applied to oral sex, masturbation or most other aspects of
child sexual abuse. However, in practice this provision has been used to punish males for
consensual sex. It is thought that many boy victims of rape refuse to report their abuse due to
fear of being treated as criminals rather than victims. 286
Present law requires incidents of sexual abuse to be reported and filed within 35 days of
occurrence. This is a significant deterrent to addressing the issue, as many cases are only
reported by children after considerable time, sometimes with the assistance of a counsellor.
The 35-day period is also usually insufficient for police to collect satisfactory evidence to file
a case against the alleged perpetrator.
6.2.3 Sexual exploitation in pornography
The three laws that address child pornography (the Children’s Act, the Some Public
[Offences and Penalties] Act 1974 and the Electronic Transaction Ordinance 2005) do not
specifically define or prohibit child pornography. Definitions and prohibitions primarily focus
on protecting the public from exposure to obscenity; they do not address or penalize sexual
abuse inflicted upon a child through the production of pornographic materials. As well, the
legislation is limited to production of pornographic materials; it does not include live
pornographic displays, grooming and sexual chat rooms, etc.
The Children’s Act 2048 (1992), article 2(16) prohibits taking, distributing or exhibiting
photographs for the purpose of “engaging a Child in immoral profession”. 287 Additional
penalties are imposed if there has been ‘damage to the child’s character’ or the child’s health.
The Some Public (Offences and Penalties) Act 1970 adds little to the protection of children. It
prohibits public obscenity and printing, publishing, exhibiting or selling obscene materials,
285 Central Child Welfare Board, Ministry of Women, Children and Social Welfare, Government of Nepal, 2007,
unpublished draft of proposed bill to amend the Children’s Act.
286 ECPAT International and Child Workers in Nepal, 2008 (unpublished draft), ‘Out of the dark: The
emergence of boys’ prostitution in Nepal’.
287 Children’s Act 1992.
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