Transwoman convicted by a Kerala court for sexually assaulting a minor in 2016

A transwoman, who was assigned male at birth and identifies as a female, was convicted by a court in Kerala for sexually assaulting a minor boy in 2016.

The act involving forced oral sex is punishable under Section 377 of the Indian Penal Code for unnatural sex and under the Protection of Children from Sexual Offences Act for forcing oral sex on a minor. The punishment for such an act would typically fall under Section 376 of the Indian Penal Code for rape, but since the victim is male, this offense does not apply.

The special court reasoned that since the accused was of a male gender at the time of the crime, it falls under the definition of unnatural sex outlined in Section 377 of the Indian Penal Code. The special judge, therefore, deemed it appropriate to convict the transwoman for the offenses punished under both Section 377 of the Indian Penal Code and the POCSO Act.

The prosecutor, Vijay Mohan RS argued that the accused transwoman had befriended a minor boy at a railway station in 2016 while presenting as a man. The accused then allegedly traveled with the minor boy and sexually assaulted him in a public toilet at another station. The incident was reported after the boy's mother discovered Facebook messages between the accused and her son, leading to the boy confessing what had happened.

The defense counsel, advocate M Unnikrishnan, argued that the First Information Report (FIR) was filed against Sachu Samson, who now goes by the name Shefina. The defense counsel argued that Shefina has always identified as a transgender person and has undergone medical procedures to affirm her gender identity. However, during cross-examination, the minor boy claimed that despite physical changes to Shefina's appearance, she was still the same person who had sexually assaulted him. A doctor was also called as a witness and testified that there was nothing to suggest that Shefina was unable to perform the sexual act as alleged.

After hearing the parties, the court sentenced Shefina to 7 years of rigorous imprisonment and a fine of ₹25,000.