As a matured progressive
society even if we ignore and discount the un-becoming comments by a host of public
figures on the big ‘R’ word [only one of the many links
showing a host of public figures putting their foot in their mouths on this
issue made it to this write up - http://www.buzzfeed.com/tasneemnashrulla/22-comments-about-rape-that-will-make-you-really-angry] culturally, there is still
a vast number of people who are either in denial of the severity of such
offences or believe in one more of the following [for lack of a better word] ‘Anti-
progressive Myths’:
X
Anti-rape movements are ‘Feminist’:
These are not crimes against womanhood, these are targeted against perceived
‘vulnerability’. It is hence not a ‘Feminist’ issue but a ‘Human Rights’
issue.
X
The victim brought it upon to themselves: There is NO [absolutely NO] action of
the victim that is a good enough an excuse to blame the victim. Nothing invites
an infringement like this. [If satire is doesn’t offend you here’s a good
watch- http://youtu.be/8hC0Ng_ajpY ]
X
Stereotypes for victims and offenders: There
are no types or generic characteristics of Victims and also of Offenders with
regards to age, color, background, lifestyle or track record or what they wear
or do or where they live.
X Low
number of reported cases means lower rate of crime: Studies in USA estimate~
54% cases go unreported, ~ 70% in UK [ this was discouraging enough to not
research this any further or refer to statistics on reported cases as
benchmarks].
X
Ratio of falsely reported cases is very high: Though there is no exact study
on this, the number of falsely alleged cases is considered ~ 2-8% varying across
various countries on basis of some older studies i.e. around 92of100 victims
are not lying. Good enough case to have stringent laws.
This is one of the most complex crimes to deal with,
where the burden of proof on the victim is in addition to coping with the
social stigma attached to it. Being lost in Mens rea,
Actus reus- definition of what constitutes [does not constitute]
the crime
and Consent or no consent etc. takes preference over
victim’s personal trauma or need for closure.
Sometimes, crimes seem tad too dynamic and the law a
bit rigid. In times [that we all hope have] gone-by some cultures accepted
punishing the victims as ‘closure’ or ‘restoration’ to victim’s family. Such offences have travelled through time to evolve from Not being an offence at all to Being
an offence towards ‘family-honor’ to Being a ‘side–kick’ offence [i.e. punishable depending on gravity of
alleged offences like murder or abduction or acts of cruelty] to being
recognized a Human Rights' Violation. In the modern day while the penal
provisions in most countries – range from Imprisonment for 2 years to Life,
below are
examples of the Good, Bad and the Ugly of [Anti] Rape Legislations:
The Good: Thanks to the UN
membership charter that considers rape as a human rights’ violation, such offences at least get
considered as an offence. i.e.
170+ countries have [some] legal provisions against such crimes.
The Bad: Take
it with a pinch of salt- In Panama, penalty for rape and/or domestic violence carries sentences
of 2 to 4 years imprisonment but you steal a cow and its 8 years of
jail time.
The Ugly: Good
thing the Islamic law-following countries prescribe capital punishments for
offenders, but in practice there have been instances
where the victims have
been punished with jail time and
lashes quoting the unwritten Sharia Law for not adhering to gender segregation
[i.e. being alone with a man who is
not a relative].
In a civil, abiding society the objective of law
should as much to prevent and deter the crime as much it is to bring
justice or maintain order….Here’s how a legislation could help:
1.
Despite
the cultural differences across the world, a global minimum standards anti-rape
code could really elevate the effectiveness of the legislations in a lot of
countries.
2.
Such
crimes are a matter of immediate attention and should qualify for Fast track
trials Speedy redressal of offences and stringent penal consequences would go
long way to deter the rate of crime.
3.
Incorporating
provisions for a strong support system by way of registered help networks for
victims that could be involved at early stages of the incident to aid
reporting, medical examinations, judiciary processes and most important
psychological and social rehabilitation of victims.
4.
Legal
provisions to penalize practices like human trafficking, domestic violence,
bride-price, female feticide, FGM etc.
Data Sources:
By Jotika C
PS: Since this is the sequel
to ‘Walking that walk’, makes a case for a quick introduction: While we
come across a lot of ambitious ‘intends’, the harsh reality remains that
talking that talk is a lot easier than walking down that tough road to action.
The ‘walking that walk’ series is an attempt to distinguish the talks from the
walk and let data speak for itself.
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