Why Rape Survivors should be Given the Benefit of Doubt?


The recent judgement that sentenced film maker Mahmood Farooqui to seven years imprisonment for the rape of a researcher from Columbia University has been hailed by many as an instance of gender justice. It is on rare occasions when the high and the mighty are brought to book for the crimes they commit. In cases of sexual assault the picture is rendered bleaker because the perpetrator walks free more often than not.  When in the cases of Mahmood Farooqui, Tarun Tejpal and R K Pachauri, to mention a few, the benefit of doubt was reserved for the perpetrators rather than the victims, we are reminded that rape survivors are still a long way from a dignified treatment and justice.

This is why it becomes important that rape survivors should be given benefit of doubt. And in a country like India which is yet to shake off its shackles of patriarchy, it becomes doubly important. The 2012 December Delhi gang rape shook the entire nation and brought people from every section out in the streets demanding stricter laws to regulate sexual crimes. Many of us hoped that the very nature of the crime and the protest that followed would ensure that we won’t see any repetition of such horror. But three years down the line, that hope is yet to come true. Crimes against women have in fact increased.

The new law that was introduced post Nirbhaya incident did not do much to change the callous attitude of police and state institutions towards sexual crimes. In fact nations continue to fail rape survivors on a regular bais. For popular discourse, there are no rape ‘survivors’ but only ‘victims’. And on a daily basis, such victims are turned away, not believed and even accused of lying. Their complaints and concerns are not even entertained in many cases. This is happening in the army and police, on campus, in prisons, in religious institutions and even in victims’ own families which has deeply embedded biases and stereotypes which makes it easier to dismiss a victim’s experience rather than support it.

Women who have been put through the traumatic experience of rape go through a nightmare even after the tragic incident. Going to the police is a daunting affair. In many cases police doesn’t even file a complaint at the first instant. It is much worse if the victim comes from a lower class/caste. Even after a complaint has been filed, the dominant view is that may be the victim “was asking for it” – may be she was too ‘easy’, may be she was out too late, may be she was out with the wrong people and most popularly, may be she was wearing the wrong kind of clothes which was way too provocative. One is left wondering how provocative and titillating can be the frock of a two/ three/ five year old kid.

Victims are forced to relieve the trauma too many times. Be it at the police station or in front of the judge, the onus is psychologically often on the victim to prove the crime. Victims have to negotiate with a judiciary embedded in patriarchal values. When in the rape case of Bhawri Devi, the judge said that an elderly person will ‘never’ indulge in gang rape in front of his nephew as this is not possible in Indian culture, we witness the absolute lack of credibility attached to the testimony of victims. Even after all this ordeal, more often than not the accused walks free or is given a minimal punishment. The callous non-serious attitude of the administration makes it harder for the victim to get justice. When political leaders use words like “legitimate rape”, “men will be men”, there is a tendency to grade rape in terms of justification. When political leaders question the character of rape victim and accuse her of lying just to malign the government, we get a glimpse of what women who face sexual and criminal abuse are up against.

Civil society at best feels pity for such victims who have lost their virginity and hence purity after being raped. News channels do their bit of damage by sensationalizing reporting on rape for the lust of a few TRPs. The dehumanizing attack that a woman goes through doesn’t mean much to a society where women’s sexuality is a thing to be controlled and regulated. Many a time families don’t even go to court because of concern that no suitable match will be found for the victim. Victims are also discouraged to pursue legal action because the conviction rate continues to be abysmally low – around 26%. Laws have been made to counter sexual crimes. But the statistics is not encouraging. Despite several protests after the Nirbhaya incident, the number of rape cases has almost doubled from 585 in 2012 to 1441 in 2013. According to National Crime Records Bureau, 93 women are raped everyday. This is depressing when we consider that too many cases still go unreported.

Many have pointed out there are cases of fake rape accusations. It may be ture. One cannot point out a law that has not been misused even once. But can that be a reason enough of doubting every victim as a potential manipulator?? In a country where leave alone sex, even romantic relationships are difficult to talk about, a woman reporting a rape must be taken seriously and not outrightly dismissed. When one starts doubting victims by pointing out technicalities like the victim knew the ‘alleged’ perpetrator well, they were even friends or in a relationship, or by pointing out gaps in the testimony of the victims, one is conveniently overlooking the fact that most rapists (almost 94% according to NCRB) are known to their victims. And many neuroscientists have pointed out that reconstructing a traumatic incident often takes a toll on the victim. It is next to impossible to recount such an incident in a detached objective manner.

Sensitizing the system towards gender just issues is the first step in delivering justice to rape survivors. While one cannot deny the fact that rape accusation might be used to target people from weaker sections of the society, that cannot be the sole basis of dismissing such complaints. Along with stricter laws, an overhaul of social attitude and a thorough sensitization is the need of the hour. What is required is that when we read a report in newspaper about rape, we must start by believing rather than questioning. When we hear a rape joke, we must start with condemning rather than laughing. Only then we can move towards a more gender just society where systems and institutions are not inherently biased against women.

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