Page 25 - January 2020 IIssue new year
P. 25

Changing Facets Of Sexual Offences - An Indian Outlook



        Judicial Officers attending  a traumatic life. Its grav-                  to be treated with dignity
        the party and freely mix-            ity is not in the injury to          and compassion and as-
        ing around with criminals  the body, alone but in the                     sured that their decision of

        of the wanted category.              injury to self-esteem and            getting the accused to the
        When the custodians of               self-respect. The physical           book is respected.

        law are hand in glove with  battling and assault which
                           those who         accompany rape are not               The prevailing view,
                           are actually  only what constitutes rape  which with great respect

                           running           but it is the injuries added  needs reconsideration is,
                           the whole         to the insult.                       that women who cannot

                           criminal                                               be held as chaste or inno-
                           show what         Victims of this sexual               cent are not raped as their
                           can be the        assault have survived a              consent is presumed. Rape

                           fate of the       horrifying, humiliating,             has nothing to do with in-
                           rights of         degrading, brutalizing,              nocence and chastity, nor

                           the weaker  angering, demeaning and                    does it require blood to be
                           sex.              dehumanizing experience.  spilt or minds to be lost.
                                             Rape is the most serious             The act of rape is the most

                           Rape              violation of a person’s              violent abuse of a wom-
                                             body because it deprives             an’s body, privacy, modes-

                           While all         the victims of both physi-           ty, autonomy and will. It is
                           rapes re-         cal and emotional privacy  an act of unrestrained hos-
                           sult in total  and autonomy. When the                  tility and anger, an assault

                           emotional         offence of rape occurs, the  unique in the degradation
                           devastation,  victim’s sense of self as                it inflicts. The suffering,

                           child rapes  well as her body is abused  mental agony and trauma
                           particularly without consent. She loses  it causes is profound and
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                                             her most basic human                 the scars that are imprint-
         inflict gross physical              need right: Control of her           ed on the memory of vic-
        damage on the victim.                physical and emotional of  tim never heal completely.

        Rape is the most hor-                self. The victim’s psycho-           The community and the
        rendous of the sexual                logical response to rape             law must be responsible
        offences even more disas-            primarily reflects her reac- for the scarcely veiled

        ters than murder for the             tion to violation of self.           threat “They’ll never be-
        victim continues to lead             Therefore, they deserve              lieve you.”



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