Page 27 - January 2020 IIssue new year
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Changing Facets Of Sexual Offences - An Indian Outlook



        the court proceedings add- al response to rape which                      advocate would not only
 B
 R      ed to and prolonged the              occurs in three phases:              be to explain to the vic-
 O      psychological stress they                                                 tim the nature of the

 W      had to suffer as a result of  - acute reaction                            proceedings, to prepare
 A      the rape itself.                                                          her for the case and to
                                                                                  assist her in the police
 R                                           - A period of integra-
 D      The Hon’ble Supreme                  tion and resolution in               station and in court but
        Court quoted from Mod-               which the victim comes               to provide her with guid-

        ern Legal Studies-Rape               to terms with feelings of            ance as to how she might
 U
 N      and the Legal Process by             guilt and anger.                     obtain help of a different
                                                                                  nature from other agen-
 I      Jennifer Temkin, 1987
 V      Edition, page 7:                     - Depression and numb-               cies, for example, mind
 E                                           ness which the victim                counseling or medical as-

 R      “It would appear that a              feels.                               sistance. It is important
 S      radical change in the at-                                                 to secure the continuity
                                                                                  of assistance by ensur-
 I      titude of defense coun-              - Some may also need
 T      sel and judges to sexual             to go through a period               ing that the same person
 Y      assault is also required.            of guilt and self-punish-            who looked after the
        Continuing education                 ment.                                complainant’s interest in

 2      programmes for judges                                                     the police station repre-
                                                                                  sents her till the end of
 0      should include re-educa-             The Hon’ble Supreme
 2      tion about sexual assault.           Court of India further in-           the case.
 0      Changes in the substantive  dicated broad parameters
        law might also be helpful            in assisting the victims of          2. Legal assistance will
        in producing new ways of  rape.                                           have to be provided at

        thinking about this type of                                               the police station since
        crime.”                              1. The complainants                  the victim of sexual as-
                                             of sexual assault cases              sault might very well be

        And Fox and Scherl, who              should be provided                   in a distressed state upon
        studied “Patterns of re-             with legal representa-               arrival at the police sta-

        sponse among victims of              tion. It is important to             tion. The guidance and
        rape.” offered suggestions  have someone who is                           support of a lawyer at
        to help victims through the  well-acquainted with the  this stage and whilst she

        various stages of reaction.  criminal justice system.                     was being questioned
        There is a typical emotion- The role of the victim’s                      would be of great assis-



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