Page 29 - January 2020 IIssue new year
P. 29

Changing Facets Of Sexual Offences - An Indian Outlook


                    2. Going to a            interviewed by the po-               the heart-rate, breathing

                    hospital as soon  lice, there should always  rate, and blood-pressure
                    as possible after  be a female police officer  are used to indicate de-

                    the assault is ex- to conduct such inter-                     gree of truthfulness.
                    tremely impor-           view, considering the                Though results of poly-
                    tant for several         emotional and traumatic  graph examination are

                    reasons :-               state of the individual              not admissible in the
                    a. The victim            the questions generally              courts, but still can be

                    may need im-             asked at this time makes  quite helpful in giving
                    mediate medical  the victim recounting the  right kind of leads to the
                    attention.               assault, including what              police in their investiga-

                                             force, threats weapons,              tions.
                    b. Tests for preg- the assailant may have

                    nancy, vene-             used, questions as to                4. Plea bargaining- The
                    real disease and  what happened before                        concept of plea-bargain-
                    AIDS.                    and after the assault may  ing is new to Indian sys-

                                             also be asked, which may  tem, but although not
                    c. recording             deem harsh, invasive,                an ideal solution, it may

                    of medical for           insensitive, but which               sometimes benefit the
                    prosecution of           often are necessary for              victim. In cases where
                    the offence              investigating the crime.             it is difficult to prove
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                    committed.                                                    all the elements of the
                                             3. Lie detector test? A              higher offence for lack of

        1. Preferably, during                polygraph is a machine               sufficient evidence then
        such a sensitive stage               that measures bodily                 the prosecution may
        of after-offence care, a             functions, such as heart             plea-bargain with him to

        female attendant/nurse               rate, breathing rate                 admit his guilt in a lower
        should be the one who                blood-pressure. The ac-              offence and be liable for

        should deal with the vic-            cused person is asked                a reduced sentence. The
        tim who has undergone                firstly such questions               victim will not have to
        such physical and emo-               that have nothing to do              endure the trauma of a

        tional traumatic experi-             with the assault and then  trial through which they
        ence.                                ask question concern-                are forced to relieve the

                                             ing specific details of the  trauma once under-gone.
        2. When the victim is                assault. The changes in



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