Time to amend rape law?

All the acts encompassing rape (IPC 375,6) are cognizable offence, once accused of this crime , there is no provision of bail (non bailable offence). Such laws are very much needed in our country where judiciary system has failed. But they are also being misused/abused by some women.

Edited by Indradhanush - 13 years ago

A person guilty of perjury is punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment. However, action against making a false statement should be initiated during the trial itself, and not at the end of it — which may take a long time. That may be a deterrent against persons who intentionally mislead the court or make false statements under oath or file tainted affidavits much against the public good. This is one of the reasons — initiating action against a person for perjury after the trial is over — why in India several perjury cases go totally unnoticed as a fresh trial begins on perjury running into years.

Its just possible that Shiney's maid has changed her earlier statement under duress but Subramaniam's maids accusation seems to be motivated as she made the accusation after she was charged with theft . Each case needs to be examined judiciously  to prevent miscarriage of justice .

Personally, I don't think there is anything wrong with the rape law. In fact rape is a very serious crime and I feel that the rape laws in India should be made more stringent. For example many rapes like marital rape, rape under coercion, statutory rape etc are often not as well addressed in India as in other countries.

 

The only changes I would suggest internationally is set degrees of rape, as they do with murder. For example gang rape, conventional physical rape should be of the highest degree and sentenced twenty to life. However, in cases where the victim claims rape after person does not provide benefits promised and such – the victim may have been coerced, tricked or blackmailed – but it is an active choice on their part too.

 

Unfortunately, too many people call rape when they change their minds or don't get what they expected. There is also a growing number of people alleging rape on rich people and celebrities to make a fast buck. It is really sad when people do this because there are still hundreds of genuine rape victims out there who are not taken seriously because people doubt the veracity of rape due to such issue. The laws that really need revamping are those of perjury and slander. There should be harsher punishments for people who file false charges of rape up to twenty years of criminal sentencing. That is because even a rape investigation or alleged rape can seriously malign a person's reputation. From a certain point of view it also aids real rapists by diluting rape and increasing doubts against those who file rape, and hence must be harshly discouraged.

 

I'm surprised how the criminal investigation did not find the false allegations of rape in Shiney's case. The maid was claiming that Shiney was drunk and attacked her. It is only in a case of recanted consensual sex where rape gets harder to prove/disprove and becomes highly circumstantial. In an assault case as the maid claims there is always physical evidence. Usually there is abrasion and/or tearing due to forced entry. There is bruising, clotting, scratches of some sort due to force used to subdue victim. DNA from skin cells, body fluids can be found on clothing worn during the assault. Usually the rapist also has wounds like scratches, bite marks, pulled hair, bruising, due to the victim fighting back. It is extremely rare that the victim did not fight back during a sexual assault. The only case when such evidence is not found is if it was consensual and then person changed mind, or if it was reported after a certain amount of time.

 

This case makes me very curious on the methodology for a rape kit and the criminal process. The first thing done when a person reports is have a rape kit done for the victim no matter how long ago the rape was. What did the rape kit on Shiney's maid say? Was the rape kit consistent with her story?

Originally posted by: return_to_hades

Was the rape kit consistent with her story?

^^ I can quote your siggy here Gauri 😆 In case Shiney lied , it applies to him for accepting something he didnt. If it is his wife who made the maid change her statement then it applies to her, if the maid really is doing it expecting money then it applies to her !

Originally posted by: angie.4u

^^ I can quote your siggy here Gauri 😆 In case Shiney lied , it applies to him for accepting something he didnt. If it is his wife who made the maid change her statement then it applies to her, if the maid really is doing it expecting money then it applies to her !

Edited by Gauri_3 - 13 years ago

Originally posted by: Gauri_3

 

Shiney admitted that he did have sex with the maid and that it was consensual.  This caused doubts about the rape kit because the semen samples, Shiney's DNA on the girl and minor scrtaching etc. could also be attributed to consensual sex. 

The maid claimed a drunken assault, if I remember. Won't there be forced entry signs and etc. I mean unless both were into rough play there is a lot of physical difference between consensual sex and rape. There is usually other evidence apart from semen as the victim's body was not physically ready for sex. If she claimed rape was she questioned on how she tried to fight him off, or prevent him from forcing himself on her? How consistent were her stories?

But then again, I watch too much L&O.

Originally posted by: return_to_hades

The maid claimed a drunken assault, if I remember. Won't there be forced entry signs and etc. I mean unless both were into rough play there is a lot of physical difference between consensual sex and rape. There is usually other evidence apart from semen as the victim's body was not physically ready for sex. If she claimed rape was she questioned on how she tried to fight him off, or prevent him from forcing himself on her? How consistent were her stories?

But then again, I watch too much L&O.

yuo should watch CID. The maid would have been paid by a little boy in a clown costume 5 lacs to frame shiney because shiney bumped into the lil boys dad and made him drop the little boys choo choo train.

Originally posted by: return_to_hades

The maid claimed a drunken assault, if I remember. Won't there be forced entry signs and etc. I mean unless both were into rough play there is a lot of physical difference between consensual sex and rape. There is usually other evidence apart from semen as the victim's body was not physically ready for sex. If she claimed rape was she questioned on how she tried to fight him off, or prevent him from forcing himself on her? How consistent were her stories?

But then again, I watch too much L&O.