being arrested for rape. It is ironical that a police force that is normally so
reluctant to file a First Information Report (FIR), is always prompt to register a
sexual offence – often before any meaningful attestation of the facts can be made.
It makes me wonder if, sometimes in the process, an indelible social stigma is
being imprinted on some individuals who may later turn out to be innocent.
In both cases, it is possible that the first assault may have come as a shock and
surprise to the girls involved. But how can one explain the repeat visits to the
‘scene of the crime’? Even a girl with very limited intelligence would have known
what lay in store for her. It is not as if she was bound and gagged before being
taken there. The usual explanation offered is that the ‘victim’ was threatened
with dire consequences if she squealed. But I don’t quite buy that. My guess is
that these young girls, usually from a background where intimate interaction with
the opposite sex is frowned upon, are not adverse to a small sexual adventure. It
is the old maxim of forbidden fruit tasting extra sweet. It is only when things
get out of hand – or there is a danger of imminent discovery – that the girls
suddenly muster up the courage to report their tormenters. Since the girls’
‘reputations’ are of paramount importance, in the context of future marriage
prospects, it would be very convenient to portray themselves as victims.
I am not implying that this is always the case. In fact, it may well be the
exception to the rule. But I do believe it is rash on the part of the police to
take the ‘victim’s’ accusations as gospel; and rush to summary judgment. Supposing
it later turns out that the ‘rapist’ was innocent after all. Will that make
everything all right? Women are not the only ones who have to worry about their
reputations. In India’s conservative society, appearances count for everything –
and family honour is of vital importance. The acquitted man will always be viewed
with suspicion by his neighbours; and shunned by their wives and daughters. Does
he deserve that? The situation can even become lethal in some backward villages,
where the man is sometimes lynched by the villagers, based solely on the
‘assaulted’ girl’s hysterical accusations.
In most criminal cases, the premise that there are two sides to every story is
generally followed. But a cry of rape always seems to elicit an illogical and
hysterical response. The general public generally presumes that the accused party
must be guilty; often based on nothing more than hearsay. Rape is a deadly serious
matter indeed. It should be treated with the gravity it deserves.
(The above article was written for Indian readers, but I would be interested to
know how a similar situation would play out in the US.)