INTRODUCTION
Our society continues to be tainted by the gruesome crime of sexual assault. Sexual assault of intoxicated victims holds an alarming share of 70% of the total sexual assault cases that are reported.[1] Date rape cases fall under this category of sexual assault. To elaborate, date rape is: sexually exploiting an individual against their affirmative consent via the use of various intoxicants or narcotics. Imagine you being on a date with a person and they deceitfully intoxicates you to sexually exploit your body. The use of intoxicants eases the crime as the victim is not in their senses to contemplate the situation followed by its repercussions.
ROLE OF INTOXICANTS
The intoxicants depress the activities of brain cells also resulting in lower physical strength. On the other hand, it ignites a euphoria which is used against the victim. Due to its availability and legality, alcohol is utilized for date rape 50% of the time.[2] Date rapes are more prevalent, but not limited to clubs, pubs, restaurants, etc. The drugs that are typically utilized in this crime are notoriously known as club drugs and include Rohypnol, ketamine, GHG, alcohol, MDMA, and others.[3] Flunitrazepam, sometimes referred to as “Rohypnol,” “roofies,” or “the forget pill,” is the most well-known date rape medication. It can produce severe drunkenness and possibly death if used with alcohol, making it considerably riskier. GHB has recently come to be connected with rave parties. The effects of ketamine on the body cause temporary loss of ability to move, feel pain, or recall events while under the drug’s influence. Small dosages of GHB are believed to have stimulant and aphrodisiac effects, making them similar to those of the other “club drugs”; users of GHB feel that doing so improves the experience of being in a club or at a party.[4
UNDERSTANDING DATE RAPE
Date rape, in layman’s terms, should be included in the definition of rape. But legally for a sexual assault to constitute rape there should be absence of an affirmative consent. The issue with classifying date rape as rape is that because the victim is inebriated or narcotized, the consent for a date rape cannot be classified as consent or a non-consent. Furthermore, a person’s consent when intoxicated or narcotised is not valid. Therefore such consent should not be treated as consent. Without even realizing it, the victim participates in these acts of sexuality by following the momentum. Usually, the victim is manipulated to assenting to the sexual intercourse or the case is, the victim is neither physically nor mentally in a state to fight off against such actus reus. It is important to establish mens rea on the part of the assailant. This means that it is essential to prove that the rapist had an intention to rape (sexual intercourse against the consent of the victim) the victim. Mens rea must be demonstrated beyond a reasonable doubt to convict the defendant. This is precisely what evidentiary proof does not explicitly support. For the following reasons, establishing mens rea in date rape becomes nearly impossible: The first is that rape occurs in a context where the sole witnesses to the actus reus are the defendant and victim: Second because most date rapes involve an acquaintance, state authorities are reluctant to label such an actus reus as rape but seduction on the part of the victim because the victim wilfully accompanied the defendant on a date. The latter is motivated by societal preconceptions.
THE CONSENT CONUNDRUM
The person consenting to date has not consented to any kind of sexual indulgence. A popular trail of thought based on social prejudices is that, once a person is friendly with the other and has consented to getting boozed, then they have also consented to copulation. Forceful or non-consensual sexual intercourse gashes one’s dignity and self-respect which is why, it is purposefully particularly termed as “rape”, a punishable offence in the IPC section 375.[5] Catharine MacKinnon, a renowned feminist academic from the US, emphasized a crucial idea: “The law sees and treats women the same way that men see and treat men.”.[6] It is widely believed that non-consensual intercourse needs to showcase signs of rebuttal. These signs of rebuttal need to be evident enough that they are believed by people outside of that intimate setting. This line of reasoning is false as it staunchly believes that rebuttal is often violent, brutal, or forceful. There are fair chances of this rebuttal consisting merely of a “no”. Rebuttal is a rebuttal no matter in which form it is. This becomes far more complicated in date rapes as it usually involves an acquaintance who by default assumes a “yes” to copulation, on the part of the victim. Whether the defendant had reasonable beliefs to believe that the woman consented or not should not be the only criteria to decide upon consent. What constituted consent should be from the victim’s point of view because the victim is bearing the brunt of it. We also need to get this straight a silent submission does not hint towards sexual pleasure.[7]
A rape is a rape, therefore, treating date rape as a second-degree crime is unacceptable. Rape on a date might be more traumatizing than rape on a stranger. Whereas a stranger rape victim never trusted the rapist, a date rape victim may have known and trusted the rapist. Furthermore, the victim’s friends and relatives may be acquainted with and supportive of the rapist. As a result, they may blame the victim for putting herself in a vulnerable situation or for making a fuss.[8] Usually, these situations entail wilful drunkenness, which causes the victim to feel guilty and discourages her from taking action against the aggressor. However, the victims must collect fortitude in the face of the infamous patriarchal and chauvinist beliefs and realize that voluntary drunkenness was not consenting to be drugged and subsequently raped. The justification for being “so hard to control” from the defendant should be struck down. It is the assailant’s problem and they have no right to let others bear the brunt of their untamed, wicked behavior. It needs civilized living skills to function in society.
SHIFTING SOCIAL PERCEPTIONS
The state authorities are tasked with helping the state’s residents, thus they have a responsibility to make decisions and act per clear facts and plain legislation rather than examining the matter in light of their preconceptions and making moral determinations as a result. The authorities need not discriminate against the victims based on gender, caste, creed, race, designation, socio-economic status, and profession. A successful strategy to address the issue of dating rape is through educational activities aimed at dispelling racial and gender prejudices.[9] After all these very stringent laws to contain or control date rape might lead to an uprise of false accusations. The biggest problem is the conversation about consent and the events following thereafter fall under the grey area for evidence. Stereotypes and prejudices need to be defeated concerning both males and females. Though a man is more capable of being the assailant, provided his biological strengths, it does not make it impossible for him to be vulnerable to a woman and be a victim. Adolescents should get special attention since they are at high risk for sexual assault and coercion, both as offenders and as victims. Due to their inexperience as users and potential lack of awareness of the consequences, teenagers are most likely to consume alcohol or use drugs recklessly. Education can warn youngsters about the risks of mixing dating, drugs, and alcohol.[10] After watching a film on rape empathy rather than one about rape facts, college freshmen males who were judged to be at high risk for committing rape were more likely to alter their attitudes and behaviours in a prosocial way.[11]
CONCLUSION
We can establish a culture that values consent, respect for one another, and good relationships by developing understanding and empathy. In conclusion, combating the problem of date rape necessitates a multidimensional strategy that incorporates cultural change, education, and legal reforms. In the end, it will take all of us working together, from government agencies to educational institutions, communities, and individuals, to build a society where date rape is eradicated, consent is recognized and valued, and no one has to live in fear of becoming a victim or a perpetrator of these atrocious crimes.
Author(s) Name: Suryanshi Singh (O.P. Jindal Global University, Sonipat, Haryana)
References:
[1] Gaurav Singh et al., ‘Date Rape Drugs in Sexual Assaults: A Threat to Indian Society’ (2020) 7(7) European Journal of Molecular & Clinical Medicine 4677
[2] Gaurav Singh et al., ‘Date Rape Drugs in Sexual Assaults: A Threat to Indian Society’ (2020) 7(7) European Journal of Molecular & Clinical Medicine 4677, 4678
[3] Gaurav Singh et al., ‘Date Rape Drugs in Sexual Assaults: A Threat to Indian Society’ (2020) 7(7) European Journal of Molecular & Clinical Medicine 4677, 4679
[4] Rishi Pal and Anil Kumar Teotia, ‘Date Rape Drugs and Their Forensic Analysis: An Update’ (2010) 12(3) International Journal of Medical Toxicology & Legal Medicine 36, 36-38
[5] Harshita Kushwah, ‘The need to Reform Rape Laws – Section 375 and beyond’ (2021) 2(1) Indian Journal of Law and Legal Research 1, 3
[6] Harshita Kushwah, ‘The need to Reform Rape Laws – Section 375 and beyond’ (2021) 2(1) Indian Journal of Law and Legal Research 1, 15
[7] Lois Pineau, ‘Date Rape: A Feminist Analysis’ (1989) 8 Law & Phil 217, 221
[8] Sarah Gill, ‘Dismantling Gender and Race Stereotypes: Using Education to Prevent Date Rape’ 7 UCLA Women’s Law Journal 27, 31
[9] Sarah Gill, ‘Dismantling Gender and Race Stereotypes: Using Education to Prevent Date Rape’ 7 UCLA Women’s Law Journal 27
[10] Sarah Gill, ‘Dismantling Gender and Race Stereotypes: Using Education to Prevent Date Rape’ 7 UCLA Women’s Law Journal 27, 67
[11] Sarah Gill, ‘Dismantling Gender and Race Stereotypes: Using Education to Prevent Date Rape’ 7 UCLA Women’s Law Journal 27, 69
