Introduction
1972 Mathura Gang Rape
1997 Bhanwari Devi Case
2017 Nirbhaya Gang Rape
2019 Hyderabad rape-murder
2024 murder and rape of R. G. Kar’s Post Graduate Trainee “Abhaya”.
“Yatraitaastu na pujyante sarvaastatrafalaah kriyaah“, which translates to “Where women are not respected, all actions remain unfruitful”. This ancient wisdom serves as a reminder that the growing number of heinous rape cases is not only a grave injustice to the victims but also a profound failure of our society, reflecting the dire consequences of disregarding the respect and dignity that every woman deserves.
Given the gravity of the R. G. Kar issue, it is imperative that we discuss and address the rampant sexual offenses against women, particularly the heinous crime of rape, to ensure a safer society. Contrary to the common belief that rape is mostly committed by strangers, research shows that a significant number of rape incidents are actually perpetrated by individuals known to the victim. Addressing this issue demands a comprehensive approach that tackles behavioural factors and strengthens institutional responsibilities.
Rape: Understanding Its Wrongfulness and Harm
Rape is a term that resonates deeply in our society. We hold candlelight vigils and protest for justice, whether for Nirbhaya in Delhi or Abhaya in West Bengal following the R.G. Kar case. However, do we truly understand what rape is, why it is considered so heinous, its causes, and the measures for prevention and response after the crime?
As per §63, a modified version of §375, rape occurs when a man has sexual acts with a woman under the following circumstances:
- Against her will.
- Without her consent.
- With consent obtained through fear or deceit.
- When the woman is mentally incapacitated or intoxicated.
- When she is under eighteen, regardless of consent.
- When she is unable to communicate her consent.
Married women above the age of 18 do not fall under the purview of this legal definition. Medical intervention doesn’t constitute rape.
Understanding why rape is wrong requires us to recognize that if we base our condemnation on flawed reasons—such as gender norms, gender-based boundaries, or cultural limitations—we commit a fundamental error. In a way, the victim is always the cause of the crime, that is what the outcome is of erred reasons. Victim-blaming can be explained through attribution bias theory, where individuals make internal attributions to explain a victim’s behaviour, rather than considering external factors. Examples of victim-blaming include: “Why was she out so late?” suggesting the victim’s timing excuses the assault; “Why was she alone at night?” implying solitude invites violence; “What was she wearing?” blaming attire; and “Was she intoxicated?” focusing on her state rather than the perpetrator’s actions.
The true reason rape is wrong lies in its role as a manifestation of a broader societal illness, driven by power imbalances across caste, class, gender, politics, and identity. This violent act often reflects entrenched inequalities and societal structures that perpetuate control and dominance, using sexual violence as a means of asserting power. Many perpetrators may not fully grasp the wrongness of their actions. Therefore, it is crucial to focus on improving mental health, fostering open group discussions free from the influence of law enforcement or political institutions, and addressing the root causes of these societal issues.
Behavioural Aspects and Institutional Responsibilities
The psychological and behavioural aspects of rape are complex and multifaceted, impacting both survivors and perpetrators. Understanding these dynamics is essential for addressing the issue effectively, particularly when considering institutional responsibilities in supporting victims and preventing future assaults.
Survivors of rape often experience profound psychological trauma, which can manifest in various emotional responses such as anxiety, depression, and feelings of violation. Research indicates that rape victims frequently report higher levels of anxiety and depression compared to non-abused individuals, with many struggling with post-traumatic stress disorder (PTSD), self-blame, and a diminished sense of social confidence.
Understanding perpetrators’ behaviour is vital for prevention. Research indicates that many rapists exhibit entitlement, aggression, and deficient empathy. These tendencies often arise from societal norms that tacitly condone violence against women, personal trauma, and psychological pathology.
To address these behavioural aspects effectively, institutions like law enforcement, the judiciary, and social service providers must actively support survivors. They should offer psychological counselling, ensure a sensitive and supportive environment, and encourage reporting and justice without exacerbating trauma. Additionally, these institutions must engage in community education to address the root causes of sexual violence and shift harmful societal norms and behaviours.
Sweden and Norway have trauma-informed frameworks offering holistic support to survivors. Canada has implemented trauma-informed training for police to prevent re-traumatization. Australia uses online portals for anonymous and simplified reporting of sexual violence. South Africa’s specialized sexual offences courts expedite cases and ensure swift justice. The Netherlands and Finland teach consent and gender equality from a young age. Germany uses multi-disciplinary teams to support survivors through coordinated care. France provides immediate shelter and long-term support to survivors.
Pre-emptive Measures for Potential Victims
To enhance safety and reduce the risk of sexual violence, several pre-emptive measures can be implemented. CCTV Surveillance is crucial for deterring potential offenders and providing evidence if an incident occurs. Panic Buttons installed in high-risk areas can alert authorities instantly in case of a threat. Pepper Spray and other self-defence tools are recommended for personal protection during emergencies. Ensuring Improved Lighting in public spaces and key areas helps to deter attacks and improve visibility. Additionally, Personal Safety Apps can be used to share location or send alerts to contacts if an individual feels threatened. In India, the Women and Child Development Ministry developed apps like “Himmat,” which allow users to alert authorities in real time.
Educational Strategies for Potential Perpetrators:
Addressing the root causes of sexual violence involves proactive educational strategies. Awareness Campaigns should focus on educating individuals about consent, respect, and the legal and ethical aspects of sexual violence. Legal obligations such as the Violence Against Women Act (VAWA) in the U.S. mandate educational campaigns that focus on consent and sexual violence prevention.Educational Workshops in schools, workplaces, and communities can help dismantle misconceptions about sexual violence and highlight the importance of mutual consent and healthy relationships. In Davis v. Monroe County Board of Education, have affirmed the obligation of institutions to take proactive measures in educating students and employees on sexual misconduct. Fostering Open Dialogue about power dynamics, gender equality, and respectful behaviour is essential for changing harmful attitudes. Promoting Accountability through programs that encourage personal responsibility and provide resources for behavioural change is vital. Additionally, offering Support Services for individuals dealing with aggression can help prevent future offenses.
Like Tara Kaushal wrote in her book– chip away at the foundation of the sexual violence pyramid, stone by stone. Some blocks will crumble easily, others will resist. A pillar will fall, the earth will quake, and the mud will rise. Along the way, you’ll face those loyal to the old order and those determined to preserve it. This burden of backlash is yours to bear, but you won’t be alone. Like the patriarchs, we’re a collective—united in purpose. Together, we will watch as the pyramid collapses, the old Empire turns to dust, and a new dawn rises.
Post-Crime Steps:
India’s legal framework for supporting sexual assault survivors, such as free medical care under the Criminal Law (Amendment) Act, 2013, and trauma-informed care via One-Stop Centres, faces execution challenges. Survivors often experience delays, insensitive treatment, and lack of awareness, especially in rural areas. Victim-blaming persists despite legal reforms, while forensic evidence collection is hindered by logistical issues. Reporting remains low due to fear of retaliation and distrust of law enforcement, with police accountability still a concern. Emotional support services are underfunded, inaccessible in rural areas, and culturally insensitive. Additionally, addressing long-term physical and psychological effects through regular check-ins from healthcare providers and mental health professionals is essential. Expanding access, training healthcare staff, improving police accountability, and better public education on preserving evidence are crucial for meaningful reform.
Upholding Articles 14, 15, and 21, the justice system must protect survivors from further harm or discrimination. Comprehensive support, including emotional care and legal counsel, is essential to ensure their rights are upheld throughout the judicial process, ensuring dignity and equality at every stage.
By focusing on these measures, we can better support survivors, improve safety, and foster a more compassionate, effective response to sexual assault.
Conclusion
We must acknowledge the unique experiences and needs of potential victims, survivors and perpetrators. Addressing this issue effectively requires not just awareness but a multifaceted approach: implementing pre-emptive measures, providing comprehensive support, and fostering systemic change. By recognizing and addressing the complexities of sexual violence through tailored strategies, we uphold the constitutional principles of equality and dignity, ensuring a more compassionate and effective response for everyone involved.
Author(s) Name: Sumedha Chatterjee (Department of Law, University of Calcutta)
