In a harrowing precedent, the Indian Supreme Court has contemptibly and erroneously refused to charge a person for attempted rape under the IPC. In other words, unless there are glaring signs of forced penile/vaginal penetration, good ol’ violence, molestation, and other kinds of sexual abuse including the abuse by using fingers, bottles, sharp instruments and god knows other crap thrust into the various orifices of the victim just doesn’t cut it. So what IS a person who commits everything pertaining to sexual abuse and molestation on their victim EXCEPT inserting their sexual organ (of course), convicted with? Well, according to the Supreme Court, the offence is punishable IF the perpetrator/s intended to outrage a woman’s modesty or they possessed the knowledge that their actions will result in the tenability of the woman losing her virtuosity.
What a steaming pile of horseshit.
And it gets better.
When asked about the nonsensical ‘modesty’ bit, the judges actually had the nerve to back it up by the most asinine statement I’ve heard all year; that a girl bears from birth the peculiarity of her gender, which is modesty.
Um hello, is this the court of Aurangazeb? Can someone please tell these judges that we are not, repeat not living in circa 17th century A.D?
Isn’t this another cog in the classic ‘blame the victim or if you can’t, at least protect the rapist - oh excuse me - man who wanted to rape but thanks to an extremely convenient imbecilic technicality - is not’ fest?
Isn’t that the case in most rape cases being reported today? A foreseeable accusation game follows the rape, where everything and its dog get blamed, except the rapist. To my mind it is unfathomable that the whole caboodle from the weather to the victims clothes, to her behavior to where she was and with whom she was, her stilettos, her short skirt, her drinking, her non-drinking, her very presence, brings about extreme scrutiny but not the rapist. The rapist is invisible, ignored even and his actions do not merit even a whit of criticism. Of course, even if there is a miniscule window of opportunity to vindicate the accused, the spotlight will instantaneously shine on the rapist and his life in order to prove how ‘normal’ he was and how the rape victim was just a whore who came along and pressured him into raping her or abusing her i.e. creating a wave of rapist sympathy just to show that the victim was ‘asking for it’.
How about shifting the onus of the blame to the actual cause of rape: the rapists?
That’s right, rapists cause rape. Not the length of the victim’s skirt, not the amount she’s had to drink, not the dark alley she chooses to walk in, not the place where she chooses to be, not the parties she chooses to attend, not the company she chooses to keep, but the person who actually commits.the.crime i.e. THE RAPIST, causes rape.
If you belong to those groups who ‘care’ for the woman’s welfare and dole out patronizing advice on how she ought to protect herself against getting raped then wake up, honorary members-of-rape-perpetuators because that’s exactly what you’re doing, perpetuating rape by focusing on how the victim moves, breathes and acts and letting yet another rapist go under the radar with your cloying concern. Do you actually believe that by taking away a bit of the woman’s freedom (which is what you’re doing, by the way), the raping will stop? What about the countries where the woman is covered from head to toe in a burqha or a similar kind of garment where you can’t even see her wrists let alone the shape of the dress or anything else? Even in those countries, rape happens AND the women are being castigated for it. So you can argue all you want about the victim and completely ignore the rapist and what the rapist does and THAT is why we haven’t moved towards a way of decisively reducing or ending rape. Instead, rape has become a quagmire of ifs and buts and what ifs and the only person who benefits from all these tedious discussions and deliberations is the rapist. It is ridiculous to constantly ‘advice’ the woman on how she should always behave as if there is a rapist lurking around every corner. It makes it look as if women are insensate, half-witted dopes who are moronic enough to not know that rape happens.
Frankly, it is insulting to offer women such pitiful guidance for the sake of their so called wellbeing and it completely disregards the fact that men rape women. It discounts the actions of the rapist as if his actions are so utterly normal and A-ok that it’s a fact of life and we can do absolutely nothing to stop him and so we must plan around his actions or plan to circumvent him.
Why must we act as if rape is so inexorable that we must find ways to work around it?
Is it because we live in a culture of ‘boys will be boys’, a culture where the bar is set so low for the men that they have nothing to prove, resulting in their actions being rendered completely and totally inconspicuous?