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Rape its conseques in india
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The rape laws found in India before 1983 were not stringent enough which used to lead to absurd judgements by the judges based on the laws available to them , many a times the accused were not held liable to commit any offence against the victim because of poor Evidence act and also the way rape was defined and also how the consent was taken into consideration in the announcement of the judgements , the age of consent kept could not get most of the victims any justice. The Mathura Rape case judgement was seen as the most absurd judgement and which also depicted clear need for new laws to be amended or at least a little expansion in the laws was needed so that the judgements can be in favour of the victims. Laws providing stringent punishment was also a necessity clearly to at least get the crime rate decrease. But even the new laws had some loopholes which ere discussed to be changed but not much were acted upon , until the 16 December,2012 Nirbhaya Rape case which called in a serious need for changes in the laws to make them more stringent for the people committing offences, the main question is as to how much the new amendments help in protecting women, as , it’s not only the laws that needs …show more content…
Even after the changes in the laws and more stringent laws, Delhi continues to be the most unsafe city and also the reports show that the number of rapes went from 585 in 2012 to 1,441 in 2013. Delhi is said to be followed by Mumbai, Jaipur and Pune as most unsafe cities. If states are counted then in, 2013, Madhya Pradesh was revealed as the most rape cases recorded state among all other states with about 4,335 reported rape cases. It was followed by Rajasthan (3285), Maharashtra (3063) and Uttar Pradesh (3050). These stats also very well explain that the only changes in law cannot be of much help till the time society plans on changing their attitude towards
As Estrich demonstrates, the law on rape has major flaws. The law exposes traditions and attitudes that surround women and sex. It condones the idea that sex contains male aggression and female passivity. The law uses three different criteria to label an act of sex as rape: mens rea, force, and consent. Estrich feels that these features demonstrate sexist attitudes within the law. Our legal system abandon’s mens rea which is Latin for “guilty state of the mind.” It is the perpetrator’s ability to understand force and non-consent. A woman must demonstrate resistance. The man can escape by stating he did not realize the woman was not consenting. So, the court turns to the woman to see if she provided proper evidence that she did not consent to the sex.
In conclusion, Rape Shield laws are in place to protect the victims, sometimes it works and at other times the victim can be ridiculed and their past can be advertised, due to many holes and ways around the
Rape Shield Laws Facing with much criticism from women’s group with the legal definitions of rape and how rape cases are being processed in the legal system, the government is forced to pass a Rape Law reform in the 1970s. Rape law reform urging courts to treat rape case the same as other crimes, rape law reforms modified traditional rape laws and ratified evidentiary reforms in every state in the United States. The most common and widespread changes occurred in three areas. First, rape was redefined so that there was no longer a single crime of rape.
workers and the position of supervisor is instantly given an incredible amount more power taking
Sexual harassment is defined by the U.S. Equal Employment Opportunity Commission as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature” (EEOC). In many cases, these can be hostile, aggressive, and violent. However, harassment does not have to be overtly sexual to be unlawful. It can include repeated offensive comments and verbal abuse. When sexual harassment occurs in the workplace, it can create an intimidating situation from which the victim feels he or she cannot escape.
“Before the rape I felt good. My life was in order. I was getting ready to get married. Afterward everything changed. I kind of lost who I was as a person…
Karen Horney was born September 16, 1885, to Clotilde and Berndt Wackels Danielson. Her father was a ship's captain, a religious man, and an authoritarian. Her mother, who was known as Sonni, was a very different person -- Berndt's second wife, 19 years his junior, and considerably more urbane. Horney's childhood was one of some distress. She felt like her father loved and respected her brother much more than he did of her. Yet he would take her on sea trips with him, and would buy gifts for her. She distanced her self from her father, and grew to recent him. She turned to her mother who gave her the love and respect that she desired.
Once a victim of rape, your life is irrevocably changed, but the life of your assailant remains unmoved. The harsh reality is that the UK’s justice system is in favour of rapists and not the victims. I know this sounds like a heavy assertion but the truth is that the victim is likely to face a lifetime of torment whereas the oppressor gets off more lightly. According to the Guardian, Ministry of Justice figures shows that rape sentence now holds the average of 8 years. 8 years! Do you think this fleeting sentence is enough, enough to compensate for the mental, physiological and physical trauma that a victim has to go through? Well, personally I think this leniency is disrespectful, deplorable and reprehensible! While rapists are able to
To comprehend the underlying levels of conviction, there are unfortunate factors from the police, the criminal justice system, the probability of evidence and issue of consent that make convictions immensely difficult to prove. This essay will investigate those measures showing the contrasts of rape and why it is tricky to prove rape occurred without consent, without any corroborative evidence, attitudes of police towards rape victims, the victims withdrawing their report due to personal circumstances and the handling of victims in court, that lead to many offenders having a non-custodial sentence or being acquitted of a rape charge. In the first paragraph, I will explain what constitutes rape and the variations of relationships in which rape is committed. The Sexual Offences Act 2003 (the Act) came into force on the 1st May 2004. The purpose of the Act was to strengthen and modernise the law on sexual offences, whilst improving preventative measures and the protection of individuals from sexual offenders.
Recently, a horrendous gang rape and murder case in India has caused many people to speak out against sex crimes. A female medical student was beaten with metal rods, raped, and then thrown from a moving bus by four men. In response, many people have called for stricter laws dealing with sexual violence. This has also lead to some focus on the sex trafficking aspect of sexual violence. In an article by the Editorial Board of the New York Times, issues of enforcement were brought to light by explaining that sex trafficking is growing in India because of extreme poverty, “a gender imbalance resulting from sex-selective abortion practices,” and “India’s affluence.” The writers of “Sex Trafficking in India” adequately argue that in order to solve the issue of sex trafficking there needs to be stricter enforcement of existing laws that deal with sex crimes by appealing to their intended audience through statistics, expert testimonies, cause and effect, and descriptive language.
Statutory rape laws are valuable in protecting the rights of minors. Possibly, if the laws were revamped to suit the changing attitudes’ of modern society, the law would be more effective. In place of worrying about the misinterpreted claims of statutory rape, prosecutors can focus on the more crucial cases. With more defined modern guidelines, society would be aware of the laws regarding statutory rape and some more pleased. Statutory rape laws are no longer used to prohibit teenagers from having sex. Instead, the regulations are to make certain that the teenagers who are having sexual intercourse are not unknowingly being emotionally forced into it by their significantly older partner’s power. Ideally, statutory rape laws can only improved the lives of teenagers.
Man charged with the rape of 31 women in New York! Ever caught the headline of a crime that occurred and wondered how a person could possibly commit such a heinous act against another person? This is the job of a criminologist. To study crimes, criminals, victims, environmental and social factors, etc. in order to come up with theories and reasons as to why people commit acts against others (Brotherton). Criminology is not a new concept, but it is an evolving one. For this reason many theories have derived from sociologist and psychologist as to why crimes are committed, who commits them, and other the factors that played a role. Take for instance the crime rape. Rape is an unwanted sexual act performed upon another individual by force, deception or while under the influence of a substance. While most rape victims are known to be women, this crime has been expanded to include rape against a man or a person of the same sex. Rape is not an easy concept to deal with, nor is dealing with a rapist. For the purpose of this paper, rape will be explained by three theories, biological, psychological and rational choice theory, all of which criminologist have deemed are fitting of the crime.
It is very important that we are invulnerable to rape. Rape can happen to anyone at any time. Rape prevention strategies help to decrease the risk, but the risk never drops to zero percent. In our society of rape myths, gender ideology, and exposure of sex in the media, especially in advertising, and especially when it involves violence, rape will be in our culture for a long time. Our culture promotes this brand of sexuality and we turn our cheeks to rape and any negative form of sex.
Is anyone truly a stranger to nightmares? Has anyone not woken up in a feverish sweat with a racing pulse or pounding heart? Whose eyes have never wildly searched their room for the phantoms of a dream? Now, what if the familiar consolation of learning it was all in your head never came? How do you wake up from a nightmare that is, in fact, a reality? I think I’m getting ahead of myself. What I mean to say is, I was raped, and rape is a nightmare.
Sheikh, Danish. “The Road to Decriminalization: Litigating India's Anti-Sodomy Law.” Yale Human Rights and Development Journal. 16.1 (2014): 104-132. Web. 12 Apr. 2014. .