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Asked by : Karamjeet Singh Saluja, Deputy Director-IPR, Federation of Indian Micro and Small & Medium enterprises
Industry : Law
Activity: Question posted: 06 18 2009 06:14:58 +0000, 7 answers, 218 views, last activity 07 06 2010 20:18:08 +0000
 
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Rape is obviously an issue but this time around I would like to discuss the huge disparity in the accounts of WHETHER THE RAPE WORD IS ENOUGH TO NAIL THE ACCUSED?????

Some men's rights advocates say that (some?) women are able to press false charges, put on an act, and ruin a man's life for a trivial or petty reason. Some feminists, on the other hand, maintain that (most?) victims are "revictimized" by the police/judicial systems.


There must be some truth to both sides of the story. This question is an honest attempt at finding out how much stock can be placed in each claim.


Feel free to note how regional or any other differences play a role …

 

 
 Top Answer :
Rating : +2 

In Roman times, rape was considered a public wrong or 'injuria publica' as opposed to a private wrong or 'injuria privita'. Till the colonial period, rape along with arson, treason and murder was a capital offense. In England in the early 14th century, a rape victim was expected to gouge out the eyes and sever the offender's testicles herself. Public perception of rape arguably changed with the 1988 movie 'The Accused' staring Jodie Foster. The movie explored issues pertaining to the legal and moral responsibility of witnesses. It also challenged the prevalent view that a scantily clad woman in a bar on her own was 'asking for it'.

There have been instances where the male was setup for personal/political/monetary gains by the woman. So, just the 'rape' word would be insufficient and unjust to carry out conviction of the accused. But, at the same time whatever lacuna that exist in the investigation and/or judicial system need to be seriously addressed. Justice, in its true meaning and spirit, must be ensured to both parties.



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by   Viktor Stephen, COO, I Entrepreneur  | 06 22 2009 00:18:56 +0000
  Answered by     Srikkanth S, Head/VP/GM-Client Servicing, Gallop Communications LLC  | 12 23 2009 07:37:26 +0000
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Its all too complicated. Considering social pressures - its only now that a few women do come across to even lodge complaints. And that too only in urban centres mostly. Let us not even get into the atrocities against women that go unreported in rural india. One question is the route going to be - is the accused " innocent until proven guilty" - or "guilty until proven innocent" in our judicial system. With kangaroo courts in rural india and media trials in urban india - justice is left so far behind - its all a muck of grey out there. Anyways - my point is - if the accused is found guilty by proper trial and thorough judicial process, by all means make the punishment excrutiating and extreme that it becomes a deterrent to others.

  Answered by     Sayan Chakraborty, Senior ERP Consultant, International Business machines  | 09 01 2009 19:55:02 +0000
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Rape cases should only be handled by FEMALE judges.

  Answered by     Devi Kaladeen, Audit Manager, Health Sector Development Unit  | 06 19 2009 04:54:18 +0000
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There must be substantial evidence to nail the accused. Fabricating a story will not work. The law will prevail.

  Answered by     Makrand Bhave, AGM - Corporate Business, E18, part of Network 18 Group  | 06 18 2009 09:21:49 +0000
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There are too many if's and buts in the system! Right or wrong is for the system to decide! I am all for punishment for such heinous crime.

  Answered by     Bindu Narayan, Product Development Manager, Care Biomedicals  | 06 18 2009 07:35:48 +0000
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I think the accused in this case should be punished and if there is no clear evidence then court should hear the both the parties and come to the conclusion, so RAPE cases should be handled effectively just because he is a celebrity or a higher official person or if he is related to them there should be no bias from judicial system and the Media the accused should be punished  and justice should prevail in such cases such that there should be no repeat of such cases in the future......

 
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