Belated Rape: A Legal Afterthought.

It is about being urban, it is about Delhi Rape, Some days back I saw a frustrated lot on a TV NEWS Channel accompanied with an emotional and overboard lot discussing the RAPE situation in India. A learned host said that the percentage of conviction rate was very low and he was echoed by one actress of yesteryears by telling the conviction has to go HIGH. This situation seemed semi-knowledged or Ignorant of a wider view (or maybe these people were ordered to say so) and therefore very catastrophic for the implementation and introduction of law in future. 

If i have to express in a total layman’s language, the conviction % can go higher with numbers of false complains going down. The same can go down with a Strict MISUSE CLAUSE which is absent. With a deterrent of misuse clause, false complains will go down and only the real complains would be registered and based on merits the conviction will take place thus improving the score. Now since the base figure is low with absence of false cases registered, the dilution of conviction percentage will not occur. All the talks till date has CONVENIENTLY IGNORED the MISUSE and have highlighted the stats citing example of one gruesome case. This is worrying, counterproductive and misleading. 

Rape is not a praiseworthy act, it deserves punishment. However IF RAPE is NOT committed but one of the partner is later accused as RAPIST based on convertible (mis)interpretations, then there is a serious flaw in the law. 

Sex is a Human need. And both Female and Male come under classification as humans. A consensual sex is a consensual sex and not RAPE. Women too enjoy sex. While teenage boys refer to porn, girls too read the erotics like Mills and Boons. It is all natural. Boys chase girls and so do Girls stalk boys in all age groups with variance in degrees. 

The introduction of a stricter new law is in demand with surrogate signatures in campaigns included and anger as an undercurrent, where a male would face castration or death sentence and RAPE would also get a one sided WIDER definition.  

Whereas courts also give respect to the choice of women to choose a partner post marriage (Manju’s case from Rajasthan- who left her husband and chose to stay with her lover with acceptance of court) and punishes only man in adultery. 

Also there are cases where women have filed impotency against husband citing physical dissatisfaction. It is established that sex is an important element in lives of women too. The fear is that in an overboard anger and excitement, one may create another law with a Major Bug that might leave misuse open like a 498a-406, 125 or DV Act. This reminded me of Sameer (Name Changed) who came with a similar case in SIF Meetings Mumbai. He was not charged of RAPE but yes he was coaxed in to casual physical relations by a lady slightly elder to him who then wanted him to pay her monthly maintenance through court under DV Act. 

With facts quoted in various journals that Women in her mid 30’s enjoy the peak of her sexuality like a teenage male. And the growing divorce rates along with living in and untabooing of consensual sex in the same age group, the misuse of law by misinterpretation cannot be ignored. Rape registered based on Conditional sex and backing out of false promise contributes to majority of the cases.

Just imagine when a lady just physically attracted to her male friend gets in to a safe unconditional casual sex (be it a one night stand or regular sessions) and later pursues him to marry her, taking him by an unpleasant surprise. On his obvious refusal she calls the intercourse in the past to be RAPE, (it is actually a RAPE of her male friend as the conditions are later laid down by her), had it been conditional before, the male would have never got in to the relation at first place. Hence this is NOT RAPE, IT IS A WELL PLANNED OR SPONTANEOUS AFTERTHOUGHT that legally favours woman, and traps the man.

I would call it as a BELATED RAPE and a LEGAL AFTERTHOUGHT. This is a great weapon of choice that is left to the women, to use it to leave it based on the opportunity. 

She would enjoy sex with him but keep her options open of marrying someone else with thicker pockets “too”.  If she finds a life partner then she may keep the former as a F***Buddy or may just move on. But if she falls in love with this FBuddy guy or gets NO one better than him, she may turn her no-strings-attached offer in to a legal trap of afterthought by announcing the physical relations to the common peers and now wanting to marry the man (ATM) or convert the Consensual Sex as a RAPE as a failsafe method of making her relationship public and legally pressuring the male. Mind You the emotionally overboard courtrooms have suggested the lady’s statement as a GOSPEL TRUTH.

Afterthought is taken as a bad idea in legal fraternity and often the arguments that fall under this category are not considered. But here it is a failsafe insurance policy for the perpetual powerful abla. As the demands are favouring to make the law strongly favour to permit the convenient interpretation of converting of consensual sex to RAPE.

It would be the biggest folly in waiting to be committed in the history if such laws are passed. It is now realised that even the Nisha Sharmas and her supporters can be charged of dowry demand case. Similarly the very people vehemently wanting to talibanise the law may fall victim of its misuse in near future. 

Like the SC Said i would agree. There is no need to make the law stringent rather the implementation has to be effective and i would add the law has to be Fool Proof. 

Else, Watch out. 

-Jinesh Zaveri.