A heinous act and crime, rape, causes immense emotional, psychological, and physical pain and anguish to its victims. Misusing rape laws can have injustice and discrimination for men and can have repercussions for those accused of rape or sexual offenses. Although voicing against sexual violence and protecting its victims is crucial, preventing the misuse of rape laws in India must not be unaddressed.
The possibility of rape laws in India has become a significant concern since it tarnishes the identity, self-respect, confidence, and overall life of an accused. Facing the consequences of false accusations and experiencing trauma is injustice as it dramatically affects the psychological, social, and physical well-being of an individual.
A comprehensive legal framework is necessary to protect against the misuse of laws, law abuse, and the rights of the accused. The critical issues that require addressing are the bail availability in rape cases since it arises as a significant component in guaranteeing an impartial judgment in the legal procedure.
Let us check and learn how Monica Garkhel explains the rape laws, its misuse, potential solutions, and how to prevent rape laws in India.
Understanding Rape Laws
Rape, a forceful sexual intercourse or sexual abuse, is a punishable crime or criminal activity in India. Many rape laws and amendments are being made, including not accounting the sexual intercourse as rape when it is performed with a spouse over fifteen years.
- The Indian Penal Code (IPC), 1860, legally defines the term “Rape” and its punishment under section 375. An engagement or penetration of sexual intercourse by a male with a female without her will or consent is considered rape.
- The Indian Penal Code under section 228A states that rape victims’ names shall not be disclosed, and people revealing it would be subject to punishment with a fine or a term description for up to two years.
- As per the Indian Evidence Act under section 114-A, specific rape prosecutions may be presumed as the consent absence.
- Code of Criminal Procedure under section 53(1), when an arrest is made for a rape offense, registering a medical practitioner is lawful when the associated circumstances are grounded and reasonable that the examination can justify the occurrence of the crime.
- Code of Criminal Procedure under section 164A provides medical examination provisions for the rape victims.
- The Code of Criminal Procedure, under section 327(2), provides a camera trial option for rape victims.
How Rape Laws Are Misused?
A person untruthfully or falsely claiming and accusing someone of forceful sexual intercourse to benefit from legal proceedings, settle personal anger, or seek revenge, is a misuse of rape laws. Such inappropriateness and misuse have severe trauma and consequences for the accused and significantly affect the credibility and validity of lawsuits for actual rape incidents.
The accusers might face injustice since they may be imprisoned while losing their reputation and facing social stigma. The social stigma frequently places the weight of evidence on the charged person.
Therefore, innocent people are accused due to evidence lack, and prolonged legal proceedings greatly protect against false accusers and let people misuse rape laws.
How To Prevent Misuse Of Rape Laws In India?
Misuse of rape laws can be significantly prevented by conducting thorough and impartial investigations. The thoroughness and fairness can help the Indian legal system determine the truth, contain false allegations, and avoid erroneous convictions.
Impartial investigations can protect the rights of victims and accused and promote justice while safeguarding the rape laws’ integrity. It balances the opportunities for the accused to present their innocence and defend themselves while respecting the notion of innocence.
Strengthening Legal Framework
Rape laws misuse can be prevented by strengthening the Indian legal framework to provide a reasonable and fair jurisdiction for sexual abuse. Training, education, and awareness of prosecutors, judges, and law enforcement officers can strengthen the system.
Devoting adequate resources for thorough and complete prosecutions and investigations can encourage them to be fair with the falsely accused person.
Financially supporting victims of false accusations must be provided as it is for the sexual crimes and rape victims. The Indian legal system must stop this support during crime registration; they must give it at the trial’s completion.
The legal framework must equally treat people experiencing false accusations and rape, and they should give equal psychological, emotional, and legal support and assistance for rebuilding their confidence and career.
Updating And Reviewing Laws
Regularly updating and reviewing sexual crimes and rape laws while considering research and the latest trends of sexual violence can ensure their reflectiveness of the present societal values and attitudes.
Punishment For False Accusers
The pleas from false accusers must be recognised and addressed, and severe action and punishments must be given for misusing rape laws. It will protect the rights of accused persons and will deter people from misusing rape laws and false accusations of sexual violence.
Consequences Of Misusing Rape Laws In India?
Many psychological, social, professional, emotional, and physical consequences occur when a person falsely accuses someone of a sexual crime or rape. This punishable crime has far-reaching implications for people experiencing false accusations. The survivors of genuine rape cases are also affected due to the prevalence of misusing rape laws in India.
The genuine rape victims also face distrust and skepticism as it significantly promotes the injustice cycle while inhibiting and weakening the actual people to report these despicable crimes. The lives of innocent victims are also greatly affected as they experience irreversible harm in their professional and personal lives.
Preventing rape laws misuse is crucial for impartial and fair legal proceedings. The balanced approach of impartial investigations, strengthening legal framework, supporting victims, updating and reviewing laws, and punishment for false accusers can significantly prevent misuse of rape laws.
Raising public awareness and promoting neutral laws for victims of false accusations and sexual assault can promote justice and impartial judgment. Monica Garkhel proficiently and efficiently handles and provides legal consultation on sexual assault and rape cases while protecting the rights of the victims and the accused.
So, reach out today and learn how to prevent the misuse of rape laws through their expertise and proficient legal consultation.