There are several reasons why men may face discrimination or injustice under laws related to rape and sexual assault. Some of these reasons include:
Lack of due process: In some cases, men may not be given a fair trial or denied the opportunity to present evidence in their defence. This can happen when the legal system is not equipped to handle cases of false accusations, when the word of the woman is taken as the Gospel’s truth, or when there is a presumption of guilt, like in POCSO cases.
False accusations: According to various studies done by the Delhi Commission of Women, Rajasthan State Women Commission, and The Hindu on Rape cases, it is estimated that 50 – 79% of rape accusations are false. This means that a significant number of men are falsely accused of rape each year.
Different levels of power: In some cases, Rape and Molestation and Sexual Harassment Laws can be used to discriminate against men in situations where the alleged victim and the accused have different levels of power or influence. This can happen when the laws are not applied equally or used as a tool of manipulation or retribution.
Lack of gender-neutrality: Laws related to rape and sexual crimes are discriminatory as they are not gender-neutral and do not take into account the possibility of male victims of rape or sexual crimes. Various studies have shown that male children are equally prone to sexual assault as female children. This said, in POCSO cases, male children are not provided the same kind of sensitivity as female children. Rape, Molestation and Sexual Harassment Laws or even laws like Stalking are not gender neutral.
It’s also important to note that these issues are not only limited to India; in other developing countries or even developed countries like the USA, the UK and Australia, the legal system is not well equipped to handle these cases, and it’s even harder to prove innocence. (Disclaimer: I don’t follow news from other countries to give any statistics.)
It’s important to remember that these issues should not be used to undermine the problem of sexual violence or the importance of laws to protect the victims but rather highlight the need for fair and balanced laws that do not discriminate against men as a group, and that it provides equal protection and justice for all.
Several steps can be taken to ensure that laws related to rape and sexual assault are not misused:
Provide fair and impartial investigations: To ensure that men are not falsely accused of rape or sexual assault, investigations should be conducted fairly and impartially. This means that evidence should be collected and evaluated objectively and that the accused should be allowed to present evidence in their defence. Arrest should not be the first step in such cases, where there is no risk of a man running away from the legal system; bail should be granted immediately and at the level of the police station itself.
Strengthen the legal system: The legal system should be strengthened to ensure that cases of rape and sexual assault are handled correctly. This includes providing proper training for police, prosecutors, and judges, as well as ensuring that there are adequate resources to investigate and prosecute these cases.
Gender-neutral laws: Laws related to Rape and sexual crimes should be gender-neutral and take into account the possibility of male victims of Rape or sexual crimes. This means that the laws should be equally applicable to men and women and should not discriminate against men as a class.
Education: There should be education and awareness-raising campaigns for the public about what constitutes Rape or sexual crimes, the laws in place and the consequences of false accusations.
Support for Victims of False Accusation: As in India, financial support is provided for victims of Rape and sexual crimes; the same should be provided at the end of the trial when it is proved that the particular female is a victim of sexual assault. The practice of providing financial support at the time of registration of crime should be stopped. This said, support, including emotional and psychological support, rebuilding lost careers, and legal assistance, should be provided to victims of false accusations, and the same should be made a law.
Review and update laws regularly: Regular review and updates of laws related to Rape and sexual crimes to take into account the latest research and trends in sexual violence and to ensure that they are reflective of current societal attitudes. For example, Rape on a marriage promise should be excluded from the definition of Rape statutorily. For example, the laws related to Sexual Crimes should be updated every ten years.
Encourage reporting: Encourage people to report extortion in the name of Rape and sexual violence and to provide them with the necessary support and protection. Also, this can help reduce the number of false accusations.
Punish false accusers: False accusations should be taken seriously and punished accordingly. This will deter people from falsely accusing someone of Rape or sexual assault and will also help to protect the rights of the accused. #FalseRape #FalseCases #FakeRape
It’s important to remember that these steps are not a guarantee that rape laws will not be misused, but they can help to reduce the risk of misuse and ensure that the rules are applied fairly and impartially.
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