FACTS againest MYTHS AUGUST-SEPTEMBER-2003.pdf
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JT
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VIKAS ADHYAYAN KENDRA
AUGUST - SEPTEMBER 2003 (Revised Edition)
INFORMATION BULLETIN
From Hidden to Manifest Horror:
The Myths Behind Child Sexual Abuse
COMMENT
he sexual abuse of children by adults is not a new but a long-standing culturally sanctioned offence. Right
since ancient times child prostitution, pornography and sexual abuse have been known to exist. Today the
extent of the problem is that children are bought, sold, rented out and sexually abused by adults everywhere
and used as child soldiers in war.
T
Childhood (and therefore child abuse as a particular experience of childhood) is a socially constructed phenomenon.
These social constructions are also a reflection of the relationship between the child and the state/society within
which s/he lives. In the Indian tradition childhood is generally the object of enormous amount of nurturance and
indulgence by parents and family members. As psychoanalyst and scholar, Sudhir Kakar, points out, the child is
not seen “... as a tabula rasa but as entering the world with ‘innate’ psychic dispositions from its previous life
which have already been shaped in a certain direction by the foetal experience".
Childhood in the Indian tradition however conceals two glaring omissions: the girl child and children belonging to
the Dalit community who have largely been excluded from this tradition, as indeed women and Dalits generally
have been excluded from most of the prescriptions and formulations of the Hindu traditions. In the Western
tradition, one school of thought maintains that in medieval Europe there was no conception of childhood. In such
a model children share the same fate as adults (wars, famine, plagues, etc.) without discrimination by virtue of
their younger status.
Further, most laws in ancient India failed to examine this practice
and made no attempt to eliminate it. According to the ancient
lawgiver, Kautilya, the purchase and sale of children as chattel
was not forbidden among the non-Aryans, the Mlchches. In other
civilisations, the offence included such offences like child
homicide. There are several references in the Holy Scriptures,
like the Bible, of large-scale extermination of children e.g. by
Pharaoh at the time of the birth of Moses, and by Herod at the
time of the birth of Jesus. There are also Biblical references to
child sacrifice. There is the story of Isaac, who was about to be
sacrificed by his father, Abraham, but saved by an angel. In
antiquity infanticide was a common practice that extended well
into the Middle Ages. Disability and illegitimacy were particularly
likely to condemn a child to death in a wide range of cultures
and societies. Aristotle in Politics had stated: “With regard to the
Touching a child sexually is rape*
Q FACTS against MYTHS - AUGUST - SEPTEMBER 2003
FOR PRIVATE CIRCULATION ONLY
choice between abandoning an infant or rearing it, let
there be a law that no cripple should be reared”.
Gender was another factor that in certain parts of the
world condemned the child to a short life. Female
infanticide accounted for the massive gender
imbalances during the Middle Ages in Europe (156
males to 100 females in 801; 172 males to 100 females
in 1392. Child sexual abuse, specifically, was also quite
high. ‘The child in antiquity lived his earliest years in
an atmosphere of sexual abuse. Growing up in Greece
and Rome often included being used sexually by older
men”2. Anthropologists maintain that some cultures
loan their daughters to guests as an act of hospitality.
Today, the situation of the child and Indian children in
particular is no better. In Gujarat, Rajasthan and Tamil
Nadu female infanticide and feticide is widely prevalent.
In some African countries female circumcision
continues to be practiced. Economic globalisation
further exacerbates the plight of child globally with the
electronic and entertainment media impacting
childhood as never before. These dynamics consider
children as vital elements to the needs of the modern
economy both nationally and globally. A further
paradox is that the very traditional Indian social order
that glorifies childhood sees no problems when it
discriminates between children of Brahmins and Dalits;
accepts the status quo on child labour; and denies
children the basic human right to compulsory education.
There are various explanations as what constitutes
csa with any number of definitions. Child Sexual Abuse
has been defined as:
❖ An activity relating to sex organs engaged in
for sexual gratification, which takes advantage
of, violates or deceives children or young
people. Millions of girls and even boys are
being used in prostitution, pornography,
trafficking and other forms of sexual
exploitation. Further more, their plight has a
multiplier effect since research has shown
frequently abused and exploited adolescents
and adults as abuserand exploiter themselves;
❖
Involvement of dependent, developmentally
immature children and adolescents in sexual
activities they do not normally comprehend
to which they are unable to give informed
consent, or that which violates the social
taboos of the family role;
❖ any kind of physical or mental violation of a
child with a sexual intent usually by an elder
person who is in position of trust or power visa-vis the child.
The latter definition introduced the consent of‘informed
consent’and ‘dependent’. It is the dependent nature of
children and young people that makes CSA a particular
problem.
All these definitions indicate that CSA covers the
sexual violation of both children and adolescents. The
perpetrator can be anyone who exploits the child’s
vulnerability to gain sexual gratification. It could also
include activities which do not involve direct touching.
Sexual exploitation takes different forms, viz.,
❖ Abuse of mentally and physically disabled
children;
❖ Child pornography, advertising and films;
❖ Children are abused within the context of
cultural and traditional practices such as child
marriage, etc.;
❖ Children in institutions like orphanages,
remand homes, etc. are vulnerable to sexual
abuse from those who are supposed to take
care of them;
❖ Children in situation of ethnic conflicts,
.displaced, migrant and refugee children are
particularly vulnerable to all forms of sexual
exploitation;
❖
Children are exploited as attraction in sex
tourism and are victims of a globally organised
sex trade;
❖
Child trafficking. With the advent of HIV/AIDs,
there is an increased demand for younger child
prostitutes;
❖
Child labourer, domestic workers, street
children are frequently used for the sexual
gratification of the employers and other adults.
The offence of child abuse is deeply rooted in the social,
economic, cultural and psychological fabric of society.
In some societies as in India traditional practices like
the Devadasi, Jogini systems not only prevail in some
parts of the country but also exacerbate the plight of
the sexually abused child. It is however very difficult
to estimate the actual incidences and the actual
number of child sexual abuse taking place but it is
known that ❖
Female victims are more in number than the
male victims;
❖ One out of every ten women has experienced
some sort of sexual abuse;
/*♦ Abuse during their childhood is mostly by a
•-K j known person;
❖ Social, economic and educational status is
no barrier to this form of violence and
exploitation;
❖ Caste or religion is no bar for sexual abuse.
On the question of redressal and justice to the sexually
abused child, there is neither a compressive law nor a
FACTS against MYTHS - AUGUST - SEPTEMBER 2003
2
policy to deal with the crime. Whatever legislation exists
is full of contradictions or merely on paper with the
government silent and almost inactive inspite of legal
provisions. Occasionally it acts promptly and makes
arrests but without any follow up. An exception to this
rule however is the situation of Goa. Goa is the only
state in the country to have a comprehensive law that at
least attempts to make the UN Convention of the Rights
of tahe Child enforceable. On April 30, 2003 the Goa
Assembly passed a law to this affect with the rules for
its implementation to be framed within- three months.
In July 2003 the Assembly received the governor’s
assent. A salient feature of this act is the definition of
sexual abuse which recognises that there are other forms
of sexual abuse aside from intercourse that a child may
subject to, such as oral sex, fondling a child, making
children have sex with each other and other such acts.
It also acknowledges and attempts to deal with tourism
related child sexual abuse. However, as with any such
Act, much depends on how the Goa Children’s Act is
enforced.
A number of theories abound on this form of sexual
crime. Some earlier theories were predominantly
academically- oriented or male-centred with the
misplaced tendency of placing the onus of the offence
on negligent mothers or on so-called narcissistic young
girls. In recent times however, with women survivors
beginning to assert themselves, there has been a
significant rise in the public expression and articulation
of the experience of CSA and victimisation. This has
resulted in greater awareness in the prevalence of CSA
and its associated phenomena.
The issue of CSA is a difficult area to research, since
secrecy, denial, shame and guilt are among its main
components. Further, CSA provokes strong emotions,
because it raises important issues on how children
are treated on sexuality and about power. Finally, the
ways in which child sexual abuse is constructed
conceptually, and how language is used in its
construction, determine what is visible and what is
not visible; what is seen and what is not seen; what is
known and what is not known (epistemology); how it is
understood and explained (theory); its status and value
in terms of social power relations; arid what is and is
not done about it (policy and practice).
The use of unengendered or gender-neutral language
contributes to the invisibility of men as primarily the
sexual abusers of children, and in particular to
obscuring the recognition of ordinary heterosexual
’family’ men as the majority of perpetrators of child
sexual abuse in any of the various forms;This analysis
uncovers, with respect to child sexual abuse, ‘that the
violent male is elusive, and male violence is invisible’.
For these reasons jt is imperative to establish what is
already known about the actual dimensions of CSA
and especially expose not only the misunderstanding
but some of the widespread myths on the issue.
MYTH: Children from lower economic strata are
more prone to sexual abuse and the strata of major
child molesters.
FACT: It is not just the poor but children from all
sections of society i.e. children of all classes who are
prone to such abuse as will be evident elsewhere in
this fact sheet. On the other hand, experiences from
various countries indicate that a number of cases have
come to light in which the abusers are ‘respectable’
middle and upper class persons. Street children in
these countries have revealed that they have been
sexually abused by bus conductors, truck drivers,
relatives, neighbours, etc) Reports in the Times of
India (26/8/99 & 5/10/99) cites studies that show
increasing incidence of incest, csa within middle-class
and upper middle class homes. For instance, the case
of the Sales Officer, J Pandey at a Government Dairy
Dept, at Karvi in Banda Dist., U.P. who had been found
to be sexually abusing his 11 year old daughter. He also
had had a history of battering his wife, Ila Pandey. A
public ‘hearing’ was held on the issue, shockingly
however, a demonstration was taken out by the ABVP
(Akhil Bharatiya Vidarthi Parishad) who booed the human
rights activists demanding justice for the child victim.
They complained that the activists were ‘polluting
Chitrakoot’ the Holy Land of Ram by raising such issues
of csa. They eventually succeeded in getting the culprit
bailed out. In 1993 the National Commission on Women
(NCW) headed by Ms Jayanti Patnaik was constituted
to investigate the cases of child sexual abuse and, in
particular, the case of Rahul Pandey. The NGO
supporting the mother and children was threatened and
false cases of kidnapping, theft etc., lodged against
them.
Another study on urban and Indian women, “Voices
from the Silent Zone: Women’s Experience of Incest
and Childhood Sexual Abuse’’ by RAHI, (Delhi 1997)
the National Alliance of Women (NAW) showed that
76% of women had been sexually abused in their
childhood. Of these 36% were abused by a family
member and 46% by a known person.
Attempts to uncover the extent of occurrence and break
the silence on the issue often face strong opposition
from a section of society. Those that come to public
notice are merely the tip of the iceberg indicating that
sexual abuse is not committed only by the poor,
illiterate class. In her book “Bitter Chocolate, Child
Sex&al' Abuse in India’’ by Pinki Virani showed several
cases of csa occurring in other sections of society.
For instance,
❖
In Varanasi, a middle class housewife trying
to escape from her husband and his family
for confronting him for sexually abusing their
13-year-old daughter for over a year;
❖
In Mumbai, a young upper class mother
moved every single court so that she can keep
FACTS against MYTHS - AUGUST-SEPTEMBER 2003
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her little daughter being abused by the
grandfather. Her husband at first believed her
until his father reminded him that after all he
was part of the family business and the son
kept quiet;
❖
In Mumbai, on January 26,2000 a rag picker
found a six-year-old sexually assaulted body
dumped on a garbage heap.
These cases indicate that these atrocities occur across
a wide spectrum of society. At a seminar on
“Recognising Violence Against Children In the Private
Sphere” Kiran Bedi, IPS officer also revealed that 56%
of csa occurs in the home of the victim and of the
molester.
MYTH: Child sexual abuses especially offences like
pedophilia, incest are notan Indian problem or as
widespread as in the West
FACT: Children are the most vulnerable sections of
society and are more prone to assaults or to be
victimized everywhere. Even in Indian society as will
be evident from this factsheet.
Children are easily effected by the structures of society.
Apart from their innocence presents, sweets, toys,
etc easily lure children. Moreover such children are
not at an age when they are able to express their
experiences of sex molestation or as to what exactly
happened to them even after the commissions of
criminal assault especially when they are of the tender
age group of 1 to 2 years.
MYTH: Tourism related child sexual abuse prevails
in Goa, but is not common in other parts of India.
FACT: Goa has become associated with tourism related
paedophilia for two reasons. Firstly because the first
conviction of a paedophile (Freddy Peats) took place
in Goa. Secondly because NGOs in Goa, particularly
Children’s Rights in Goa have been campaigning on
this issue. The fact is that tourism related child sexual
abuse takes place in all India’s major tourist
destinations such as Kerala, Rajasthan, Agra etc.
However, as reports indicate children are victims of
sexual abuse at a very high level. In recent times
reports of child sexual abuse in Churches by pastors
and priests are frequently being reported not just in
the West but in India too. There have been confirmed
reports by NGOs of such offences in Mumbai as well.
Not surprisingly all out attempts are made to squash
such cases. Additionally, a report in the Asian Age,
(23/8/2000) pedophile cases have risen all over Asia.
Offenders are also from Taiwan, Japan, Cambodia,
Vietnam, Thailand, Philippines and Sri Lanka. This,
inspite of the fact that only few of the reported cases
are brought to public notice, as in the cases of Freddy
Peats, Helmut Brinkman, E. McBride, the Frenchman
Dominic Sature and John Middleton through the efforts
of Child Rights in Goa, Jan Ugahi and others.
Moreover, many such cases of pedophile go undetected
because the internet is being used extensively by
pedophiles to access “easy” places to visit, like Goa,
for and only sex with children especially boys. A Delhi
based NGO reported of cases of incest among even
close-knit families in Delhi. It had stated that though
there was no official data available, the surveys
conducted by various organisations revealed that incest
is rampant in the capital.22 The following data below
will provide tangible clues to the extent of such crimes
against children. It shows that Crime Head-wise
incidence reported against children and the percentage
of variation in the registered cases during 1996 over
1995 is presented in the Table below.
As pointed out above the legal provisions provided by
the government are inadequate. There are no specific
acts dealing exclusively with csa. According to R.D.
Tyagi, Police Commissioner of Greater Mumbai says,
“9 out of every 10 cases of child sexual abuse never
make it to the police records. And those who make it
to the police records are faced with the hurdles of
(fey
ambiguity of the law. Even the fact that male child is
abused is not known to people.
MYTH: Pedophiles are homosexuals who sexually
abuse children on a regular basis.
FACT: The term ‘pedophile’ has taken on various
meanings. The word literally means ‘child love’. It has
been used to describe men (and some women) who
exhibit sexual arousal and attraction towards pre
pubertal children. When there is sexual arousal towards
post-pubertal children who are below the age of
consent, the term that has been used is ‘hebephilia’.
Sometimes, where men abuse boys, the term
‘homosexual pedophile’ is used as purported in this
claim. But this is unhelpful, as it equates ‘pedophilia’
with homosexuals. In fact, child sexual abusers
generally are more likely to be heterosexual than
homosexual. However, there are some abusers whose
preference is what they call ‘man-boy’ love who identify
themselves as ‘pedophiles’.
Further, although it is possible to construct typologies
of sex offenders who abuse children it is a highly
controversial issue. As noted above, individuals who
sexually abuse child come from all walks of life and
all social class and ethnic backgrounds. The main
characteristic they have in common is that they are
predominantly male. Certain types of sex offenders
are more dangerous than others. Where some remain
static in their target selection and in the level of assault,
others reach more serious levels of offending. No
individual has all the characteristics of a type. However,
according to studies in the West there are a number of
characteristics that can be identified with each
particular type. The stereotypical image of the man in
dirty clothes with funny eyes, or alternatively someone
who looks like a monster are all part of the problem
that needs to be broken down. The community will
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Types of Child Sexual Abusers
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Child sexual abusers can be
i.
'Fixated Pedophiles’ ii. 'Predatory Pedophiles’ and iii. Non-predatory pedophiles
i.‘Fixated Pedophiles’tend to have the following characteristics:
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❖ they may molest a large number of children
❖ they may adopt pseudo-parental roles or may deliberately set out to gain the trust of (‘seduce’)
the parents or other care-givers
❖ they may be seductive in their approach
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❖ they may seek to portray their behavior as normal
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❖ they may have strong cognitive distortions and beliefs
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❖ their friends and associates are probably pedophiles and share common information and language
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❖ they may use child erotic material and child or adult pornography to lower the inhibitions of
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❖ They do not usually marry, but may be in a marriage of convenience
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❖ They may belong to children's’organizations
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By intuition and design, they may select vulnerable children, who may be physically and/or
emotionally neglected
❖ They may have a liking for children of a particular age range and the older tahe child, the more
likely they are to select one gender
ii. ‘Predatory pedophiles'atypically sexually abuse within a context of abduction, or may express
immediate anger in a sexual way; for example the rapist within the home, or the stranger rapist
of children.
iii. Non-predatory pedophiles are individuals who believe a child can give consent to sexual
acts. They believe that a child is sexual; that it would enjoy sex with an adult and that a child can
give consent. Being sexual and being aware of sex is something different, however, to wanting
sex with an adult. At the extreme end of this is the ‘pedophile’ who believes that even a baby can
give consent. The reasoning is based on his belief that for example: “If you throw a baby up in the
air and it shouts blue murder you know that it does not like it. If however, they gurgle and laugh
you know they do”.
Such reasoning clearly reflects the distorted thinking and beliefs with which the ‘pedophile’
needs to surround himself. The particular danger of ‘fixated non-predatory pedophiles’ is that
their actions are in fact predatory, but they do not want to accept this. They fail to see how their
use of influence, power and control, and the way that they form the relationship, gives the child
no choice. How does a child deal with a person who can offer what most children want: sweets,
gifts, toys, attention, apparent love, and money. Anything that will attract children to a 'pedophile’s'
home will be used.
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In some cases, the offender becomes involved with a child who has already been over excessive
exposures by an earlier abuser. In these cases, the offender may not see that he is re-victimizing
a child who is already a victim. Instead, his beliefs about children being sexual partners may be
reinforced by his perception of the behavior of the child. Any accommodating behavior (the child
not disclosing, the child appearing orgasmic) will be interpreted in a way that makes the offender
feel better.
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As one looks at the 'non-predatory fixated pedophile’ and his pattern of behaviour one can see
why it is sometimes called a 'victimless' or a ‘phantom’ offence. This is because victims do not
disclose. If victims do not tell then the authorities will not prioritize and investigate. Why children
do not tell is easily understood in the context of the 'pedophiles’ actions and behaviour.
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always be vulnerable if they do not understand that it
is not monsters that sexually abuse children, but
‘decent’ men from ‘decent’ families. By listing the
different types of offenders it is hoped that rather then
simply placing the offenders into boxes, the typology
will function to expand the knowledge and
understanding of the range and behavior of the men
who sexually abuse children.
According Araji and Finkelhor (1986) theories on CSA
fail into four groups, which seek to explain:
❖
Why a person would find relating sexually to
a child to be emotionally gratifying and
congruent (i.e., the child fitting the adults
need);
❖
Why a person would be capable of being
sexually aroused by a child;
♦♦♦
❖
Why a man would be frustrated or blocked in
efforts to get sexual and emotional
gratification from more nominatively approved
sources;
Why a person would not be deterred by the
conventional social restraints and inhibitions
against having sex with a child.
These four ‘explanatory factors’ can be summarised
as Emotional, Congruence. Sexual Arousal, Blockage
and Disinhibition.
The main point behind Emotional Congruence is that
the child molesters are ‘immature’ or low in self-esteem
so feels more mature and confident of themselves in
relation to young children. Next it is not at all clear
why some men get turned on sexually by children:
most explanatory assumptions are unverified or
unverifiable. Blockage theory is the opposite of the
Emotional Congruence theory i.e., they presume that
child molesters are ‘blocked’ in their ability to derive
sexual and emotional satisfaction in adult heterosexual
relationships.This is likely to be part of wider difficulties
in relating to other adults, and perhaps repressive
sexual norms, which make adult sexual relationships
a matter of guilt and anxiety.
MYTH: Existing laws IPC (Section 375, 377, 372,
345,354) including the Indian Evidence Act, 1872
are effective means to deal with the offence of child
sexual abuse.
FACT: These laws are totally inadequate to protect the
children who are victims of sexual abuse, and contain
contradictions. In India, child abuse is treated as rape.
The common forms of sexual abuses of children as
mentioned above, do not come under the definition of
rape. Section 375 of the IPC defines rape as: A man is
said to commit “rape” who, except in the case
hereinafter expected, has sexual intercourse with a
woman in the circumstance falling under any of the
six following descriptions:
❖
Against her will;
❖ Without her consent;
With her consent, but when her consent has
been obtained by putting her or person in whom
she is interested, the fear of death or harm:
❖ With her consent but when her consent is given
to a man whom she believes is her lawful
husband.The man in such a case is aware that
she is not his wife;
❖ With her consent, but the consent is given when
she is of unsound mind, or intoxicated or
administered certain substance so that she is
unable to understand the nature and
consequence of that consent;
With or without her consent, when she is under
the age of 16 years. Exception: Sexual
intercourse by a man with his own wife, who is
not under 15 years of age, is not a rape.
Section 376 of IPC: It provides a great deal of discretion
to the courts to reduce the sentence and the proviso
in the Section has been mis-applied in most cases.
The Section states that it provides for the punishment
of rape which shall not be less than 7 years but which
may be for a term that may extend to 10 years, unless
the women raped is his own wife and is not under 12
years of age in which case he shall be punished with
imprisonment for a term which may extend to 2 years
or with fine or both.
Under the present system there are several other
lapses pertaining to child sexual abuse. No other forms
of sexual abuse are addressed by these laws.
Moreover, the laws as they exist do not provide for
any assistance to victims of abuse, preventing victims
from getting justice.
For instance the case of the sexual assault of a deaf
and mute girl in the Observation Home, Umerkhadi
(OHU) at Byculla, some years back. All available
documents in her case was referred to as “Billa No.31”.
Evidence Was suppressed.
❖ There was a lapse of twenty days between
the date of sexual assault and the FIR;
<♦ There was no facility to help the victim to cope
up with the physical and emotional trauma;
❖
The doctor appeared to be unaware of the
procedures to be followed while investigating
this case of sexual assault;
❖
no attempt was made to collect any forensic
evidence aside from the clothes she was
wearing; and
❖
the medical examination for investigation of
sexual assault ordered by the Superintendent
FACTS against MYTHS - AUGUST - SEPTEMBER 2003
on September 22, conducted by the doctor
on duty at OHU was inconclusive because it
was incomplete.
There are innumerable cases of such lapses that go
unreported. Doctors who are the first to come in contact
with such victims are not trained to deal with such
cases. Very often they are not equipped to examine
rape victims. The trauma caused to the child victim
find no mention in any report of the medical or
psychiatric assessment. Assessment and training
needs are not carried with care and sensitivity.
The police on their part view child rape and indecent
assault nearly as peripheral crimes. They also have
practically no training in dealing with cases of child
sexual abuse. Besides, investigations of such cases
require a different kind of expertise and approach,
which is currently non-existent. There is a wide
communication gap between the child’s statement and
the recordings of the police. There is a stereotype to
investigation and followed mechanically devoid of any
sensitivity or follow up. Therefore it turns out by and
large an inadequate exercise.
Another glaring instance was the Freddy Peats and
the Helmut Brinkmann cases in Goa. In the Peats case
there were the following lapses of justice to the child;
Delay in filing charges;
6 weeks after his arrest he was released on bail despite
suspect of such crimes are rarely granted bail;
The police started investigating the case of Freddy
Peats in 1991, but he was released on a bail amount
of Rs 8,000. Only five years later, after Sheela Barse,
a social activist filed a writ in the High Court was the
case expedited and Peats convicted.
In the case of Brinkmann the child had made a statement
before the police and once again before the magistrate
stating Brinkmann had sexually abused him. The
) session’s judge who acquitted Brinkmann chose to ignore
this as evidence by casting aspersions on the child’s
character. The fact there was evidence of sperm in the
anus of child and of Brinkmann of dismissed. The judge
stated it could well be his or her own sperm! When this
case reached the High Court the judges failed to examine
the merits of the case. According to them since
Brinkmann was not in Goa and had ‘ probably left the
country there was no way of serving the notice on him,
hence it was futile pursuing this case. Now the question
arises would their attitude have been the same if they
were dealing with suspected assassins of an
industrialist? After persuasion from individuals, NGOs
and Human Rights groups about the seriousness of the
crime a Special Leave Petition was filed in the Supreme
Court in March 2000.
Trials of child sex offenders are conducted in such
irresponsible manner that sexually abused child rather
than being treated for his/her own trauma, has to fight
the adversarial systems and end up in further being
traumatised. The child has to be cross-examined by a
lawyer who may use different strategies to get the
responses necessary. Lack of proper understanding
of the law among the judges and insensitivity to child
rights has resulted in the accused being discharged in
several child abuse cases. A case reported in 1987 a
11 year old girl who was raped. The session’s court
convicted the accused with 5 years imprisonment. In
an appeal, to enhance the sentence, the M.R High
Court held that, “increasing cases of personal violence
and crime rate cannot justify a severe sentence on
young offenders (Vinod Kumar and A.N.R vs. of State
of M.P., 1987 CrLI, 1541). There are several such
insensitive judgements.
The officials never take the issue of child, into
consideration. Besides, the offence of sexual assaults
is tried generally under 3 different Sections i.e. rape,
attempt to rape and molestation depending upon the
proximity of molestation by the criminal justice system.
Though the difference between the offences is of
degree only, as far as child victims are concerned,
this categorisation is also irrelevant. The delay in the
system at every stage of the case adds to the trauma
of the child victim.There are several cases pending in
the courts as the trial plods on for years. In the
meanwhile, in several cases the girl victims have
become adults by the time the final judgement is
pronounced.
MYTH: The existing set of criteria is sufficient in rooting
out and proving the crime of rape.
FACT: On the contrary, this “yardstick” — to judge
and prove the crime of rape - is diabolic! It includes
the following evidences viz.,
a)
Women or victim had consented
b)
s/he did her level best to resist her molester by kicking, shouting, biting etc,.
c)
Potency of the molester
d)
Whether she was a virgin
e)
the ‘character’ of the victim
f)
what the victim was wearing
It is horrendous in that, first, virginity or lack of it has
no bearing on a rape victim. Such findings, on the
contrary, are readily and easyly—and often have been
— misinterpreted by the courts let alone by the police
apparatus. Such misinterpretations result in
a)
Humiliating the women
b)
Further victimising them
To reiterate, no matter from what socio- economic class
the victim hails from, most women are not conditioned
to react in an aggressive or in a loud manner, especially
when the sexual abuse occurs in the home by men
FACTS against MYTHS - AUGUST -SEPTEMBER 2003
who are powerful inside the household or community.
As noted above, most CSA cases are perpetrated by
family members and persons known to minor girls. It
is therefore very difficult to prove, at least in the
medico-legal record, that she did her utmost to resist
the attempt of rape.
Acknowledgement: We are grateful to Dr. Nishtha
Desai of C.R.G., Goa for her comments, suggestions
and additions in updating this issue of FAM.
REFERENCES
1.
Kakar, Sudhir. Indian Childhood: Cultural Ideals
and Social Reality, Oxford University Press,
Bombay, 1979.
2.
Sanders, R. Child Protection Services, Ashgate
Publishing Co, Hants, 1999.
3.
Children and AIDS, PRAYAS, Pune, 1996.
4.
Voices from the Silent Zone: Women’s
Experiences of Incest and Childhood Sexual
Abuse, RAHI, New Delhi, 1998.
10.
Afonso, A. C, Child Prostitution in Western India,
INSAF-Goa, 1996
11.
Menon, J. & Rege,K., from Darkness to Light,
Documentation Research and Training Centre
(DRTC), Goregaon (E), Mumbai, 1999.
12.
JONAKI (The GlowWorm) Sanlaap, November
1996, September 1997, November 1998,
Calcutta.
13.
Bajpai, A. One India One People, September,
Mumbai 1999.
14.
Alternative NGO Report on CEDAW, The National
Alliance of Women, Delhi, January 2000.
15.
Virani, P. Bitter Chocolate: Child Sexual Abuse in
India, Penguin Books, New Delhi, 2000.
16.
D’ Souza, L. Sexual Assault: The Role of the
Examining Doctor, Issues in Medical Ethics, #4,
Mumbai, 1998.
17.
Gillham, B. The Facts About CSA, Cassell
Educational Ltd, London, 1991.
18.
The Indian Child, Child Relief and You (CRY),
Mumbai, 1999.
5.
Kewalramani, G. S., Child Abuse: A Sociological
Study of the Working and Non working Children,
Rawat Publication, Jaipur, 1992
6.
SAKSHI, Child Sexual Abuse: A Draft Manual,
New Delhi,1999.
7.
Child Sexual Abuse (Early Detection and
Intervention), Bal Asha Trust, Mumbai, 1999.
21.
8.
The Child’s Right Bulletin, New Delhi, January
1996, May 1996, April 1998.
22.
The Child’s Rights Bulletin, #1, New Delhi, 2003
9.
An Abuse of the Innocence, Christian Aid,
London, 1995.
*
Where Women have no Doctor, Macmillan
Education Limited, Malysia, 1997.
GSSO
19.
Sherwani, A. The Girl Child in Crisis, Indian Social
Institute (ISI), 1998.
20.
Desai, N. See The Evil: Tourism Related
Paedophilia in Goa, Vikas Adhyayan Kendra,
Mumbai, 2001
, Nishtha. Legalising Kids’ Rights, Goa
Today, September 2003
GMO
GMO
Please feel free to reproduce material from this publication but with due credit.
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Facts Against Myths is a monthly bulletin of
factual information on a number of
development myths and fallacies, etc, including
information against alien development models,
paradigms and false concepts on caste, creed
and gender.
Produced and Published by:
Vikas Adhyayan Kendra
D-1 Shivdham, 62 Link Road,
Malad West, Mumbai 400 064, INDIA
S : 882 2850 & 889 8662
Email: vak@bom3.vsnl.net.in
Fax: 889 8941
Design & Layout: Kartiki Desai
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Nanawadi, Belgaum 9. S 0831-424124/433429
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