Breaking down Rape

Of all crimes perceivable to us, rape might be arguably the most heinous and barbaric. Violation of a person sexually, at times compounded by brutality, paedophilia and other depravations, flouts the very basis of civilized society. Each reported incident of rape instigates mass outrage, articulate demands for quick apprehension of culprits and swift delivery of justice. In any case however, irrespective of the end it has, the damage done by the culpable act remains unmended. For rape, unlike theft, is one of those few crimes which does irreparable damage to the victim. So we fall back to the question, “how do we prevent rape?”

I think the undeniable fact that we must come to face is that rape, like all other crimes, cannot be prevented in all its entirety. Most crimes are committed with the knowledge that a violation of law is being made, and yet criminals act motivated by greed, desperation, vengeance, etc. Rape being no exception is also a crime motivated by lust, vengeance, hatred, and other vices which can all be attributed to a lack or momentary lapse of the perpetrator’s integrity of character. Hence the obvious solution to a crime which is an outcome of weakness of moral character is strengthening of moral values. And indeed the ultimate solution that can ensure complete prevention of rape is moral education. If we are able to bolster moral values of each and every person to such an extent that they never falter then we can rest assured that rape has been prevented once and for all. But the drawback of this solution is that the “if” clause in the aforesaid statement is extremely vital. The occurrence of rape so ubiquitously across all regions, classes distinguished by social, economic, religious, racial, and any other distinction for that matter, and also many species demonstrates how unfeasible it is to prevent rape entirely by better moral education. Moreover, the approach of curbing rape by instilling better moral values is bound to be a drawn out process with results difficult to quantify. Access to moral education itself cannot be ensured with a sizeable chunk of our population never receiving formal education altogether and with patriarchal customs barely addressing moral principles which discourage rape. Even if someday we manage to bring all pupils under the ambit of a formal education system, it would be decades before these pupils substitute all their predecessors and bring about an appreciable decline in instances of rape. However I would still emphasize the need for moral education since this is the only approach that can actually nip the problem at its bud. According to a statistical report published by Statista, rate of rapes reported per unit population in US dropped from 41.2% in 1990 to 25.9% in 2013. This steady decline is in all probability linked to increasing awareness and stress on moral and sex education. However it is worth mentioning here that this rate grew again to 30.9% by 2018, a development attributed by many authorities to the spread of feminist movements which have empowered women and increased reporting of the crime.

Having explored moral education with its potency and limitations, we realise the need for measures which provide quick and short term benefits. Even in this approach rape is no exception and strict laws and their stringent enforcement is one of the most potential deterrents of rape. This calls for laws that clearly define rape leaving no loopholes that can hinder filing of charges. Laws must be unambiguous and punitive actions must be fearsome. Enforcement of these legal provisions is yet another issue with its own plethora of lacunae. From cops to lawyers, and from MLAs to MPs, all have given their share of repulsive statements about rape. And judiciary and law enforcement both are mired by an exhaustingly tardy pace of progress, which in turn is caused by population, corruption, red tapes, etc. Another vital consideration in this regard is that amendment to laws and penal codes should be carried out with umpteen precaution, premeditating on all possible fallouts. The demand of death penalty for rape is often raised. But awarding death penalty in all cases of rape indiscriminately might complicate matters in some cases. The Indian penal code classifies intercourse involving minors, irrespective of consent, as rape. Thus a law which ensures capital punishment for every person found guilty of rape, may be misused. On the other hand the same article exempts intercourse between a man and his wife, even without consent, from being defined as rape, which according to me is a gaping loophole.

Having addressed the reform required in law and in the mentality of potential offenders, I would finally address the controversial part of this discourse. The precautions advisable to victims. The widely popular consensus on this matter is that the very idea of associating victims of rape to the cause of preventing it is despicable. According to most people if not all, rape must be prevented entirely by administrative, legal and social reforms without burdening potential victims with any restrictions at all. But the problem with this approach is that though theoretically ideal, it’s rather utopian. Like all other crimes, rape also is highly unlikely to be entirely prevented. Indeed better moral standards, stricter laws and swifter justice delivery will discourage rape to a great extent, and countries where severe and cruel punishments are inflicted upon rapists do have significantly lower number of rapes according to many studies. However rape, like any other crime has never been successfully eliminated entirely. In such a situation I believe it’s only pragmatic to adopt some precautions even if they are restricting.

Self-defence is an art extremely useful not only for potential victims of rape but anybody in general. However in light of the undeniable necessity to prevent all rapes, and armed and unarmed combat being the last line defence, it becomes that much more indispensable for potential victims of rape. Self-defence can be in turn be aided by carrying mace, pocket knife, licenced firearms, or even learning to use objects like keys, pens, magazines to one’s own benefit. Drawing from the fact that fear of punitive action is one of the biggest deterrents of crime, it is advisable to enhance chances of arrest of the culprit as far as possible. The possibility of arrest is apparent when there is indication of situational awareness and resistance from the potential victim, or when there are many potential witnesses, or the area is under surveillance. To achieve these ends potential victims, mostly women in this case, should avoid situations as far as possible where they may find themselves alone with people who may pose a threat. Apps are available which send distress signals to alert authorities and people nearby. Isolated areas should be avoided, if possible. Strangers should not be trusted. To sum up, anything and everything should be done by potential victims of rape, who are admittedly women in most cases, to minimize chances of rape. Avoid trusting strangers to drop you home, share your cab details with friends or family, avoid travelling alone through isolated areas as far as possible, keep emergency contacts on speed dial, share your location if you feel threatened, arm yourself with mace, knife, stun guns, and above all, develop situational awareness and work out your contingency plan. Another frequently debated notion in this regard is that skimpy and provocative attire is responsible for rapes, in part or entirely. Though this notion also leads to advising women against provocative dressing as a precaution, I personally feel attire does not invite rape, instead it is only used as an excuse to justify it. Women in saris, in skirts, and all clothes with varying extents of skin obscurity have been raped, old women and infants have been raped, and even animals have been raped. However rapes have not occurred in presence of people who could prevent it. On 10^th June, 2017, NDTV reported a mob lynching a man to death in Delhi, when he was allegedly caught red handed attempting to rape a 4 year old girl. On the other hand the Delhi Nirbhaya case, Kolkata Park street case are all testament to the claim that rapes occur in isolation.

The peculiarity of rape that makes it so gruesome a crime and makes it garner such urgent attention is that the victim of this crime is scarred for life, an attribute I think is totally exclusive to this crime. If a person is robbed, he loses some valuables and goes through a difficult time in the worst case scenario, a person assaulted experiences temporary pain or disability in worst case scenario, even a person murdered doesn’t have to live through what a victim of rape does. And precisely because of this seriousness, compounded by social stigma, rape becomes such a serious offence. So while it would be ideal if there were no attempts of rape altogether, it is nigh impossible. Hence, while we positively persevere in our efforts of social and administrative reforms, we must realize that it is preferable to miss a late night outing than risk being sexually assaulted. This restriction is similar to exercising precaution when dealing with digital platforms by protecting sensitive data with passwords, or keeping valuables in lockers, or avoiding isolated places if chances of mugging, assault, battery are anticipated. In all cases it would be better if there were no threats, and no criminals at all, but since there are threats and criminals, potential victims should prudentially exercise caution.

We should always bear in mind, that irrespective of the victim being cautious or reckless, the perpetrator being motivated by malice or lust, the justice being delivered fast or delayed, a rape committed cannot be undone. The victim cannot be remunerated. So better be paranoid, than sorry!

Credits: Meghna. Pursuing BBALLB (Banasthali Vidyapith)