Rape is a heinous crime that calls for a social rethink.
The following points may be borne in mind.
Procedure for lodging a Complaint.
The procedure for Complaining about rape is just as in another case.
You go to a Police Station, state the case and get a First Information Report (FIR)
As in other cases, there is jurisdictional red tape in accepting these complaints.
This has to be made Jurisdiction Free and any Police Station must accept the case.
Medical Test is now conducted, to be acceptable to the Court , is to be carried out by A Government Hospital.
This procedure must change to enable Private Hospitals as well and all these Hospitals must have the expertise and infrastructure to prepare the report.
The Forensic Report must be complete within A week from the date of FIR.
Trial
Trials are long and tedious.
To cut this short, no adjournments will be allowed in a Rape Case Trial.
The Appeal time should be restricted to not more than 15 days.
Initial Judgement must be delivered within 15 days from the Date of the FIR with Forensic Report
Punishment for the Rapists.
It is normal to clamor for Death Sentence now, as we are too upset to think .
The world is slowly doing away with death penalty .
The punishment should be Life imprisonment, with no personal visits for the Culprit.
Prevention of Rape.
I have posted on the reasons for rape in India.
The following points need elucidation.
Just as one does not jay walk in the center of the Road, one must not go about in tempting clothes.
Late night parties, Pub culture,Free outings with out some one who is related or a close friend are some points worth noting.
Freedom brings on Responsibility and an awareness of danger.
Men and women must understand the basic nature of instincts, that of Sex and unless one is guarded one’s Life will be ruined.
A note of caution.
It is not ways true that all Rape complaints are genuine.
As in Dowry cases the law may be used to settle scores.
The circumstantial evidence must be examined carefully and the back ground of the man/woman must be examined thoroughly.
We also have ‘Consensual intercourse’ which is tricky;one can have it and later call it a Rape.
This could happen in married case also.
To minimize the risk, a time frame of 72 hours must be fixed for reporting a crime.
Important of all is that you have your whole Life ahead of you and simply a moment sexual enjoyment.
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The highlights of the Bill include substituting sections 375, 376, 376A and 376B by replacing the existing sections 375, 376, 376A, 376B, 376C and 376D of the Indian Penal Code,1860, replacing the word `rape’ wherever it occurs by the words `sexual assault`, to make the offence of sexual assault gender neutral, and also widening the scope of the offence sexual assault.
The punishment for sexual assault will be for a minimum of seven years which may extend to imprisonment for life and also fine for aggravated sexual assault, i.e., by a police officer within his jurisdiction or a public servant / manager or person talking advantage of his position of authority etc. The punishment will be rigorous imprisonment which shall not be less than ten years which may extend to life imprisonment and also fine.
The age of consent has been raised from 16 years to 18 years in sexual assault. However, it is proposed that the sexual intercourse by a man with own wife being under sixteen years of age is not sexual assault. Provision for enhancement of punishment under sections 354 and 509 of IPC and insertion of sections 326A and 326B in the IPC for making acid attack a specific offence have been made….
http://indialawyers.wordpress.com/?s=rape
Rape Law Recommendation NCW (National Commission for Women).
The highlights of the Bill include substituting sections 375, 376, 376A and 376B by replacing the existing sections 375, 376, 376A, 376B, 376C and 376D of the Indian Penal Code,1860, replacing the word `rape’ wherever it occurs by the words `sexual assault`, to make the offence of sexual assault gender neutral, and also widening the scope of the offence sexual assault.
The punishment for sexual assault will be for a minimum of seven years which may extend to imprisonment for life and also fine for aggravated sexual assault, i.e., by a police officer within his jurisdiction or a public servant / manager or person talking advantage of his position of authority etc. The punishment will be rigorous imprisonment which shall not be less than ten years which may extend to life imprisonment and also fine.
The age of consent has been raised from 16 years to 18 years in sexual assault. However, it is proposed that the sexual intercourse by a man with own wife being under sixteen years of age is not sexual assault. Provision for enhancement of punishment under sections 354 and 509 of IPC and insertion of sections 326A and 326B in the IPC for making acid attack a specific offence have been made….
Any man who with a sexual purpose, touches, directly
or indirectly, with a part of the body or with an object, any part of the body of a
woman, without the consent of such woman, shall be punished with simple
imprisonment for a term which may extend to three years or with fine or with both.
Provided that, if the man is related to the woman, he shall be punished with
imprisonment of either description for a term which may extend to 7 years and with fine”.
2(a) Whoever, with a sexual purpose, touches, directly or indirectly, with a part of
the body or with an object any part of the body of a minor, or
(b) Whoever, with a Sexual purpose, invites, counsels or incites a minor to touch,
directly or indirectly, with a part of the body or with an object, the body of any
person, including the body of the person who so invites, counsels or incites or
the body of the minor.
Shall be punished with imprisonment of either description which may extend to five
years and shall also be liable to fine.
(3) Whoever being in a position of trust or authority towards a minor or being a
person with whom the minor is in a relationship of dependency,
(a) touches, directly or indirectly, with a sexual purpose, with a part of the body or
with an object, any part of the body of such minor or
(b) With a sexual purpose, invites, counsels or incites a minor to touch, directly or
indirectly, with a part of the body or with an object, the body of any person,
including the body of the person who so invites, counsels or incites or the
body of the minor…
The proposed section 53A shall read as follows:
“53A.(1) When a person accused of any of the offences under sections 376, 376A, 376B,
376C, 376D or 377 or of an attempt to commit any of the said offences, is
arrested and an examination of his/her person is to be made under this section,
he/she shall be sent without delay to the registered medical practitioner by
whom he/she is to be examined.
(2) The registered medical practitioner conducting such examination shall without
delay examine such person and prepare a report specifically recording the
result of his examination and giving the following particulars:
(i) the name and address of the accused and the person by whom he was
brought,
(ii) the age of the accused,
(iii) marks of injury, if any, on the person of the accused, and (iv)Other
material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall
also be noted in the report, and the registered medical practitioner shall,
without delay, forward the report to the investigating officer, who shall forward
it to the Magistrate referred to in section 173 as part of the documents referred
to in clause (a) of sub-section (5) of that section.”
http://indialawyers.files.wordpress.com/2012/07/rape-laws-recommendation-ncw.pdf
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