Does a rapist deserve a reduced sentence because he lost control since he was living away from his family?

PT has created an online signature campaign to protest against the reduced sentence of Ramkishan Harijan who sodomized a ten months old baby girl.  His sentence was reduced by Bombay High Court because his lawyer argued that the rapist, a father of two, was staying away from his family and ‘lost control’.

If you think this rapist doesn’t deserve a reduced sentence, please do sign this petition – to sign click here.

The Petition

On January 10, 2006, Ramkishan Harijan took the ten-month old daughter of his neighbor to a deserted area and brutally raped her.

On January 1 2008, after two years of anguish, he was finally convicted of sodomy and sentenced to ten years in prison.

In January 2012, the Bombay High court upheld the conviction but reduced his sentence to seven years, and ordered that the six years he’d already spent in prison be taken into account.

The justification?

He was living away from his family, and “lost control”.

Does this man belong in free society?

Do this man’s children deserve to be brought up by a convicted child molestor?

What is the guarantee that he would not lose control all over again?

How many decades will we live in the terror of men like him losing control at any time?

What answer do we, as a society have to an infant who went through a lifetime’s worth of trauma just because this man could not control his pedophilia?

If you are against justifying child molestation, please sign this petition. If you care deeply about protecting millions of infants in our nation from such situations, please sign this petition.

The defense lawyer wanted the court to be lenient on the man because he was away from his family and “simply lost control”. If you do not agree with this, please sign this petition.

If you believe that the justice system is not doing enough for our children, please sign this petition.

If you believe that zero tolerance should be shown towards child molestation, please sign this petition.

If you have had enough, please sign this petition.

Give us a moment of your time and add your voice to the steadily growing chorus that demands justice for our society’s most helpless, vulnerable and precious beings – our children.

CLICK BELOW TO SIGN.

http://www.ipetitions.com/petition/justice-for-child-abuse-victims/

Related post:

In Rape Culture, we understand that if the rapist was living alone, away from his native place, he could lose control over himself.

61 thoughts on “Does a rapist deserve a reduced sentence because he lost control since he was living away from his family?

  1. lose control – as in like you lose control while driving a car and get an accident or lose control when you are trying to operate the mixer and the gravy splashes all over the walls…

    staying away from family – What nonsense, there are so many of us who stay away from family and work…what will happen if all will ‘lose control’? can you even live in such a world!!!

    WHAT nonsense…how can they even ‘think’ of passing such sentences….I am SHOCKED!!!

    Like

  2. He ‘lost control’ over a baby? And the whoever thought this was a reasonable excuse – reveals their real thoughts, doesn’t it? Perhaps they feel they too would lose control like this. Perhaps castration will help the criminal and his sympathizers to retain some semblance of control.

    Like

    • I agree, completely. It’s things like this that keep me in two minds with regard to capital punishment, honestly. I don’t like the way law is conducted in the Middle East, but somehow I agree with their system of punishment for rapists and molesters – castration.

      Like

  3. I have and will be passing it around too. I am very upset about ‘perspective’ being talked about when a crime has been committed and that too against a baby. A society that cannot protect its children but makes even a suggestion of an excuse for criminals who violate them cannot call itself civilized.😦

    Like

  4. What an absolutely disgusting idea. There is never ever any justification or mitigating circumstance for rape, period. And to abuse a tiny baby deserves a punishment of appropriate severity, like castration. Totally shocking.

    Like

  5. Signed!
    A crime is a crime .. would it have been treated differently if the baby had died? Then is it ok to lose control and give it as a reason to murder someone. As long as ‘rape’ is seen as a permissable ‘out-of-control’ activity like temper tantrums rather than a crime, there is a problem.

    Like

  6. Signed the petition.

    I do wonder though that a person doing to a 10 month old baby should be mentally sick. And he needs to be kept safe from doing any further damage.

    I remember in movie Gandhi – Om puri comes to Gandhi & says – he killed a baby with his is own hands (in a rage) and was sincerely repenting. Gandhi gives him an advice saying that he should adopt a baby of a different religion to his and bring him/her up. Essentially trying to perceive objectively that a lot of humans live a life of insanity and in their rage do things that they might regret rest of their life. It is still a deed nevertheless. I think that if the guy is remorse about his act, the judicial stuff is immaterial !

    Me – There is a possibility that he is feeling remorse, if so then he should willingly seek chemical /surgical castration.

    Like

    • There is a point in this. Our judiciary takes the reformatory approach to criminal acts. That is, the criminal should feel remorse/ regret over his or her actions rather than be ‘punished’ and made to suffer for them. Maybe this could have driven the rationale behind the reduction of the sentence… Not that it condone it; I am as outraged and appalled as everyone else.

      Like

  7. What a nonsense… Does staying away from family gives one a right to abuse any child (Or anyone) sexually?
    I like to ask a question to his lawyer “If he cannot control himself then there were other ways. Why didn’t he opt for that? Why he chose an innocent 11 month old? “May be he chose an easy target than shelling out money from his pocket.
    How can anyone think sexually about a child? Or her being a female (Irrespective of the age) is enough for abuser. We are hearing babies as young as 2 months are getting sexually abused. If our judiciary system continues to behave this way then god only help us. This gives a clear indication that if you are away from your family then go, grab anyone and do whatever you want and then plead that you just “lose control”… and get away easily.
    I think if this petition doesn’t works and this person gets out in fewdays, then whatever faith (Which is shaken after reading this) I am having in our judiciary system will be totally gone. Have signed this petition and will be passing it around to.

    Like

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  9. OMG! Been staying away from family for years now! I wonder when I will start raping people! [/sarcasm]

    Signed the petition, and shared it around.

    Like

  10. Signed the petition.

    I would like the contact details of that lawyer too who helped this person, The lawyer indeed is a genius .. Maybe he ca nhelp get the INNOCENT PEOPLE some sentences..

    How the hell does he sleep at night.. outrageous… Along with this petition there should be one more that should call upon people to boycott such lawyers who will do anything for lure of money. Is this the justice he vowed to uphold…

    Doing this to a small baby who cud not protect herself.. This guy shud be hanged and yeah the sentence shud be instead of the electric chair it shud be via hanging …

    WELL done to the lawyer Kudos to him..

    Like

  11. Those who are full citizens of India and are in the country right now can help by contacting the political representatives in the area, as well as nodal bodies like the Ministry for Women and Child Welfare.

    Please write to the politicians and include links to this petition.

    Make them sit up and notice what is going on, because they are the ones who can actually get things done.

    Like

  12. Those who are full citizens of India and are in the country right now can help by contacting the political representatives in the area, as well as nodal bodies like the Ministry for Women and Child Development.

    Please write to the politicians and include links to this petition.

    Make them sit up and notice what is going on, because they are the ones who can actually get things done.

    Like

  13. Rachna too has discussed this issue and given the link to the petition in her Hindi blog indianwomanhasarrived.blogspot.com
    The disappointment with this judge’s verdict is unanimous on Rachna’s blog too.
    Regards
    GV

    Like

  14. He was living alone away from his family. That means after a long day of hard labor he was cooking for himself. Did he ever lost control over his hunger and stole food from a shop or neighbor’s kitchen? Guess no because the consequences would have been severe and bad.

    @PT,
    Just curious how come rape charges are dropped and it is made into a sodomy suit?

    Were the police, parents, and others in position of authority afraid the word rape could tarnish the life prospects, read marriage of the survivor? It is Aruna Shanbaug case all over again.

    Anyone any thoughts.

    Peace,
    Desi Girl

    Like

    • Desi Girl,

      Charges were not dropped at all.

      Since Indian law requires that the non-consensual sex be penile-vaginal in order to be treated as rape, and since no evidence of injuries were found around the victim’s vagina, there was simply no basis for a conviction on the charge of rape.

      The only evidence which points towards that is the mother’s own testimony. She says that she saw her daughter bleeding from the vagina. But as the counsel for the defense pointed out, the girl was already bleeding from elsewhere, so the blood that the mother saw could have come from another injury (he actually claimed that the girl had had a fall). The judge deferred to the testimony of the doctor who first examined the girl, with the reasoning that if penile-vaginal intercourse with such a young infant had indeed occurred, then we would certainly have expected to find evidence of injury when the victim was examined by doctors only hours later. Since no such injury was found, the man was acquitted (of rape).

      Like

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  17. Child sex abusers use a variety of excuses in attempts to justify their behaviour, which ultimately they know is wrong. The process works on denial, huge denial. Mostly they are very clever people who groom their victims and professionals, relatives of the child, the justice system etc. This excuse is SO transparent, one can’t help but wonder about the moral code of the judge. The fact that he can’t control himself is the issue, not an excuse. The legal system has provided carte blanche for him to re offend, which child sex offenders inevitably do. My heart felt prayers go out to the traumatised infant.

    Like

  18. poor man !! lost control over himself….seeing a ten month old baby !!! What will be his response
    if someone loses control seeing his children,wife ,mother etc ? May be he wont mind.The ‘justification ‘ part seems more disgusting than the crime.Who came up
    with this ?? The man should be hanged !!! so that he never loses control again.

    Like

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