Woman to pay Rs 50 lakh for falsely accusing actor of rape.

What do you think?

The Madras high court has awarded Rs 50 lakh compensation to actor Mansoor Ali Khan who was accused and convicted of raping a 23 year old  woman around 16 years ago.

The woman had alleged that she approached the actor after he put up an advertisement for a secretary. She claimed that Khan offered her juice laced with sedatives and raped her repeatedly and threatened her against revealing it to anyone. In May 1998, she gave birth to a girl.

Mansoor Ali Khan was arrested on December 11, 1998 following the sexual harassment complaint lodged by the woman. In March 2001, Khan was awarded seven years’ rigorous imprisonment by trial court and a fine of Rs of 3 lakh as compensation to the woman.

However, Madras High Court voided his prison term, but asked him to pay 3.25 lakh to the woman and 7 lakh to the child. Later, he challenged the HC ruling in Supreme Court, where his appeal was dismissed in February 2008.

In his petition in the HC, Khan said he came across a matrimonial case initiated by the woman, seeking to reunite with her husband. Claiming that the marriage took place in August 1994, she had sought restitution of conjugal rights, the petition said. [IHM: This is not clear, does this alone make her accusations of rape false? Or does this prove that she was a ‘habitual offender’?]

The actor pointed out that the woman had told the trial court during examination that he was responsible for her losing her virginity and that it was the first time she had had intercourse, albeit by force. Accusing her of furnishing false information to court and succeeding in her efforts, Khan said he had been maliciously prosecuted and subjected to humiliation.

He said the woman had first approached him for help, and he had extended financial assistance to her as he was mandated to do charity as per the Mohammedan Law. Claiming that his association with the woman was purely on humanitarian considerations [IHM: This can be proved with a DNA test?the actor said she slapped him with a charge of rape as she feared he would stop helping her. Calling it fraud, he wanted a compensation of 50 lakh towards loss of reputation and film career. The woman failed to appear before the court despite summons.

Justice T Mathivanan directed the woman to pay 50 lakh to the actor as damages towards malicious prosecution and defamation. [From here: Woman to pay Rs 50 lakh for accusing actor of rape, and here, Rape or not? Woman to pay R 50 lakh in lost ‘virginity’ case]

What do you think?

Some points:

1. Was a DNA test conducted (or required?) to find out if the actor was the father of the child?

2. Withholding information could indicate malintent I suppose, but does it matter that she was not a virgin, or even if she was married at the time when she claimed she was raped?

3. I think ‘rape’ in legal terms is also used to describe consensual sex if the woman was promised marriage (or lied to, or cheated) to get her to consent. Do you think the appropriate term in such cases would be ‘cheating’ or ‘breach of trust’ or another term, but not ‘rape’?

31 thoughts on “Woman to pay Rs 50 lakh for falsely accusing actor of rape.

  1. The point is that her own testimony was a great instrument in deciding the case, so when, it turns out that parts of her testimony and allegations were false, her entire testimony stands challenged. Whereas I don’t think 50L is justified. A retrial is at least in order. There often are cases where women use their advantage of gender for extorting money. I am not saying this is one of them, but the false testimony does raise questions. Plus where is she now? Why didn’t she appear at court?

    Also, offering marriage in return for sex doesn’t count as rape. If there was consent, there is no rape. In very vague legal terms, this could be termed as fraud, but not rape. And I am strictly opposed to the notion that it should be accounted for as rape. A rape is when a person is made to have sexual intercourse against her immediate desire to do so. If the person agreed to do it on whatever terms, she cannot claim rape. Plus. we all make promises of some sort, and then later realize that honoring them would be a bad idea.

    Take, for example a case where a person really does want to marry another and expresses this desire. They then have sex, and sometime later, for some other reason, the relationship turns sour and he realizes he/she can’t live with the other person. Would you really brand it as a rape. Is it a good idea to continue a relationship that is doomed, just cuz there was sex involved at some point.

    Marriage is not a joking matter, it should not be done for frivolous reasons. Marriage is much more than sex. Do you want us to fall to the old times when a rape victim had to marry her rapist? Marriage and sex are different matters and should not be intermixed.

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    • Also, offering marriage in return for sex doesn’t count as rape. If there was consent, there is no rape

      Well, it is not quite as open-and-shut as that.

      Suppose a man X has sex with a woman Y, promising her that he will later marry her. Y agrees, as long as the marital condition is satisfied. They have sexual intercourse, after which X reneges on his promise and leaves her place, never to be seen again. Is this rape? The legal answer depends on the jurisdiction, and the ethical answer depends on your own point of view.

      The thing is, although consent was indeed granted, it was not granted for the act that was actually carried out. According to Indian law, the fact that X backed out of the promise fundamentally alters the nature of the act itself, turning it into an act that the alleged victim did not consent to.

      India recognizes rape by deception (also called rape by fraud) as a form of rape at par with physically coercive sex; most other jurisdictions across the world either don’t recognize it at all or recognize it under very specific conditions (such as gaining consent by maliciously impersonating someone the victim actually has a relationship with).

      I personally don’t believe this kind of thing should be treated as ‘rape’; in my view, the possibility of a partner reneging on his promises is something that a mature adult must take into account BEFORE granting consent. If you’re not ready for that possibility, don’t have sex. A promise to marry should not be treated as a legal covenant; depending on the circumstances, going back on such a promise may make you an a**hole, at worst. It really shouldn’t make you a rapist. The idea of calling this rape is regressive, nonsensical, and contrary to contemporary legal principles.

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    • I believe I’ve read of at least 3 cases where men were charged with rape for having sex and then later pulling out of the relationship – as this was deemed to be rape. I do not know if any of them were convicted though.

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  2. I can’t seem to find the final judgment on JUDIS (perhaps it has not been uploaded yet), but here’s a copy of the judgment where his jail term was voided and he was asked to pay a fine: http://judis.nic.in/judis_chennai/qrydispfree.aspx?filename=11189 .

    First, It is really not hard to imagine why a rape victim might claim to be a virgin; anything else tends to attract uncomfortable questions from the defendant’s counsel. Of course, that’s no excuse for lying to a court.

    Second, it needs to be pointed out that the thrust of the prosecution case did not revolve around the initial fact of rape in the hotel; it was established that the woman had consented to it post hoc, and the prosecution did not choose to focus on that aspect of the case anyway. The principle accusation was that that consent, and the consent to further acts of intercourse were granted because the victim believed that it would culminate in marriage. According to the prosecution, Khan went back on his marriage promise and abandoned the woman after she had a child, thus prompting her to allege rape by fraud.

    From the original appeal (where he agreed to pay financial compensation instead):

    It is seen that the appellant is a Muslim and PW-1 is a Hindu. She was aged about 23, sufficiently matured and intelligent, at the time of occurrence. She knew that the accused is a married man and a known cinema villain. She was in mad love with the appellant and going freely along with him even to outstations and until she became pregnant, the relationship was not intimated to her parents. Voluntary participation is therefore apparent and her consent was not in consequence of any misconception of fact. It appears from the evidence that the appellant being a Muslim, twice married, though refused to marry PW-1, was openly moving around with her; that, after pregnancy, he took her to his wife’s residence and sister’s residence at Bangalore and made her to live with them and also set up a separate residence for a while; that only with his consent, PW-1 was admitted in the Hospital for delivery and it is he who cleared the hospital bills; and that it is only after the complaint, everything got precipitated.

    In the light of the principles enunciated on akin issues by the Apex Court in the above two case laws and taking note of the fact that the prosecution has not adduced sufficient materials to prove that the accused promised to marry PW-1 and with that promise continued the sexual relationship and of the fact that PW-1 was a major at that time and a consenting party to the affair, offence under Section 417 IPC is not attracted.

    10. However, simply because the accused is disentangled from the penal law, this Court cannot close its eyes to the repulsive approach on the part of the accused with the victim girl in alluring her and continuing the affair, which ultimately resulted in the victim becoming pregnant and giving birth to a female child; and relieve him from accountability for damages under civil law. The paternity of the accused to the child has been well established by the prosecution by subjecting him to DNA Test. Therefore, learned Senior Counsel fairly conceded that the appellant may be liable to pay damages to the victim under civil law. Learned Senior Counsel, on instructions from the appellant/accused, submitted that the appellant is willing to deposit a sum of Rs.7,00,000/- (Rupees seven lakhs only) apart from Rs.3,25,000/- already imposed as fine, all put together Rs.10,25,000/-, and the same may be treated as compensation payable to PW-1 to take care of herself and the child born to her through the accused without prejudice to her other claims. The offer made by the learned Senior Counsel on instructions from the appellant seems to be reasonable.

    The fact that she was married in 1994 changes things completely, and renders her own case somewhat baseless, because at worst, this was then a case of adultery.

    If this was a false claim – and I’m not saying it necessarily was – but if it was false, I think it’s entirely reasonable to make her pay that kind of fine. A false rape accusation can destroy careers, families and lives. Worse, it takes away from the seriousness of the crime and the credibility of genuine victims struggling against a system already disadvantageous to them. It is an incredibly repugnant thing to do.

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    • “the prosecution has not adduced sufficient materials to prove that the accused promised to marry PW-1 and with that promise continued the sexual relationship” — I am really surprised to know that this is considered as a crime !! – That having sex after promising marriage and then backing off from marriage.
      I feel this is the classic example of objectifying sex / virginity where the person promising marriage took / stole virginity and left without fulfilling promise.
      As arkansos mentioned in the earlier comment, what if its a genuine case where people may decide to part ways at a later stage in the relationship. Does having sex plays such an important role which can lead to prosecution for fraud? How it should be different from the case where a man backing off from a relationship without having sex ?!

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    • If this was indeed a false rape claim, the woman should be arrested and the 50L fine is quite fair too in my opinion. Such women make it tougher for actual rape victims to come forward, something that’s already a very hard thing to do in India.

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  3. I think people need to be educated on what rape really means in India. I don’t think it’s rape when women who consent to sex then accuse the man of rape because he didn’t marry them. That’s called a break-up. Not the same thing. Just like pre-marital consensual sex and rape are not the same thing. If we hijack ‘rape’ to stand for things that aren’t non-consensual but morally questionable, we dilute actual rape entirely!

    So it looks like it was never proven whether the sex in this case was by force at all. ‘Rape’ seems to have meant him abandoning her and the child. So I don’t really understand the judgement anyway. If it was a false accusation, then she should certainly be fined because an innocent man lived as a rape convict for 16 years.

    My first thought on the 50 lacs figure was that it seems a lot harsher than fines that convicted rapists have to pay (although in theory they go to jail too). I have dismissed that thought though, because being lax with one type of crime is not a good reason to be equally lax with another. Any law being implemented properly is a good thing.

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  4. Didn’t anyone notice that the defendant lied too, not just the woman? That he has a child means, he wasn’t exactly helping her out on ‘humanitarian grounds’ (unless of course, he goes by the Islamic definition of sex = charity, which again fails as he is not married to her). It appears that we have two liars, both trying to get the best of each other.

    Her allegation of rape is warped, since it wasn’t rape per se, but I can see why she did it. The fine was well deserved though, given that the MA Khan had to spent years in prison and live with the social stigma of a rapist for years, not to mention the expenses incurred in trying to prove his innocence.

    I am also suprised how a lot of people here are unaware of the ‘rape under the pretext of marriage’ clause. Time for a blog update.

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    • I did notice and I was (and am) quite puzzled.

      In his previous appeal to the Madras HC, he didn’t even deny that he had sex with her and DNA testing confirmed that he was the father of the child, so I really don’t see how any court would admit a ‘humanitarian grounds’ assertion now.

      Looks like typically shoddy legal reporting to me. Either someone was misquoted, or we’re all deriving the wrong inference from that comment.

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    • If you have sex with a woman, and if you decide it’s not going to work out – then it’s legally safer to marry her and then attempt to get a divorce than to break up with her without marrying her, since that can be charged as rape in India. I can’t imagine how this is a good idea in any way!

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      • Yep, so crazy. It’s obvious how the law treats sex under the pretext of marriage (=rape) from various media stories. However, I cannot understand how sensible people nod their heads at this. I would say this leaves men open to abuse because a break-up can turn into a rape conviction!

        I guess it comes back to codifying religious/cultural beliefs into law, so taking someone’s virginity and not marrying them is BAD. You broke it, you buy it. More objectification of women’s sexuality and ‘ownership’ and more confusion over what is ‘rape’.

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        • Rape laws are terrible in India. This is just one issue, and there are a whole bunch of others.

          There’s no punishment for marital rape, NPV rape isn’t even considered rape, coerced sexual assault is not a major crime, the law itself is not gender neutral… I could go on and on. And that’s merely the law itself; don’t even get me started on the evidence collection rules and police procedures which ensure that even the precious few victims who do report the crime are humiliated and further traumatized .

          It’s a huge mess.

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    • The guy did not spend more than few days in jail

      here are some facts about him
      ——————————————————————————————-
      Khan tried his hand at politics by supporting the Pattali Makkal Katchi (PMK) and contested from Periyakulam as a candidate of the Puthiya Thamizhagam (PT) and secured about one lakh votes. In the following election stood as an independent candidate and the opposition pressed criminal charges against him for moving around in a vehicle with a propaganda banner breaching the moral conduct code.[7][8]

      The actor was also later arrested in January 2012 on land-grabbing charges after it was alleged that the actor had illegally constructed a 16-storeyed property in Arumbakkam.[9][10]

      http://en.wikipedia.org/wiki/Mansoor_Ali_Khan_(actor)
      ——————————————————————————————
      The case is of rich actor turned politician who is also facing charges in other cases, in other words it means nothing to common person.There is possibility that he may had back door deal with this woman so he can pursue his political career as an innocent man.

      Prisons in India are not meant for hi fi people in India.They are just for common man.

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  5. You know what, I think false accusations of rape are far more likely to occur in a patriarchal, sexually repressive culture like India’s than in sexually liberal cultures. The accusation doesn’t even have to come from an individual woman – look at how often families try to break up consensual love marriages by claiming that the man abducted and raped the woman. This is just another example of how patriarchy screws both men and women.

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  6. @ Praveen
    Indeed. I just read what you posted, the appeal. It appears the English was a little shoddy and unprofessional, although knowing the courts, it isn’t really out of place. Anyway, given that the man here isn’t quite clean about his own claims, I can see why the district court and others were less than inclined to take him as the lone voice of truth.

    @ Nish
    I don’t think thats a good idea. Getting a divorce in India can be very difficult, expensive and time consuming, unless both the partners consent and try to use one of the legal loopholes to get out of a bad marriage quickly. One of my friends just got out of a bad marriage, after fighting a divorce case for over two years. Also, marrying and divorce opens up the man to maintenance payments and property/asset settlement issues.

    @ Priya
    Statistically, false rape accusations are far higher in sexually liberal and non-patriarchial cultures. In such cultures, even a flimsy excuse, such as trying to avoid paying a speeding fine can be enough to level a false rape accusation – since a woman is held at her word and it is up to the man to prove his innocence, especially if she does it convincingly enough, like this video here from MSNBC –>http://www.youtube.com/watch?v=KgxwPU0W-Wg

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    • He’s actually involved in other criminal cases too, as Kdps has pointed out. Also, in all probability, I think he did rape her the first time. Post hoc consent is all very well, but no one seems to have contested the fact that the first encounter wasn’t consensual.

      On a side note, the English is actually pretty standard; that’s how most judgments are written in countries where the common law aspect is very strong (most of the former British Commonwealth). It appears awkwardly constructed because the judge is trying to incorporate key phrases which have appeared in previous cases with similar circumstances, as well as phrases utilized by the prosecution and the defense. Also, a lot of the phrases (“good moral character”, “without prejudice to her other claims”) have specific legal meanings which are not exactly the same as their literal and/or contextual meanings.

      Basically, there is a kind of a skeleton boilerplate text (in the judge’s mind), which is then filled in as per the specific circumstances of the case. That can lead to awkward, sometimes even ludicrous, phrasing, but it prevents the creation of unintended precedents, which is a major goal.

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      • Getting a divorce in India can be very difficult, expensive and time consuming, unless both the partners consent and try to use one of the legal loopholes to get out of a bad marriage quickly

        It is not nearly as expensive or damaging as trying to defend yourself against a rape charge.

        That’s an entirely different ballgame; a ballgame that you don’t ever want to be in.

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      • // Also, in all probability, I think he did rape her the first time. Post hoc consent is all very well, …. //

        That. But…..

        Disclaimer: I’ve known MAK indirectly, and have very briefly interacted with him once after what I thought would be a mere exchange of greetings – and was quickly given the CliffsNotes on him a little later.

        I will try to offer his side of the story (or atleast what his small base of *fanatic* supporters spread): Apparently, MAK and PW-1 were involved in a relationship that was slowly developing into one of romantic nature. Then one fine day, PW-1 expressed interested in trying the hallucinogenic substances that MAK allegedly procured for himself and had been consuming at that time (perhaps talked into it by tall claims about its effects). So, neither of them were in sound mind to accuse each other of any wrong doing that day.

        In my mind, I still feel that MAK is guilty. It is also true that I am clouded by my overall disagreement (to put it mildly) with his actions and the values he has sought to preach over the years, but I still feel so.

        I also feel that the courts did the right thing. For some reason the prosecution didn’t focus on the first incident. The courts cannot be faulted for that.

        Lastly, even though I feel MAK is guilty of rape, I also feel that sentences in such cases should be reduced because the situation is not entirely identical to unilateral non consensual intercourse. Note, that I am also a strong supporter of appropriate punishment and completely reject any black and white stance, going so far as to suggest reduced sentences for marital rape.

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        • I agree with a ‘no black-and-white’ stance, although I don’t see how that justifies reduced sentences for marital rape.

          I think it is incorrect to suggest that rape committed by a spouse should be necessarily treated as a less damaging, or in general, less criminal act simply because it is perpetrated by a spouse. The victim may not face social consequences, but from a human point of view, the psychological trauma of the act itself is not reduced. To the contrary, that trauma may be intensified, because marital rape is not just a form of sexual assault, but also a very intimate breach of trust.
          The social approval, or at least, condonation of the act, only adds to the isolation and powerlessness of the victim.

          I personally do not believe in retributive punishment. That is not what a modern, civilized legal system should be about. Instead, punitive remedies must be utilized – judiciously – as a way of creating deterrence.

          The criminality of an act in a deterrence-based system cannot be measured purely in terms of the likely suffering caused to the victim. That is just one metric of many, including but not limited to, intent, to contempt for the law, contempt for justice, to active disregard for the welfare and well-being of another human being in the pursuit of self-gratification, to willingness to cause suffering… and so on.

          In my view, if coercing a stranger to have sex with you is a crime, then the other circumstances being equal, coercing a spouse to have sex with you is as much of a crime. The spouse may or may not suffer less the stranger as a result of your actions, but the act of coercing her is no less criminal in intent and in form. It is equally necessary to deter both, and they must therefore hold equivalent punishments under law.

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      • “It is not nearly as expensive or damaging as trying to defend yourself against a rape charge.”
        That still doesn’t make marrying an acceptable alternative to avoid a rape charge. I think the law should be overhauled, instead of people finding ways around it and making a mockery of the already overtaxed court system.

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  7. Breaking a promise is certainly not rape. It is breaking a promise – and as such, would be dealt with like any other broken promise. Depending on the circumstances, breaking promises can be illegal, fall under contract law, or be fraud. But it can’t be rape.

    Rape is using threats or violence in order to have sex with someone – or (in some jurisdictions) force them to have sex with others or with inanimate objects.

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  8. Well Well well , looks like when the shoe is on the other foot , this has to be reconsidered , a retrial etc , just wanted to note , as much as this blogger notes that men are bad , they just depend on their family and stuff , there are also bad women , who can do a lot for money , its always fun for all womens group to come in support (sisters gang !! ) , but men are automatically guilty , they are presumed guilty they have to prove innocence, but for women they are always innocent unless proven guilty , I know this actor , he was a villain actor and working with so many different actors at that time and this was a big blow to him. One thing is sure Justice delayed is Justice denied and Justice is not gender based!

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  9. Point 3 …. consensual sex is not rape, and branding it rape is ridiculous. The woman (unless she’s a minor) is a consenting adult and a party to it, and is fully capable of taking a decision.

    You can’t slap a legal case on someone who doesn’t want to marry you or be in a relationship with you. Sex is sex. Marriage is marriage. Sex does not legally bind a person to marry another. All this stems from the Indian mindset that sex without marriage is ‘immoral’…. which it isn’t… its just a choice — you either choose to do it, or you don’t. The operative words here are ‘YOU CHOOSE’. Unless you’re a minor or have been coerced against your will, it cannot be called rape.

    Yes, people get swayed and take wrong decisions. But when the decision is theirs, not the other party’s — and unless there is coercion — it should not be branded rape.

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  10. A lady lawyer on NDTV, in a discussion about the manipuri girl in bangalore, said that women’s groups were actively campaigning against gender neutral laws when it comes to rape and sexual harassment. She said the groups were angry that the Lok sabha was discussing the gender neutral bill. She said that India not ready for gender neutral laws. I am not sure if its rape or sexual harassment law, but it is one or the other. Anybody here care to explain the reasoning behind such a stance?

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    • Nobody really seems to have a straight answer on this. When the Law Commission and later the LS approved changes to Section 375, 376, CrPC etc. to replace gender-specific ‘rape’ by gender-neutral ‘sexual assault’, there was substantial opposition from a number of activists and women’s groups, most of whom argued that making the offense gender-neutral ‘obfuscates’ the issue and makes it possible for men to misuse.

      Personally, I don’t find either of those justifications convincing. Certainly, I’ve never yet seen a convincing reason to NOT make rape a gender-neutral offense. Male on Female rape is certainly not the only kind of rape there is, and in my view, denying victims of other forms of rape appropriate criminal remedies just because the law may hypothetically be misused, is illogical and morally repugnant. Since practically every law can be misused to some extent, we wouldn’t HAVE a penal code if we stuck to the standard that that viewpoint advocates.
      As far as the ‘obfuscation’ part goes, I haven’t seen an example of how that would happen. But even if a more just, egalitarian law does make certain issues more complicated, well, so be it! One cannot argue for simplicity in legal practice at the expense of justice; that’s somewhat like never switching on your laptop so that you never get a virus. Making a law very specific may make convictions simpler, but it kind of defeats the purpose of having a judicial remedy system in the first place, just like never switching on your laptop will make you virus-free, but only at the cost of making ownership of the laptop rather pointless.

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  11. So an actor has to pay only 7 lakh to a woman he has raped? [Because he took away her “honour”, right? Since her virginity was taken.]

    But now when the court says that she was lying and HIS “honour” was taken, she has to pay FIFTY lakh!! Seriously?

    Will the offenders of the gang rape be asked to pay FIFTY lakh to the victim?

    But then again, this is the same country where Salman khan, Sanjay Dutt, etc have been roaming around without suffering for their crimes. Salman khan in fact is portrayed by the media as some kind of humanitarian because he wears a T shirt. What about the people he killed? Oh, a small minor mistake..

    Not surprising.

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  12. I would like to point out here that the belief that some people hold about how women in western countries much more frequently lie about rape is false. Even in western countries rape is one of the highly under reported crimes because even in those countries rape is regularly brushed off as being deserved based on what a woman was wearing, how she was acting, who she was with, or where she was or as the women being crazy manipulative bitches. The FBI reports that about only about 2 %( current estimates) to 8 %( based on crime statistics from 1997) of all rape and related sex charges are determined to be false i.e., substantial evidence exists to show that the accusation is unfounded (official statistics frequently include cases not meeting this criteria for example unproven allegations that weren’t necessarily false, incidents that may have occurred but did not rise to the level of a crime in the jurisdiction involved etc.) This figure is no higher than false reports for any other crime or felonies. Citations can be found for rates as low as 1.5% and as high as 90% but many credible studies (e.g; Lisak D et al 2010; kelly L, 2010) produce rates close to the standard figure. Rates range from 2.1% to 10.9%,
    I have a very personal experience with this notion that “women frequently cry rape”. My cousin who is half Caucasian and certainly doesn’t look any Indian (I am pointing it out because of the racial and ethnic issues that affect the trial of such cases) was raped by her boyfriend. When she refused sex, her boyfriend hurled abuses at her, pointed a gun at her and forced her to have sex with him against her will. Later when the case was registered and the trial started, the defendant said that since they were in a relationship and have had consensual sex in the past, her boyfriend didn’t think of it as something of a big deal, he thought that No didn’t really mean No, she was just being uptight and that once she’d experience some physical pleasure, she’d begin to enjoy it and her No would turn into a yes.
    Unfortunately my cousin became what you’d call the “uncooperative victim” i.e., she refused to testify because dealing with the criminal justice system had become too traumatic for her and since not enough evidence could be turned up to comfortably persuade the jury, the man or rather that piece of shit wasn’t convicted.
    A lot of the people we knew began to say shit like this:
    “They didn’t have enough evidence to prosecute, so she was probably lying”
    “He was such a good guy he could never have done such a thing, she obviously regretted the sex and decided to cry rape, but since she knew that what she was doing was wrong she refused to testify”
    Mind you this wasn’t the Indian community alone, many of her friends and neighbours from different racial and ethnic backgrounds spouted the same nonsense. There were in fact police officers who refused to believe her.Just as there are insensitive police officers in India, there are insensitive constables and officers in western countries who buy into a lot of rape myths.
    The truth is that people make false accusations about every type of crime and of course, some women do lie about having been raped. But while false accusations do happen, and they are very problematic when they do, people claim that allegations are false far more frequently than they are and far more frequently than for other crimes. It’s not about assuming that someone is guilty, it’s more about taking the accusations seriously.

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