Shouldn’t sex with a minor be considered rape by an adult and a crime against the state…?

Received this email from Desi Girl, this morning. 

Even when Indian Police is not directly involved in sexual assaults, their general attitude towards sexual assaults seems to justify sexual assaults and discourage reporting of rapes.  

Shouldn’t sex with a minor be considered rape by an adult and a crime against the state instead of the raped?

Guess a 17yr old was having consensual sex with five fat policemen.

On March 21, the 17-year-old had retracted from her statement, denying that she was raped. She had also admitted before the court that she was into a “consensual relationship” with one of the accused, Akshay, and failed to recognize the other accused. However, in another application filed on April 1, the victim said her statement on March 21 was made “under pressure”.

This country is so doomed at times it feels so.

DG

Background:

In her complaint, the victim stated that about three months ago, Akshay, one of the accused, visited her residence after a call was made to the police regarding domestic violence at the house. Later, Akshay along with his four friends started stalking the victim in a PCR van. A month later, the accused forcibly took her to a rented room at Khuda Lahora a couple of times, where they allegedly raped her at gunpoint.

On December 18, the girl confided the incident to one of her sisters when she could no more bear the trauma and torture, and was about to commit suicide. The girl’s sister then told her cousin Vinod about the incident. Fearing the police, Vinod first approached area councillor Saurabh Joshi on December 19. Joshi then informed the police about the incident, after which an FIR was registered against one of the accused. [http://indianexpress.com/article/cities/chandigarh/khuda-lahora-minor-rape-case-charges-filed-against-five-cops/]

Whether or not it was consensual, it was rape because the victim was minor and the accused an adult. No?

Related Posts:

By lodging a complaint the girl would get undue publicity and that would adversely affect her marriage prospect.

This is not the first, or the only time a rape victim in UP has been kept overnight in a Mahila Thana.

Do you remember this murdered couple who made a ‘dramatic reappearance’?

“The rape victim had gone there willingly. She was not lured into it. They drank vodka.”

In Saharanpur UP, a DIG recommended honor killing. [“I don’t have magical power to recover your daughter. But if your daughter had eloped then you should be ashamed of it and end your life…”]

So how does Delhi – NCR Police define Rape?

And then we criminalize acts where there are no victims,
Who benefits from criminalizing consensual teenage sex?

11 thoughts on “Shouldn’t sex with a minor be considered rape by an adult and a crime against the state…?

  1. Crimes against minors by adults by definition ought to be crimes against the state or else they’ll never get justice, like it happened to Gudia and the girl who was raped the same day as Nirbhaya/amanat/damini/braveheart.
    DG

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    • It is a crime against the state. Any criminal offence is a crime against the state. Which is why we have a public prosecutor and not one hired by the victim. It doesn’t matter if the victim “forgives” the criminal because the victim is not the one bringing the charge or pursuing it. The state is.

      I’d also written earlier about how the SC says the same thing.

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  2. I’m pretty much 100% sure that this young lady retracted her statement out of a mixture of fear and misinformation. And also, where the blazes are you supposed to turn when the same people who are supposed to protect you are the people who are inflicting harm upon you? How can you expect fair justice from people who are, in many cases, completely above the law, and in many ways, control the justice that is meted out in this world?

    And people wonder why so many of us hate cops.

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  3. Holding a gun to somebody’s head while men take turns is not consensual. That is called GANG RAPE. They should be trialed like the Delhi gang rapists, no exceptions.

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  4. The adult or the “of age” person, in my opinion needs to be responsible, that is why, at a certain age, a person is deemed to be “adult”. If sex with a minor is unlawful, the adult needs to make sure nothing unlawful happens, even if it is consensual. Minors can be made to understand that what they are about to do is unlawful, thus preventing it. From that point on things can be labelled rape, kidnap, force, grooming etc.
    Between 2 minors, like a make out session, or whatever, is a matter or arbitration, if it comes to that. Between 2 adults, rape is still rape, force is still force.

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