Why Is Ordeal Of Rape Survivors Stretched To The Point Of Being Cruel?

Unnao rape survivor has moved the Supreme Court to seek the transfer of a criminal case filed against her by the father of one of the accused. She has pleaded for the transfer of the case from Unnao to Delhi because she could smell the conspiracy of dragging her from Delhi to Unnao where her life would be at great risk.

Not only this, the survivor has been dealing with many cases and non-bailable charges filed against her for her rape in 2017 when she was a minor. In the case of the Unnao survivor, a non-bailable warrant was issued against the survivor on the complaint of cheating and forgery filed by the father of one of the rape accused under trial.

This detail can be summed up in one question- what is the fault of the rape survivor that she is made to undergo such an ordeal?

The long and difficult ordeal of rape survivors

Rape survivors in our society are the target of several forms of the ordeal, ranging from physical to mental and emotional. They not only face shaming in society, but also endure victim-blaming where they are called out for their attitude, their way of dressing, their lifestyle, their dating life and their opinionated nature. Now rape survivors are hurled with cases against them filed by the rapists and their relatives. Now they have to prove that they were raped while struggling with cases of defamation that rapists impose on them to prove their innocence.

Isn’t it disturbing that a rape survivor has to pass through such ordeals to prove herself as a survivor? Why does it take so long in our judiciary system to identify the raped and the rapist? Yes, our law system allows every person to file pleas for innocence and doesn’t render guilty until it is proven. But is it right to drag a rape case for so long? Does it not hamper the safety of the survivor and other women like her? Does it not threaten the survivor’s right to justice?

I can explain my point by just picturing a scenario. If the Unnao case survivor is facing the ordeal of being charged with various allegations despite being a survivor, any other woman who gets raped or assaulted will think twice before registering a case. She will fear more about the possible risk to her life and consequent torture of cases hurled at her than being deprived of justice. This is one of the reasons why many women do not register rape cases and live with the burden of injustice throughout their life. The delay in the conviction of rape cases in courts is the reason why India has a very low conviction rate of rape cases.

It is already very difficult for rape survivors to survive in society with the same pride and honour that they had before being raped. Our society is already cruel to rape survivors to an extent that they force them to ">marry their rapists or excommunicate them. In addition to this, the allegations of defamation, non-bailable charges and many other cases against rape survivors make their lives even more difficult. They have constantly been pushed away from seeking justice despite knowing the fact that it is not easy for a woman to register a rape case.

It is high time that we stop ruling out the stories of rape survivors and put them on the sides of being tortured by society and the law system. It is just not fair to make a rape survivor’s life even more difficult than the rapists behind the bars. We need to overcome the long process of convicting rape cases so that more women feel encouraged to register cases and feel safe in society. I am not questioning the law system of our country but their attitude towards rape or other sexual crime cases.

Suggested Reading: Mandeep Kaur Death: When Will Society Stop Ignoring Cries of Domestic Violence Survivors

Just recently, a court stated that sexual harassment case cannot be registered against a man because the woman was wearing questionable clothes. Moreover, a minister said that if rape is inevitable then women should enjoy it. In such cases, how can we build our trust in the law system for granting justice to rape survivors? Once the law system of India becomes more vigilant towards rape cases, the rapists would have to think twice before committing any such crime not the rape survivor before registering a case.

Views expressed are the author's own.