Statement on the recent case of Sexual Assault

Following the spate of news reports regarding the case of sexual assault, we as organizations and individuals working on issues of women�s rights and violence against women, feel that there is a need to comment on the role of that various agencies must play in order that the perpetrators of this heinous crime are brought to the book. In this light, we would like to point out the following:

1. Role of the Hospital: There have been questions raised by the police and media about whether evidence can be collected without an FIR. In fact, the police even insisted on taking the victim to Nagpada Police Hospital for re-examination (which the hospital rightly refused) despite the fact that Rajawadi Hospital had already collected evidence. As per the judgment of the Supreme Court in State of Karnataka v Manjanna (2000) , a requisition for examination from an Investigating Officer is not required. A victim can go directly to a hospital, get herself examined and treated, and subsequently decide on legal action.

2. Delay in filing an FIR: Another issue raised has been around the delayed reporting of the case, because the victim reported to Rajawadi hospital for treatment and evidence collection on the night of Sunday, 11th April but registered an FIR only on Tuesday 13th April. It is ridiculous for defense lawyers to question the delay in reporting of the case to the police. Victims may need time to recover from the immediate trauma caused by sexual assault before lodging a police complaint. At the same time, forensic evidence depletes with the passage of time; therefore it is essential to collect this evidence, even if the woman has not yet decided whether she wants to pursue a legal case.

3. Limitations of forensic and medical evidence: It is important to keep in mind that although medical evidence plays a crucial role in providing justice to victims of sexual assault, it has its limitations. As the doctors at Rajawadi hospital have already clarified, the victim had washed herself after the incident, which could have led to loss of evidence. Also, if the accused had used a condom while having intercourse with the woman (as rapists have been known to do), there would be no evidence of semen on her. There might also be no external injuries because the woman was unconscious when sexually assaulted. It is a myth that women who have been sexually assaulted will show obvious signs of injury. Only about a third of sexual assault victims show physical injuries . Under such circumstances when medical evidence may be difficult to come by, circumstantial evidence and the victim�s own testimony takes on prime importance.

4. Examination of the accused: For proving a charge of Rape with the aid of medical evidence, it is essential to corroborate physical and material evidence found on the victim with that of the accused and vice versa. Unfortunately in most cases, these examinations are done by different doctors / hospitals (as was seen in this case as well) and the much required corroboration of evidence cannot be done immediately. As a result the crucial corroborated evidence which would help in the course of the investigation of the case is delayed/lost. If the existing system is modified and if same doctor or at least hospital does both victim and accused medical examination, much needed corroboration of crucial medical evidence can be done as practiced in western countries. Thus Policy makers/ Investigating authorities to update themselves otherwise it would hinder Justice.

5. Role of the Media: In such a scenario, responsible and sensitive reporting by the media is imperative. There has been a lot of uproar, and rightly so, regarding the failure of the media to protect the victim�s identity. The media has also indulged in victim-blaming and has been raking up past history of the woman which has no bearing whatsoever on the case. This amounts to character assassination and inflicts a great deal of secondary trauma on a woman who has already been traumatized. A Supreme Court ruling clearly states that past sexual history has no bearing on the current complaint of sexual assault. Prejudiced and insensitive reporting discourages women from reporting a crime such as this that is already under-reported. The press wields a lot of power, owing to its wide reach. But through irresponsible reporting such as this, it silences even those who have the courage to speak out.

6. Amendment of Section 375 of IPC: Going beyond this case, it is also important to note the larger problems with the way sexual assault is defined in Indian law. Section 375 of the Indian Penal Code restricts its definition to peno-vaginal intercourse and ignores all other forms of sexual abuse. Other acts of sexual assault such as with foreign objects, oral and anal penetration do not, currently, come under the purview of this law. It is high time that these acts of forceful sex be included in the definition as well. Endorsed by Forum Against Oppression of Women, Women�s Center, Awaaz-e-Niswaan, Akshara and CEHAT. Women's groups speak up for TISS gang rape victim