Sexual abuse: social stigma propels acquittals

Sexual abuse: social stigma propels acquittals
VIBHA VERMA
PANJIM, OCT 24
Even though Goa Children’s Act (GCA) is stringent enough to nail the sexual abuse on minors, the fear of social stigma seems to propel the number of acquittals in such cases.
The victim turning hostile pricks hole in the entire proceeding deflating it completely, the prosecutors said. In the recent past, the government lawyer representing these minor girls have to walk extra mile to convince the parents and victims to stick to their grounds so that the law can prevail.
The contention of consensual sex is becoming an excuse, which gives an edge to the accused in many cases.
Public Prosecutor Poonam Bharne said that if victim is less than 16 years old, even her contention about consensual sex is not considered by the Court. But if she is aged between 16 and 18 years, her statement of consensual sex flattens the case.
“Most rape cases are acquitted because the victim is 14 years plus and below 18 years. They are around 15 and 16 years of age. They depose before the Court that they are in love with the accused and voluntarily fled. If a victim, in such deposition, is above 16 years her consent is material,” she said.
At the same time, if the victim admits consensual sex, the case falls apart – accused escapes conviction. The same statement however is invalid if a victim is below the age of 16 years.
There are other instances in which medical evidence fails to confirm rape and victims, at times, are tutored by parents to depose against the boy.
The cases of victims’ families shifting to another town also leave the prosecution groping in darkness. They go untraceable and case hits the rock bottom.
In 2009, out of 28 rape cases disposed at Children’s Court, the prosecution could achieve only six convictions as against 15 acquittals and seven discharges. While in 2010 till date, around 12 rape cases have been disposed out of which in seven cases the accused have been
acquitted, one convicted and remaining discharged.
Bharne said that the number of discharged cases is piling up because the parents rush to police after their girl does missing. But after the charge-sheet is filed it’s revealed to the court that the girl is between 16 and 18 years.
The prosecution receives setback when in certain cases, victim marries the same person against whom she previously files a complaint of rape or sexual assault. Simultaneously, “forgiving and forgetting” tendency surfaces keeping in mind the family reputation and avoid social stigma, victim and her family discontinues support to prosecution.
“This happens especially when there is delay in filing a chargesheet and taking up proceedings…At times, parents support the case but victim deposes contrary,” the PP pointed out another reason for case failure.
She said that the practice of rape accused marrying the victim is also growing, which ultimately results in freeing the violator. “There are three-to-four cases where the victim is married to the accused and gives birth to his child…DNA is positive proving he is the biological father,” Bharne said.
In such a case, though the victim is below 16 years, the rape accused looks after the child, gives his name as father of the child in the birth certificate and promises to marry the girl once she becomes major.
Entangled in the law and perhaps for the better future of the victim and her child, the prosecution gives up the case. “How can a prosecutor expect conviction of the accused? Ultimately one has to see the welfare and future of the child born…if victim is not willing to give statement against her husband, she cannot be compelled…,” said the PP.