30 Dec 2012

3 things we want after the Season of Rapes

It now turns out that another committee has been set up on 28th December to look into this matter.

Luckily it is headed by a Retired Lady Judge:
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           Justice (Retd.) (Ms.) Usha Mehra, Commission of Inquiry Starts Functioning 

            The Commission of Inquiry under the Chairmanship of Ms. Justice(Retd.) Usha Mehra has requested the members of public to provide any information about the shocking incident of rape and brutal assault on a young woman in New Delhi on Dec.16, 2012.
        Any information, suggestions and responses may be sent through email at usha.mehracommission@nic.in or through Fax at 011-23093750 latest by  Jan.10, 2012.
             All the members of the public including Jurists, Legal professionals, NGOs, Media persons/ journalists, Women Groups are requested to suggest measures to improve the safety and security of women particularly in the National Capital Territory of Delhi and National Capital Region.  
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Notice the short deadline and the typing error (Jan.10, 2012)

They think that by putting a deadline which basically ends with the vacation they will completely dodge the entire backlash.

And then when it is done, they will again shift to another commission and play carrom with us as the pawns.


You and I have 10 days to change the rape laws in India.

Can you take time out of New Year (surely not happy) to
 read this letter, write your own, and send it to them?

Give them whatever data you have got - statistics, opinions, expert advice, books by world famous authors, world famous books, on psychology, criminology, sociology, justice, anything.

And ask them for your chosen amendment to the law.

UPDATE: Send your email to both addresses: They have not specified to start / stop sending to any one of them.

usha.mehracommission@nic.in 

justice.verma@nic.in

This is your chance as a woman to save your future self and your family.

New Year's bash can surely wait this once - it's quite possible someone might grope / tease / harass you there, whether they be sober or drunk.


At least then, you might consider writing your own letter.

Here is mine:
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Respected Madam,
It is a rare privilege for a common person like me to be able to communicate directly with you.

However, the circumstances are quite horrible - in the aftermath of the Delhi GangRape and the poor handling of the protests by the Govt of Delhi and of India.

As a shocked citizen of India in my early 30s, I would like to present my suggestions for amendments to laws around sexual assault and rape.

I apologise in advance for any mistakes due to being ill-informed in legal language and procedure as I am not a lawyer.
Important words are underlined for ease of quick reading.

A.
Background:


Sex crimes are an attack on the sex organs of the victim.
They are also a permanent scar on the self-image, sense of well-being and emotional health of the victim.

Rapists are often people with high sex drive, desire for domination and revenge, or people without or with poor sense of social living. Some are even clinically diagnosable sociopaths who care for their own selfish interests only, and have no brain capacity to understand the pain of others.

I have personally talked with many rape victims in online support chats and discussions,
and I find that inevitably, the emotional scarring is permanent -
they experience flashbacks, nightmares, paranoia and debilitating depression and panic attacks.

Victims develop serious trust issues because a large percentage of rapes are by people known to the victims previously.

In our country, India, the social pressure to not get raped is huge, whereas the social pressure to not rape is not existent at all.
In several parts of the country, the ability to rape is considered a sign of male superiority, and bravado.
Rape is used routinely as a weapon to subjugate lower class or lower caste women because of the inherent shame that the woman or victim feels after the event.
With this fear and shame, the rapist also threatens other women to comply with his wishes - whatever they may be - economic, social or further rape.

B.
Suggestion #1 :

From my numerous chats with rape victims I can say these things with definite surety:
The lady victim is forced to explain rape as a crime to male police officers.
The lady victim is forced to repeat her story to multiple male officers and medical personnel.

The male police officers in question are not often polite, understanding, or capable of providing emotional support to the rape victim. Even in USA, Canada and Europe, many women victims have been greeted with replies like the following when they go to report a rape:
- Dont tell me you did not enjoy it while it was going on
- You should have called for help
- You should not walk alone at night
- You must have said something insulting and so they raped you
- You should have carried a weapon and used it
- You are fat and ugly, so it is not possible that anyone has raped you
- Are you sure you were not just molested, but actually raped?
- So-and-so is very powerful in our area and so we cannot accept a rape case against him
- Go away, come back when you have evidence that you got raped.

When such statements are made to a lady rape victim in trauma and shock, it is nearly impossible to expect her to give a proper report of the rape - the victim is almost always in tears, broken down, trembling, and desperate for emotional comfort of some kind.

They definitely need only women to handle them at that critical time.

Hence I strongly suggest that an amendment be made to ensure that

1.1 All rape cases be handled only by women police constables, inspectors and officers and women investigators

1.2 All rape laboratory investigations be done only by lady doctors, in laboratories under lady medical officers

1.3 All rape victims be provided lady lawyers to fight their case.

1.4 If and only if, it is not discriminatory, lady judges be preferred to hear cases of sexual assault or rape.

1.5 Gentlemen should be allowed to take on any or all of these roles only in the case that the victim is a male.


C.
Castration as punishment:


The following is suggestion made about 2 years ago by Additional Sessions Judge Kamini Lau :
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“It is time that we as a civil society stand up and also think of a law similar to the one existing in many developed countries providing for surgical and chemical castrations”.
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I therefore believe - Castration is a proportional punishment for sex crimes, which are themselves an attack on the sex organs of the victim.

Countries using Chemical Castration to sentence people convicted of sexual crimes (namely; rapists and pedophiles):

United States
·       California [1]
·       Florida [2]
·       Georgia
·       Iowa [3]
·       Louisiana [4]
·       Montana
·       Oregon,
·       Texas and
·       Wisconsin [5]

Europe [5]
·       Germany [6]
·       Portugal [7]
·       Poland [8]
·       UK [9]
·       Moldova [10]
·       Estonia [11];
·       Israel [12]
·       Australia [13]
·       Argentina [14]
·       New Zealand [15]
·       South Korea [16]
·       Russia [17]

D.
Suggestion #2:

My personal opinions against chemical castration and supporting physical / surgical castration are as follows:-

(1)
The law against rapists could be made even more loose by corrupt legislators by removing imprisonment and adding only chemical castration - this will be the opposite effect of what we want.

(2)
Chemical castration is reversible and in the ground reality of this corrupt system, might not even be implemented correctly at all - improper / diluted chemicals, fake / doctored injections, fake / doctored test results, etc, producing a situation of -zero- punishment for rapists.

Hence, I strongly suggest that physical / surgical castration be used instead.

Because not only is it a permanent scar, but it also shifts the burden of shame to the (mostly male) attacker.

The difference in effect produced by physical castration and chemical castration is quite dramatic - and it will be a fitting scar on the attacker, just as rape is a permanent shame and scar on the female victim.

Imagine, for example, how would a rapist, who has been castrated and set free immediately, face the world -

1. the men he did business with, his social circle, maybe his criminal circle - he will face the same shame that the victim faces.

2. His love life being destroyed the same way the victim's is, he will have full understanding of the consequences of sexual assault.

3. His chief motivator for crime - his sex drive and his male ego - will be crushed as it is not existent any more.

4. He dare not eve-tease another woman because the woman can taunt him back.

5. He dare not plot a revenge sexual assault with another man because he cannot perform a sex act, nor will the accomplice agree because of the fear of getting into the same position as the castrated attacker.

6. Because physical / surgical castration is immediate and much easier to verify, circumventing it by bribery, complicity, collusion and covering it up is extremely difficult.

7. Rape of males by males is also common and even in such cases, physical / surgical castration is a fitting and appropriate punishment.

8.   In several rape cases, the attacker is not a routine sexual attacker, but he makes one very serious error in judgement, maybe in a drunk state, and that results in rape, which he regrets later on.
For such cases, chemical castration might be more appropriate - as it does not permanently destroy the attacker, but gives him enough opportunity to change his thoughts and values.
However, there is no way to determine in each case, whether the attacker was the one-off type or a repeat offender.
In my opinion, even in these cases, physical / surgical castration acts as a strong deterrent as the man fears for loss of his manhood - even in drunken state, that fear should hold.

9.   Long jail sentences often make men worse than they were when they went in. Not to mention the unreported assaults and crimes that occur inside the jail itself - they are numerous and hidden due to absence of legal help or proof to the inmates.


E.
Right to record Govt interaction while reporting sexual assault.

It is clear from recent news reports that
(a) low reporting of rapes and
(b) hundreds of news items over the years where rape survivors have been turned away by the police, themselves questioned or interrogated by the police, even threatened and
(c) raped by the police who are supposed to take down the case. 

Therefore we need to make a provision in the law that allows women to take a camera, in her cellphone, or a companion with a camera along with them who can record the entire the rape reporting procedure.

It is a shame that rapes are not reported. But since it is a stigma issue, the legislature / judiciary cannot fix that easily and quickly.

It is a shame that Patriarchy is deeply ingrained in our culture and women have to bear too many burdens. But since it is social problem, the legislature / judiciary cannot fix that easily and quickly.

However, it is a far bigger shame that we dont have a provision for women to safely report a rape.

Suggestion #3:

This is something all 3 - the judiciary, the legislature and the executive can fix very quickly and with just a few simple orders.

This is where the first battle against our Rape Culture will be won - in the police station and govt offices  - when the police or govt officials will have to register and accept complaints regarding to sexual violence and rape that come in because there is a camera that they do not own or control, which is recording them.

It is of no use whatsoever if there are CCTV cameras installed in police station or Govt office, whose officials or offciers are in the control of the office and so of the tapes.
This is the case in many western countries - especially USA - and the abuse of the CCTV system is rampant.

Rogue cops and security officers in USA routinely delete CCTV recordings, just like ours make files go missing.

Cases are regularly closed or thrown out of US courts with police or security officials earning reprimands or punishment because they lost the CCTV tapes in question. So it is quite clear that CCTV in police stations or Govt offices solves nothing but creates additional burden on Police or Govt offficials.

Instead make it legal to record cops and govt officials with mobiles and with normal video cameras while reporting all cases of violence against women and sexual assault.

A rape victim will, in her anger to bring the rapists to justice, definitely be able to gather resources and record her statement and the police or Govt official's reaction to it. That is her only hope of getting true justice.

Respected Madam, we have all the technology needed available for very cheap in our cellphones, all we need is for the law to remove barriers that prevent us from taking steps for our own safety.

I humbly request you to take steps to allow this, even if only for reporting of violence against women or sexual assault, if you wish, and not for anything else, if you think this will undermine the authority of the police.
Constitutionally, everyone knows that the Indian public owns the Govt and the Police too, but obviously, that does not work out in reality.
In reality, we are free to speak only as long as we do not trouble the people in power, then, we suddenly lose our rights and often end up in custody. We have seen this regularly over the last 2 years of protests.

Hence, I do not ask for total freedom to record police and Govt officials everywhere - but just only for reporting violence against women and sexual assault - because this is becoming quite shameful.

Without legal protection, women who have undergone sexual assault or molestation or harassment cannot hold up cameras to the Govt officials or police officers who are staring her down in a group, in their own den.

Women need this legal protection first and foremost, whether or not it helps get convictions in sex crime cases.
Women simply need to come forward and report assaults and molestation in much higher numbers.

In summary, my opinion is :
1. All rape cases where victims are women must be handled by women police officers, women doctors, and women lawyers.
2. Physical castration can be a strong deterrent as well as an appropriate punishment.
3. Right of rape victim to record on her own electronic device, the entire interaction of reporting rape in the police station or Govt office for any interaction with the state machinery regarding reporting of sexual assault, molestation, sexual harassment, eve-teasing and street harassment.

I thank you for reading through my suggestions.

I also thank you once again for providing a way for ordinary citizens to contact you directly.

Respect and Regards,
MS.

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References:

[1] The first U.S. state to specify the use of chemical castration as a punishment for child molestation, following the passage of a modification to Section 645 of the California penal code in 1996.[13][14] .This law stipulates that anyone convicted of child molestation with a minor under 13 years of age may be treated with Depo Provera (Chemical Castration) if they are on parole and it is their second offense and that offenders may not reject the treatment.[13][14][15][16]
[2] As in California, treatment is mandatory after a second offense
[3] In Iowa, as in California and Florida, offenders may be sentenced to chemical castration in all cases involving serious sex offenses.
[4] On June 25, 2008, following a Supreme Court ruling (Kennedy Vs. Louisiana) that the execution of child rapists where the victim was not killed was unconstitutional,[18] Louisiana Governor Bobby Jindal signed Senate Bill 144, allowing Louisiana judges to sentence convicted rapists to chemical castration.[4][19][20]
[5] The drug cyproterone acetate has been commonly used for chemical castration throughout Europe. It is similar to the drug MPA used in America.[5]
[6] In the 1960s, German physicians used antiandrogens as a treatment for sexual paraphilia.[5]
[7] In 2008, an experimental intervention program was launched in Portugal, covering three prisons, in Carregueira (Belas, Sintra), Paços de Ferreira and Funchal. The program also included a rehabilitation component.[26]
[8] On September 25, 2009, Poland passed legislation for forcible chemical castration of child molesters.[27] This law came into effect on June 9, 2010, so in Poland "anyone guilty of raping a child under the age of 15 can now be forced to submit to chemical and psychological therapy to reduce sex drive at the end of a prison term".[28]
[9] On April 30, 2010, a man in the United Kingdom found guilty of attempting to murder a 60-year-old woman in order to abduct and rape her two granddaughters, agreed to undergo chemical castration as part of the terms of his sentence.[29]
[10] On March 6, 2012, Moldova passed legislation for forcible chemical castration of child molesters. The law came into effect on July 1, 2012.[30]
[11] On June 5, 2012, Estonia passed a law to allow forced chemical castration of sex offenders.[31]
[12] In May 2009, two brothers from Haifa, convicted child molesters, agreed to undergo chemical castration to avoid committing further crimes.[32]
[13] In 2010, a repeat child sex offender who had been subject to chemical castration inappropriately touched and kissed a young girl. He was found not guilty by a jury, which was not informed of the context of his previous offences.[33]
[14] In March 2010, Mendoza, a province in Argentina, approved a new law which allows rapists to voluntarily undergo chemical castration therapy in return for reduced sentences.[34]
[15] In New Zealand, the antilibidinal drug cyproterone acetate is sold under the name Androcur. In November 2000 convicted paedophile Robert Jason Dittmer attacked a victim while on the drug. In 2009 a study into the effectiveness of the drug by Dr David Wales for the Corrections Department found that no research had been conducted in New Zealand into the effectiveness and such trials were ethically and practically very difficult to carry out.[35]
[16] In July 2011, South Korea enacted a law allowing judges the power to sentence sex offenders who have attacked children under the age of 16 to chemical castration.[36] On May 23, 2012, a repeat sexual offender known only as Park was sentenced to this treatment after his most recent attempted offence.
[17] In October 2011, Russia parliament approved a law allowing chemical castration for those convicted sex offenders who have attacked children under the age of 14, as decided through a court-requested forensic psychiatrist.[37]
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