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Why do rape victims turn in court or settle for mediation with the perpetrators? Nithya Nagarathinam suggests that mediation is far more common in cases of rape than is known because of the particular nature of the crime and the problematic idea of consent. Inadequate criminal justice systems that do not offer protection to witnesses result in situations where mediation is sometimes preferable to fighting it out in court. This article discusses the complicated nature of rape and how easy it is for victims to turn hostile under multiple pressures. A judge of the was recently in the news for ordering mediation between parties in a rape case. Soon after, the, while hearing a different case, ruled against any type of compromise in cases pertaining to rape or attempt of rape.

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“In a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. These are offences which suffocate the breath of life and sully the reputation. There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct,” the Supreme Court said in its order on July 1, 2015. Subsequently, the Madras High Court judge recalled his interim order. While the Supreme Court’s pronouncement related to a case of sexual assault and rape of a seven-year-old in Madhya Pradesh in 2008, the case in involved a woman who was raped as a minor, making it a case of statutory rape. Download lagu sunda doel sumbang full album best of the best. It was also clear that the survivor in question was not open to mediation or marriage to the perpetrator.

The Madras High Court judge’s order to initiate mediation is an indicator of a larger tradition where female victims are often asked to not see a crime as a crime, but as an incident that can be somehow “resolved” through mediation. Khap panchayats often resort to such practices as an alternative justice delivery mechanism. During my recent research on rape in India at The Hindu Centre for Politics and Public Policy, I found that mediation and compromise are nothing new, particularly in cases involving consensual sex based on the promise of marriage. Sometimes, such cases are also considered as “false cases of rape” by some men’s rights groups when women who feel deceived under such false promises file complaints against individual men under Section 376 and 417 of the (IPC), which deal with rape and cheating respectively. According to data from the (NCRB), there were 10,475 acquittals in rape trials in the year 2010 and 13,732 acquittals in 2013. According to legal experts and advocates dealing with rape cases, victims turning hostile from their statements given to the police accounts for over 80 per cent of the total acquittals. On top of this, some cases never make it to trial.