Although the implementation of laws may deter people through fear of punishment, changes in deeply held beliefs that justify such behaviour might take so much longer to occur, and this is where societal constructs come in. It is impossible to ignore the huge role society plays in establishing administrative structures. This is because, while the concept of justice thrives on fairness and non-discrimination, judgments are often blinded by beliefs and prejudices, which in turn determine laws put in place. In India, Justice Krishna S. Dixit of the Karnataka High Court granted bail to an accused, implying that the past sexual history of a woman remains an element in several courts adjudicating rape cases. To end rape culture, awareness needs to be intensified. Another key aspect is the reform of statutory provisions. The laxity of laws regarding such a sensitive crime might lead many to believe that maybe it is not so serious a crime or maybe the victims somehow “ask for it.” Therefore, it is important that the laws portray rape as it is and smash rape culture as a wicked act no one deserves to suffer. There should be aggravating factors such as the transmission of HIV or other serious diseases to victims of rape, the offender being in a position of trust vis-a-vis the victim, and weapons being used in the perpetration of the rape. Higher penalties should also be accompanied by more in-depth reform of sexual offenses laws – especially redefining ambiguous terms (such as rape itself) in statutory provisions. “…the most cited reason among rape victims who choose not to press criminal charges is that they made their choice not to report because “they wanted to avoid the ordeal of court…”
Rape culture has existed since the beginning of time, when rape was an adequate punishment against crime, women and girls were viewed purely as sexual objects, men who behaved in a ‘less-masculine’ manner were raped to be ‘toughened up’, and victims were solely blamed for being raped. Indeed, many thinkers agree that time has favoured people. Now, marital rape is recognised as illegal in most countries, stricter laws have been put in place, and through movements, awareness, and education are being raised. Generally, social roles are carried out by agents of socialisation (family, school, media, religious bodies, civil groups or societies, and peer groups), while administrative roles are carried out by law through lawmakers and law enforcement agencies. However, there is a long way to go in carrying out social or administrative responsibilities, and multidimensional efforts within society that will contribute to ending rape culture. There are certain roles administrative structures will play in ending rape culture, and they span across various sectors. Firstly, as much as rape requires bodily evidence and physical examination, the examiner must consider the extremely sensitive situation of the victims. In South Africa especially, there are no enforceable laws guiding how forensic examinations should be carried out and how facts of rape cases should be presented in court, and this has affected the reporting of rape cases. The most cited reason among rape victims who choose not to press criminal charges is that they made their choice not to report because “they wanted to avoid the ordeal of court,” which should not be the case. There is an urgent need for a comprehensive policy that directs health authorities’ attention to the needs of victims after an assault. While guidelines exist, they are not strict, and hence, there is a huge margin of error for forensic tests to be compromised.
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June 2023 | Collective Action Magazine
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