I guess you meant consensual. And yes, it is possible to prove such a thing, but with great difficulty. Though the chances of that happening are vastly exaggerated. Not many are willing to be termed as a rape victim and face social backlash. Even many rape victims themselves don't register a complain for this exact reason.is it possible to prove conscious intercourse as rape ?
Yes this is a misuse.I guess you meant consensual. And yes, it is possible to prove such a thing, but with great difficulty. Though the chances of that happening are vastly exaggerated. Not many are willing to be termed as a rape victim and face social backlash. Even many rape victims themselves don't register a complain for this exact reason.
You can read more about that here: https://en.wikipedia.org/wiki/False_accusation_of_rape
I am not entirely sure but I guess there are two reasons - a. India's lack of harsh laws on lying while on stand. People tend to indict themselves but get away with it. b. The way this specific law puts burden of proof on the accused not the accuser (turning innocent until proven guilty on its head).Yes this is a misuse.
Reminds me of misuse of section 498A. If anyone remembers Suhaib Ilyasi (India's Most Wanted), he was charged with this.
Your wife/daughter-in-law who's demands are not met can make a written false complaint of dowry harassment to a nearby police station. The husband, his old parents and relatives are immediately arrested without sufficient investigation and put behind bars on a non-bailable terms. Even if the complaint is false, you shall be presumed guilty until you prove that you are innocent.
498a can only be invoked by wife/daughter-in-law or her relative. Most cases where Sec 498A is invoked turn out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they are mere blackmail attempts by the wife (or her close relatives) when faced with a strained marriage. In most cases 498a complaint is followed by the demand of huge amount of money (extortion) to settle the case out of the court. This section is non-bailable(you have to appear in court and get bail from the judge), non-compoundable (complaint can't be withdrawn) and cognizable (register and investigate the complaint, although in practice most of the time arrest happens before investigation). There have been countless instances where, without any investigation, the police has arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. In these cases unsuspecting family of husband has to go through a lot of mental torture and harassment by the corrupt Indian legal system. A typical case goes on for years (5-7 years is typical) and the conviction rate is about 2% only. Some accused parents, sisters and even husbands have committed suicide after time in jail.
That's not a defense at all, its a surrender. Defense is have your own lawyer.
I guess you must be talking hypothetical cause police and doing their jobs never exist on the same linesThat's not a defense at all, its a surrender.
Cops don't register a complaint unless there is just cause. Their job is to not be biased and treat both as suspect until the facts are established. That is if they are doing their job.
I suspect there is more to this than meets the eye.
Ok, if u were talking about my colleagues predicament, there was no just case. How did it happen? Maybe because of the religion. Still that is complete OT, my bad.- There are competent cops out there. In India cops are overburdened, under resourced and we can't increase their numbers because the govt sees them as a cost center and not a generator of revenue. Cops are not allowed to do their jobs. When they do their jobs they get pulled up by politicians and when they cannot solve a problem due to constraints we blame them.
- not referring to tejpal, just 498a.
- attempted rape is still not rape just as attempted murder isn't murder. right ?
The reason this confusion even exists is because of the grey area that sexual assault covers. This is defined in other countries where women have been working in larger numbers for much longer. We're still breaking new ground. Whether this case becomes the landmark case that defines those contours & limits remains to be seen.
My colleague also got really desperate, we had to give character witness statements to the police to stop harassing him.sharktale1212, one such case took a life:
'Harassed' by police and in-laws, man kills self
"If conclusive proof was needed of the political vendetta that has been unleashed against me, under the guise of a sexual molestation investigation, it has been emphatically provided today. In a blatant attempt at twisting and concealing the facts, the Goa police while filing a 3000 page highly spurious charge sheet, has not presented or handed over the most crucial piece of evidence in this case, the CCTV footage of the incident
In my first and only press note of November 22nd 2013 I had urged, "the police to obtain, examine and release the CCTV footage so that the accurate version of events stands clearly revealed". I said this at a time, from Delhi, when I had neither accessed nor seen the footage. But since I was the man on the spot I knew the truth of what had happened.
It is violative of due process, to not make all collected evidence available to the accused at the time of filing the charge sheet. In fact, receipt of the footage is what we have been impatiently waiting for since the last three months. This duplicity is in keeping with the sinister and motivated political vendetta that is being pursued.
I have been in jail since November 30th simply because the goa police, clearly acting under the orders of their political bosses, have refused to release this crucial footage of the relevant days, 7th and 8th November. This entire case hinges on the 130 and 45 seconds (as per the charge sheet) of contested time which can be brought to light via the CCTV footage. The goa police know their fabricated case will collapse the moment the footage is revealed and compared with the 'testimony' of the alleged victim, on the basis of which the Goa police filed it's FIR under draconian provisions.
As it were, I viewed the relevant footage of both days whilst being 'held' in police custody and the footage clearly validates me. The fact is most of the officers in the crime branch know there is no case, and have said as much to me. Even so the IO has been pursuing an agenda spelt out for her by her political masters, totally violating the principle of police neutrality.
I'm afraid what we are witnessing here is an early sign of the inherent fascism of the right wing that will target its detractors in the most sinister and underhand ways, using all the government machinery at its disposal. This is a warning shot across the bows of all liberals and opponents of communal politics. It's a crying shame that a major party that is bidding to rule the great pluralism that is India is imbued with no tolerance of dissenters and critics, of whom I certainly am one."