Citation

Brereton Z. Int. J. Comp. Appl. Crim. Justice 2017; 41(1-2): 41-62.

Copyright

(Copyright © 2017, American Society of Criminology's Division of International Criminology, Publisher Informa - Taylor and Francis)

DOI

10.1080/01924036.2016.1233442

PMID

unavailable

Abstract

Despite public outrage over our global "rape culture," sexual offences continue to be characterised by low levels of reporting, prosecution, and conviction in many countries. Attrition rates for sexual assault internationally, although varying in pattern, are consistently high. As a signatory to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Declaration on the Elimination of Violence against Women (DEVAW), the Indian Government acknowledges the need to afford better protection to victims of gender violence. Assessing the effect of rape law reform in India, using crime statistics and a survey of recent judgments from the Delhi District Courts, the author argues that the legislature has failed systematically to address the many injustices experienced by women who allege rape. The Indian Parliament responding to the moral panic generated by the Delhi gang rape case with knee-jerk reforms, focused mainly on increasing penalties, maintaining an outmoded view of rape as a crime against morality rather than as a violation of gender rights and human rights. By closely investigating the sociocultural context in which sexual crimes against women occur in India, the author reveals that India's "cultural" arguments for rejecting further reform (such as repeal of the marital rape immunity) are merely entrenched gender biases, bearing strong parallels to nineteenth century English common law perceptions of women who allege rape as a class of false complainants.

Language: en

Keywords

domestic violence; false complaints; India; law reform; rape; Sexual assault