Rape or Infringement of Privacy

Scenario 1: An unknown male rapes an unknown female, and then they never meet again, and nobody knows anything about it.

Scenario 2: A well-known male, may be a boyfriend, has consensual sex with a well-known female friend; the duo consensually make a private video of their activity, but, one fine day, the male friend makes the video public in the local community.

The first is a crime and carries a minimum punishment of 7 years; the second is not at all a crime: it is only a collateral crime of obscene publication under section 294 IPC, which carries a meager punishment of 3 months. It doesn’t need a mind of a scientist to reach a conclusion that the second is a much bigger crime. In fact, the large number of rapes are reported just to obviate the publication of such obscene videos, which might have been made during the act of rape; and, sometimes, even consensual acts are falsely reported as rape to obviate such publications.

I have related the above two scenarios to bring forth the point that rape is nothing more than an act of sexual violence unless it carries along with it some ancillary acts which may have the effect of ruining the life of the rape victim; Many a times rape victims are converted into lifetime sex slaves by their perpetrators through a well organized system of domination and conditioning, and the politicians and the police are very important ingredients of this system; at times, they even force well-established people into prostitution with the promise of privacy protection, but, of course, nobody ever report such cases.

I hate those who accentuate individual rape cases of high society victims: by doing so, they only help those who want to lower the status of women in society by identifying them as powerful sex objects with deep cleavages; the deeper the cleavage, the more the power.

Comment dt. 07.04.2012

I have deliberately not included the second scenario as a crime u/s 509 IPC or under the IT Act because, as put up by me, it is not.

Though this is tangential, but, I think, I need to mention it. A prostitute who is not paid for her services can file a complaint for rape as she has been defrauded — prostitution per se is not a crime; it’s immoral trafficking which is a crime. Thus, the Gurgaon rape case is rape irrespective of the opinions of the police officers concerned, who think it is not rape because she was anyways a prostitute.

©2012 Ankur Mutreja

About the Author

Ankur Mutreja
Ankur Mutreja is an advocate-cum-writer, and his blogs are amongst his modes of expression. He has also authored six books: "Kerala Hugged"; "Light: Philosophy"; "Flare: Opinions"; "Sparks: Satire and Reviews"; "Writings @ Ankur Mutreja"; and "Nine Poems"; which can be downloaded free from the links on the top menu.

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