Break the silence on sexual assault

Ten years ago, I was raped by someone whom I trusted. I was forced to lead a secluded life, but the one who should have been punished is leading a happy life today as the case is still in court. Initially, my parents discouraged me from reporting the incident. But with the help of an NGO, I lodged a complaint though I don't know if I will get justice." — Aparna, rape victim "When I went to lodge a complaint against the rapist of my four-year-old daughter, I was asked by the police to sign on a piece of a paper and I did. Later, I found out that the paper had a statement saying I didn't want my daughter to undergo a medical examination. In the absence of a medical report, the accused was let off. The review petition in the higher court was also dismissed because two years after the incident, my daughter had become more articulate and so it was felt that she was tutored." — R Kapoor, father of a victim (names have been changed) The Imrana verdict might seem to be a shot in the arm for rape victims, but such verdicts are very rare. Most rape cases go unreported or drag on in courts for years. Afreen, legal officer with Lawyers' Collective in New Delhi, says that in 90% of the cases, the victims at some stage during the trial feel that the whole exercise is futile and would prefer to back out because they cannot maintain anonymity, though the law provides for it. ""Even Imrana was publicly named. But she had the support of the media and her family. In many cases, they are not assured of any security," says Akhila Shivadas, executive director, Centre for Advocacy and Research. She recalls an incident where a victim charged her husband with rape. But before she could gather evidence, he killed her. In most cases, the victims are made to either marry the rapist or the parents arrange for a hush-hush marriage. Shahjahan, a counsellor at NGO Shakti Vahini, remembers an incident where a victim was married to the driver of the rapist. ""She agreed as she had nowhere else to go," he says. Approaching the police is also not a welcome prospect. ""Investigating officers are advised not to visit the house of the victim and if they do, they should be in plain clothes. But that never happens," says Sudhir Rai of Centre for Social Research. ""Often, they presume that the victim is lying and treat her at par with the accused," adds Afreen. The problems start with the FIR itself. ""In most FIRs, the police refrain from using the word "rape' or "assault' but use terms like wrongdoing," says Afreen. The victims are even discouraged from filing an FIR. ""Recently, the father of a victim was told was "why did you let your daughter have so much freedom'? " says Rai. ""Most of the victims don't trust the legal system," says Ranjana Kumari, women's activist. ""There is no conviction in 99% of the cases. Also, it takes many years to get justice," says Flavia Agnes, lawyer and women's rights activist. Women are also humiliated and asked uncomfortable questions. ""Even for judges, it's a big joke. They laugh at the kind of questions asked in court," Agnes adds. The solution, she says, lies in improving the conviction rates and in inspiring confidence so that victims feel encouraged to report crimes.