India's highest court says If a woman claims she is raped, she IS raped!
By coolmailraj
@coolmailraj (2460)
India
July 15, 2008 8:46pm CST
In a verdict recently, the apex court of the biggest democratic nation in world said that if a woman says that she is raped then she is a victim. The Supreme Court on Tuesday held that a rape victim's testimony in a court about the crime needs no corroboration to convict the accused.
I can't stand a single bit of this. Is it true that whenever a woman says that she is raped, she actually is?
For me this sentence creates a doubts on the reliability of Woman and of Supreme Court.
5 people like this
6 responses
@zeroflashx2 (2491)
• Philippines
16 Jul 08
I believe that whether if it's true or not, the trial should be fair both to the woman and whoever is the accused. There will be ways to prove that there really was penetration made and the victim obviously is unwilling to do it. Scientifically, DNA tests can be done. Match DNA samples between the victim's reproductive system and the male. If it matches, then there's evidence. It is then to be proved that it was forced. That would depend on the situation.
It would be unfair if the accused it convicted just because the victim says she was raped and that's it. She has to prove it and the accused should be given a chance to defend. If proven beyond reasonable doubt, then convict the accused. I can't imagine a court who would take words only. Maybe you left out a detail? not sure. Take care.
@coolmailraj (2460)
• India
16 Jul 08
Hi.
I have checked three different news sites before starting this discussion and all of them said the same.
I too believe that the trial should be fair one and then if proved guilty, accused should be punished, but if proved not claimed.
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@zeroflashx2 (2491)
• Philippines
16 Jul 08
Definitely my friend. If proven guilty, give ample punishment. Let him suffer for what he has done in that case. see 'ya!
1 person likes this
@sharra1 (6340)
• Australia
16 Jul 08
Since there are rarely witnesses to rape there is only the word of the rape victim versus the accused. However, since rapes are violent crimes there is usually medical evidence of the violence of the attack. If a woman says she has been raped and the medical evidence backs up the account then I would believe her. I do not see why you would regard women as unreliable unless you believe that men do not rape and there is plenty of evidence to prove that some men do rape.
If all rape victims needed corroboration or a witness to prove the rape then no rapist would ever get punished and men would do as they please. Rape is a serious crime and should be punished.
@coolmailraj (2460)
• India
16 Jul 08
That's what I say.
There should be an evidence and if there is then the accused should be punished hard, really hard.
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@alindahaw (1219)
• Philippines
16 Jul 08
That is comforting to hear. I mean a lot of women who had been raped do not really file a formal complaint against their assailants because of those nasty court trials where they will be grilled on the witness stand as if they are the criminals. A lot of rape victims say that they feel that they have been raped over and over again after testifying in court. i don't think that women have to go through such horrible experience over and over again just to prove that indeed she was violated.
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@coolmailraj (2460)
• India
16 Jul 08
You are not getting the point. Why should someone be punished if there is no proof of his wrong doing. You accuse someone and he is punished! Why?
There might be a case where the woman is accusing the man for taking some kind of revenge, she might have lost to him in some competition, it may be anything. This is like giving license to punish to every woman.
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@coolmailraj (2460)
• India
16 Jul 08
Hi.
Can't agree with you more. That's exactly my point.
Thanks for your response.
5 people like this
@blackmantra_x (2732)
• Philippines
16 Jul 08
good day..I would stand and take it that a woman is rape if she said so and the medico-legal back her up but what I can't stand is that the court would take her word as complete truth. I mean she may have been rape but is it really the she accused that had done it? I think further medical and legal investigation should be done as to who really raped her. just my 1 cent.
@coolmailraj (2460)
• India
16 Jul 08
Hi.
That is very much what I think. Thanks for your response.
5 people like this