Nulhuvolu Rhakho*
One of the most offensive crimes committed in our society is sexual assault. Like other physical assault, it is an act of violence. It not only has physical and psychological effect on the victims but it is also a threat to our society. It has become a focal point of public concern for the past couple of decades.
Sexual assault and abuse is any type of sexual activity that you do not agree to, including inappropriate touching, vaginal, anal, or oral penetration, sexual intercourse that you say no to, rape, attempted rape, child molestation. Sexual assault can be verbal, visual, or anything that forces a person to join in unwanted sexual contact or attention. Examples of this are voyeurism (when someone watches private sexual acts), exhibitionism (when someone exposes him/herself in public), incest (sexual contact between family members), and sexual harassment. It can happen in different situations, by a stranger or an acquaintance in an isolated place, on a date, or in the home by someone you know.
Rape is a common form of sexual assault. It is committed in many situations—on a date, by a friend or an acquaintance, or when you think you are alone. Educate yourself on “date rape” drugs. They can be slipped into a drink when a victim is not looking. Never leave your drink unattended—no matter where you are. Try to always be aware of your surroundings. Date rape drugs make a person unable to resist assault and have a type of memory loss so the victim doesn’t know what happened.
Violence against women by any one is always wrong, whether the abuser is someone you date; a current or past spouse, boyfriend, or girlfriend; a family member; an acquaintance; or a stranger. You are not at fault. You did not cause the abuse to occur, and you are not responsible for the violent behavior of someone else.
Sexual assault is a traumatic event that can cause extreme psychological effects on the victim. These effects can be short-term, and they can manifest themselves into long-term effects, depending on the individual and how the sexual assault occurred. Victims of sexual assault can be either young or old, male or female, adult or a child with both sexes having fairly similar psychological effects. In addition to these psychological effects, some individuals develop Rape Trauma Syndrome or Post Traumatic Stress Disorder, which can be more easily classified as short-term versus long-term responses. Every individual is different and may differ in their reactions to this event; there is no normal or common way to react.
For individuals that have experienced this disturbing event, the effects can be described in terms of different phases in which they go through. Many victims experience shame, self-blame, self-doubt, undergoes lifelong trauma and social stigma. During the impact phase, which occurs immediately after the attack, the victim tends to fall apart inside. They often experience shock, which has a sudden and powerful effect on emotions and physical reactions, or denial, which is a state of mind marked by a refusal or inability to recognize and deal with what has occurred.
Disclosure: Name and identity of victims of rape and sexual assault, including those who have died, cannot be disclosed ‘even in a remote manner’, even the statement of the victim in court should be recorded in camera (in Magistrate Chamber) for the best interest of the victim,however instead of empathizing with the victims, society treats them as ‘untouchable’.Nobody can have any objection to the victim disclosing her name as long as she is a major and has taken a decision regarding this voluntarily.
The media should also be cautious not to ‘sensationalize’ such cases and though they have an obligation to report such matters, they are also ‘duty bound’’ not to disclose the identity of such victims, including the minors.
FIRs lodged for the offence of rape or sexual assault under the Indian Penal Code (IPC) and offences under the Protection of Children from Sexual Offences (POCSO) Act shall not be put in public domain."No person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large,".
In our present society, an "innocent" victim of sexual offence, especially rape, was unfortunately treated worse than the perpetrator of crime and "for no fault of the victim, society instead of empathizing with the victim, starts treating her as an 'untouchable'. A victim of rape is treated like a 'pariah' and ostracised from society. Many times, even her family refuses to accept her back into their fold. The harsh reality is that many times cases of rape do not even get reported because of the false notions of so called 'honour' which the family of the victim wants to uphold,".
In cases where the victim is dead or of unsound mind, her name and identity should not be disclosed even under authorization of next of the kin unless circumstances justifying the disclosure of her identity exist, which shall be decided by competent authority that is the Session’s Judge.The police officials should keep all the documents in which the name of the victim is disclosed, as far as possible, in a sealed cover and replace these documents by identical documents in which the name of the victim is removed in all records which may be scrutinized in the public domain.
Media as well as the journalists should refrain from talking to such victim because every time the victim repeats the tale of misery, he/she again undergoes the same trauma. Reportage of such cases should be done sensitively keeping the best interest of the victims, both adult and children, in mind. It said that authorities, to which the name of victim was disclosed, were also duty bound to keep it secret and not to disclose it in any manner, except in the report which should only be sent in a sealed cover to the investigating agency or the court.
The application filed by the next of kin to authorise disclosure of identity of a dead victim or of a victim of unsound mind, should be made only to the Sessions Judge concerned until the government lays down a criteria as per the court's directions for identifying social welfare institutions or organisations. In case of minor victims under Protection of Child from Sexual Violence (POCSO), disclosure of their identity can only be permitted by the special court, if such disclosure is in the interest of the child.
One Stop Centre should be set up in every districts as well as in village level which could be used as a central police station where all the crimes against women and children in the city, town or village would be registered. Disclosure of the name of the child to make the child a symbol of protest cannot normally be treated to be in the interest of the child.
Take steps right away if you've been sexually assaulted:
• Get away from the attacker to a safe place as fast as you can. Then call 181 or the police.
• Call a friend or family member you trust.
• You can also consult or talk with a Counselor. Feelings of shame, guilt, fear, and shock are normal. It is important to get counseling from a trusted professional.
• Do not wash, comb, or clean any part of your body. Do not change clothes if possible, so the hospital staff can collect evidence. Do not touch or change anything at the scene of the assault.
• Go to your nearest hospital emergency room as soon as possible. You need to be examined, treated for any injuries, and screened for possible sexually transmitted diseases (STDs) or pregnancy. The doctor will collect evidence using a rape kit for fibers, hairs, saliva, semen, or clothing that the attacker may have left behind.
• You or the hospital staff can call the police from the emergency room to file a report.
• Ask the hospital staff about possible support groups you can attend right away.
You can help someone who is abused or who has been assaulted by listening and offering comfort. Go with him/her to the police, the hospital, or to counseling. Reinforce the message that he/she is not at fault, and that it is natural to feel angry and ashamed. If you're a victim of violence at the hands of someone you know or love or you are recovering from an assault by a stranger, you are not alone. Get immediate help and support.
With the increasing of sexual assault in our society, organizing legal awareness has been growing issue over the last few years not just in the state but in the district and village level as well. Only in the past few decades it has become acceptable to openly speak out as a victim of sexual assault. This may not seem recent, but it is for the millions of victims who are just now beginning to feel comfortable. Even in the modern day and age victims are still scared to speak out for fear of being shamed or accused of lying. As a result of this 68% of sexual assaults are not reported to the authorities nor the police.
If you or someone you know has been sexually assaulted, seek help from other family members, friends, community, organizations, Legal Aid or Legal Services Centers. Reach out for support or counseling. Talk with a health care provider, especially if you have been physically hurt. Learn how to minimize your risk of becoming a victim of sexual assault or sexual abuse before you find yourself in an uncomfortable or threatening situation. Another important part of getting help is, knowing if you are in an abusive relationship. There are clear signs to help you know if you are being abused.
*Nulhuvolu Rhakho is an Advocate & Panel Lawyer, Kohima District Legal Services Authority (KDLSA)
