Well, this post is a follow-on post of my outburst in If you’re menopausal, its not rape! yesterday morning!
In that post I had talked about how the Delhi High Court passed a judgment which said menopausal women cannot be raped! And it was based on various news reports, especially the one from Dainik Bhaskar here which strangely is not showing anything right now! The other links are here and here.
Extremely thankful to Shail of Shail’s Nest who brought this link to my notice, which was published by Firstpost in the evening yesterday. By that time, I had already jumped with a gun in the morning!
The original judgment is here. And though all the news reports that I had read in the morning yesterday quoted exactly from the judgment, the meaning thereof sounded completely different than it does when we read the whole judgment.
So here’s an update:
#1 Traces of alcohol were found in the body of the victim and the accused was also inebriated. This is just a fact mentioned. Not used for victim blaming!
#2 What the judgment says is that since the woman is beyond the age of 60, the intercourse may appear to be forceful. But it may (or may not) be forcible. There are no other injury marks on her body elsewhere.
#3 The cause of death is said to be due to the forceful intercourse (which may / may not be forcible).
It appears that the accused was acquitted for want of evidence rather than victim blaming.
Though I have certain reservations with this judgment too, I can no more jump at the judgment and be murderous for it anymore!
Have learnt an important lesson today: News may be sensationalised. We also need to look for alternate sources like the judgment in this case.
I am sorry for having caused a flutter of agitation on this space! Peace!