Today 19 August 2014, I saw a news heading in Navbharat Times e-paper “Masoom ka sawal, mummy mujhe yaha kyon late ho” (http://navbharattimes.indiatimes.com/metro/delhi/crime/mummy-why-you-brought-me-here/articleshow/40379657.cms ). We all Indians should ashamed on this.
In every 3 rape victim there is 1 victim is underage in India. Of all rapes there are 12.5% cases of rape victims are underage. In a small sample survey Human Rights Watch projects more than 7,200 minors – 1.6 in 100,000 minors – are raped each year in India. Among these, victims who do report the assaults are alleged to suffer mistreatment and humiliation from the police. Minor girls are trafficked into prostitution in India, thus rape of minors conflates into lifetime of suffering. Of the countries studied by Maplecroft on sex trafficking and crime against minors, India was ranked 7th worst, between China (1st), Russia (11th) and Indonesia (14th).As part of the medical exam, many rape underage victim ones, are often made to undergo a vaginal exam, also known as the “two-finger test,” human rights groups say.
One of the most hotly debated forms of rape is what is known as “statutory rape.” Statutory rape occurs when an adult person has sexual intercourse with a person who is below the age of consent (18 in most jurisdictions). The giving of actual consent by the underage person is of no consequence, as the minor is not able to legally give consent.
In a case where victim has been assaulted or raped, victim must be able to identify the person who assaulted or raped you. If victim does not know the name but you remember the face, victim must be prepared to point the person out at an identity parade. Even if victim cannot identify the person by appearance or name, victim must still lay a charge because there are other ways to positively link a person to crimes of rape and assault, such as DNA testing or other forensic evidence available to the police. Immediately after the rape, go to a police station and get a J88 form. Do not wash or change victim clothing, go straight to a doctor for an examination.
The police cannot grant bail if accused were arrested for a serious crime, for example rape, murder, armed robbery, housebreaking, etc.
Police can arrest rape accused without a warrant.
The Criminal Procedures Second Amendment Act
The Criminal Procedures Second Amendment Act (also known as the Bail Law) includes a number of strict measures regarding bail for people accused of serious offences. The Act lists very serious offences (schedule 6 offences) which include murder, rape, armed robbery and vehicle hijacking, and makes it very difficult for people who are accused of these offences to get bail. The accused will have to prove that exceptional circumstances exist before bail is granted.
This is done in a bail hearing at court, where the accused will bring evidence to show why he should get bail, and the prosecutor will ask the investigating officer to provide reasons why the accused should not get bail, for example, that the accused will intimidate witnesses.
According to this law, bail applications for Schedule 5 or 6 crimes will now only be heard in Regional Courts. These cases can also not be heard outside of court hours (in other words, there is no night court). Bail can also be refused when an offence has caused community outrage although this can only happen in exceptional circumstances. Finally, a person accused of a Schedule 5 or 6 crime must disclose all previous convictions and outstanding charges against them at the bail application and they will not have the right to have access to the police docket during the bail hearing. This will help to stop the intimidation and victimisation of witnesses in court cases.
Laying a criminal charge against another person
Steps in laying a criminal charge against someone else
1. Go to a doctor.
If victim was injured in any way, go to a doctor for a medical check-up. victim may need medical treatment, plus it will be good for victim case to have medical records to prove your injuries. It is important to go as soon as possible, because the marks from the injuries may go away after a few days. Go to your own doctor or to a government doctor (called a district surgeon).
2. Report at the charge office
Go to the charge-office at the nearest police station to make a complaint. You may want to go with a friend or someone like a priest, teacher or social worker to help you.
3. Make a statement to the police.
The police will take a statement from you. You must be very careful what you say because you have to swear under oath that you are speaking the truth. Do not sign your statement if you are not happy with the way the police wrote it down. Ask to change it before you sign.It is not up to the police in the charge office to decide whether a complaint is serious enough to be investigated. They MUST take a statement from anyone who comes into the police station to make a complaint.
4. Ask for a copy of the statement.
After you have made your statement, ask for a copy of it before you leave the charge-office. You have the right to get a copy.
5. Get the police case reference number.
Ask for the police reference number. This is the police register number where they are supposed to keep a record of all complaints made at the charge office. This is your proof that you reported the crime to the police. The reference number is also called an OB number (Occurrence Book number) or VB-nommer (Voorvalleboeknommer).
6. Get a medical report.
If you are injured and you need medical treatment, the police will ask you to get a medical report form filled in. This form is called a J88 medical report.
You can go to your own doctor or to a government doctor (called a district surgeon) to get this form filled in. Then you must take the filled-in form back to the police in the charge office. If you can, it is a good idea to make a copy of the filled-in form and keep this copy for yourself.
7. A case docket is opened.
After you make a statement to the police, they must open a case docket, and investigate a criminal charge against the person or people who committed a crime against you.
8. Check on progress.
You should check up a week or two after you made the statement to see what is happening with your case. Ask for the name of the investigating officer and then speak to that person. Ask the investigating officer for the case docket number. This is called a CR number (Criminal Register number) or MR nommer (Misdaadregisternommer).
Keep phoning the police to find out whether any progress has been made with the case. Whenever you phone to check up, you should give the CR/MR reference number.
If there is no progress with a serious case, and you are not satisfied that the police are doing everything they are supposed to, you might want to ask a paralegal or attorney to phone on your behalf. If you believe the police are deliberately not investigating a case, for example of police corruption or assault by a police officer, you can make a complaint to the Independent Complaints Directorate.
Incidents and facts:
- In August 2013, a School Teacher in Arunachal Pradesh was arrested for raping fourteen underage girls in a hostel where he was warden.
- SR Darapuri of the PUCL alleged, “I analyzed the rape figures for 2007 and I found that 90% of victims were Dalits and 85% of Dalit rape victims were underage girls in Uttar Pradesh
- In Maharastra, In a written reply, home minister RR Patil said that of the 1,704 rape cases registered in the state in 2012, in 924 cases the victims were underage girls. A total of 127 girls aged below 10 were raped, while the number of rape victims aged between 10 and 14 was 188.