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IntersectNews Team

Is There A 'Rape Protocol'?

TW: rape, sexual assault


On 3rd July 2020, an Indian judge, Justice Krishna S Dixit of Karnataka High Court, expunged his comments regarding a woman who had taken legal action against her alleged rapist. Justice Dixit had said he found the woman’s statement “a bit difficult to believe”. He questioned why the woman was at her office at night, why she had "not objected to consuming drinks with him” and why she didn’t refuse to let him stay with her for the night. He also claimed that her actions were “unbecoming of an Indian woman," and added that it was "not the way our women react when they are ravished". His comments were deleted following a storm of protests from civilians and activists.


In an open letter to the Chief Justice of India and supreme court judges, lawyer Aparna Bhat wrote: "Is there a protocol for rape victims to follow post the incident which is written in the law that I am not aware of?"


Though has been an increase in reported rape cases in recent years, the real number of cases may be much higher as victims rarely report in fear of backlash. Victim blaming forms the foundation of rape culture by shifting the blame to the victim instead of the rapist. It includes suggesting that victims were “asking for it” because of the way they were dressed, how drunk they were or by acting flirtatiously. These factors shouldn’t even be taken into account when dealing with rape cases because clothing, drunkenness and flirty behaviour aren’t indicators of consent. We desperately need to dismantle rape culture and make seeking justice less traumatising for victims who are brave enough to share their stories.


Written by Shayma Ahmed

Artwork by Zara Masood




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