Acquaintance Rape – Trust taken For-Granted

{This article is written by R.Taruni Thakur, a first-year student (three year LLB degree) of K V Ranga Reddy Law College, Osmania University}

What is Acquaintance Rape?

A rape that is perpetrated by a person who is known and familiar with the victim is known as acquaintance rape. In most instances, acquaintances of the victim are someone he/she is dating, co-worker, classmate, teacher, family member, therapist, spouse, etc. Most studies show that about 60% and 80% of all reported rape cases are acquaintance rapes. Acquaintance Rape and any other form of Sexual Assault is a Criminal Offence.

Differentiate between Acquaintance Rape and Sexual Assault?

Acquaintance Rape is commonly defined as non-consensual or forced sexual intercourse between people who know each other. Non-consensual can be referred to when there is some use of force, threats of physical harm, intimidation, manipulation, or when there is no consent given. Rape may also be accomplished when the victim is unable to give the consent or is incapable of resisting due to being drugged, intoxicated, unconscious, or asleep.

Sexual assault may happen by anyone, either known person or unknown. Sexual Assault can be defined as non-consensual sexual conduct; which includes intentional sexual touching of the victim or victim is being forced to touch another person’s private body parts without consent or under a threat. The act of touching may be either performed directly or with cloths on. Sexual assault further includes forced oral copulation, sodomy, insertion of a foreign object, and sexual battery. The term ‘sexual battery’ means the unwanted touching of a private part of another individual for sexual arousal. Every Acquaintance rape is a sexual assault but not every sexual assault is acquaintance rape.

How common is Acquaintance Rape?

According to the multiple surveys and research around the globe, it is concluded that most rapes are executed by an individual who is known to the victim. The risk of being raped by someone who is known is four times higher compared with the risk of being raped by a stranger. The women at the risk of being raped mostly belong to the age group of 16-24 years, which is the prime dating age of students. Acquaintance rape is popularly tagged as “Date Rape”, because 57% of the women surveyed were victims of sexual assault and rape which occurred on dates (romantic gathering) with the perpetrator. The perpetrator does not mandatorily have to be a person who the victim is presently dating. Therefore, the label “Date Rape” should be used cautiously.

However, statistics have shown that acquaintance rape is less likely to be reported than stranger rape. Thus, it is often underestimated the occurrence of acquaintance rape compared with stranger rape. Even though most women are common victims, it is important to bear in mind that men can also be victims of rape and sexual assault.

Effects of Acquaintance Rape towards the victim.

There is a physical and psychological impact on the victim post acquaintance rape. Physically, there are consequences such as pregnancy, bleeding, bruises, discomfort in the body, and the most frightening of all sexually transmitted diseases. Psychologically, the victim will be in long-lasting trauma, anxiety, isolation, mood swings, feeling disgusting, and difficulty in adjusting with daily life routines. Memories of rape may be triggered by a similar occurrence of an event such as a rape scene in movies, or the name of the person who raped her or the location of the incident, etc.

There is a high possibility that victims will deny the occurrence of acquaintance, or they might even blame themselves. Victims often try to comfort themselves by moving to a different location, changing contact information, limiting to appear in social gatherings and also restrict themselves to going out at night.

The role of Socialization, Alcohol, and “Date- Rape Drugs.”

In this era, socialization is often incomplete without a beverage in hand. Alcohol and drugs are the most commonly used chemicals for rapes and sexual assaults. However, there are other drugs being used by perpetrators during these sexual crimes. These drugs are known as “Date-Rape drugs”. They can be colourless, odourless, and tasteless and frequently go by names such as Rohypnol, Ecstasy, Ketamine, Ruffies, GHB, and the Forget Pill.

These drugs dissolve quickly and invisibly into beverages and can cause severe intoxication, significantly reducing self-consciousness and memory loss rapidly. Under the influence of these drugs, the victims lose their capability to escape from dangerous situations, defend them, or remember essential events. Some other effects of these drugs are nausea, dizziness, difficulty in breathing, unconsciousness, and even death. Some drugs are out of your system by 6 hours, which makes it even more difficult to prove that a victim was drugged by the perpetrator before a sexual assault. As challenging as it is to conquer the fear of reporting acquaintance rape, this is one more reason why it is necessary to get help immediately.

Legal Actions & Exceptions.

Laws may vary from country to county. In India, Section 375-377 of the Indian-Penal Code deals with sexual offenses.

Sec 375 of IPC pertains to the criminal offense of raping defines rape as “sexual intercourse with a woman against her will, without her consent, by misrepresentation, coercion, or fraud or at a time when she has been intoxicated or duped or is of unsound mental health and in any case, if she is under 18 years of age.”

Amendment of Section 375 of IPC.

The Criminal Law (Amendment) Act, 2013 aka Nirbhaya Act, was passed in Parliament to amend Section 375 of IPC. This Act widens the definition of rape and made punishments more severe. The law was expanded to define actions like penetration of the penis into vagina, urethra or anus, or mouth, or any object or any part of the body to any extent into the aforementioned woman body parts or making another person do so, as constituting an offense of sexual assault. Applying mouth on other persons or touching private parts without the consent were also classified as offenses of sexual assault.

Exception.

Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape.

Punishment.

The Nirbhaya Act, which came in light on April 2, 2013, increased jail terms in most sexual assault cases. The punishment of rape and acquaintance rape is the same. It is no less than 7- 10 years, but may extend to imprisonment for life and shall also be liable for life. This 2013 Act provided the death penalty in rape cases that cause the death of the victim or leaves her in a vegetative state. The punishment for gang rape is now increased to 20 years to life.

Shocking incidents of Acquaintance Rape Cases.

1. In Nov. 1973 Aruna Shanbaug, a 26-year-old nurse, was sexually assaulted by a ward attendant at a Mumbai hospital while serving her night shift. The ward attendant-Sohanlal Bhartha Walmiki, who was later convicted and jailed for sodomizing and strangling her with a dog chain – cutting off the oxygen supply to her brain that led her in a coma. S.B.Walmiki served a seven-year jail term for assault and robbery — but was never convicted of sexual assault as sodomy was not considered rape at that time. He left Shanbaug in a vegetative state for more than 40 years, she died in 2015.
2. On March 5, 1990, Hetal Parekh, a 14-year-old schoolgirl, was raped and murdered by Dhananjoy Chatterjee, who was a security guard in a building where Hetal Parekh lived in Kolkata. Dhananjoy Chatterjee was sentenced to death and was hung in 2004.
3. On May 13, 2017 a 10-year-old girl was found pregnant after being repeatedly raped by her stepfather in Haryana. The girl’s pregnancy and discovery of being raped were confirmed by the doctors. The man had threatened the girl of talking about it and has repeatedly assaulted her.
4. In a slum in Mangolpuri, it was like any ordinary day for this family of two. The widow-mother of the 14-year-old mentally challenged girl, who worked as a daily laborer, had gone out for work. She had trained her daughter accordingly, telling her when she had to eat, sleep, and that she should stay indoors when her mother isn’t at home. Taking advantage of the mother not being at home, a 35-year-old neighbor entered in, knowing exactly when the girl is alone. He raped her, taking advantage of her mental condition. And the fact, she could not tell anyone even her mother about what happened with her. A few months later, when her mother noticed a protruding belly, then she realized something was wrong. Yes, she was pregnant and it was too late for an abortion.

Is the victim of every gender treated equally?

It is important to realize that anyone can be a victim of acquaintance rape. That includes Men and LGBTQ committee as well which are often ignored. When men or members of LGBTQ report sexual assault, they are either disbelieved or laughed at. Recent data of the Delhi helpline showed a rapid increase in men being sexually assaulted by women and are being threatened to be sued with false dowry and assault cases. The victims often asked the help-line that they don’t have any platform to ask for help or report a sexual assault without being humiliated. With this thought, suicide rates have been rising rapidly.

What if I am the victim of Acquaintance Rape?

It is crucial to understand that sexual assault or acquaintance rape is never the victim’s fault. If you are a victim of any form of sexual assault, you may experience guilt, shame, shock, loss of trust, or helplessness. These emotions are common among the victims who have survived sexual assault.

• Go to a safe place. If you choose to report the assault, call the police immediately.
• Preserve all physical evidence such as clothes, accessories, etc. of the assault.
• Do not shower, brush your teeth, douche, or change your clothes.
• Contact someone you trust for help and support.
• Go to a hospital for medical care for physical injuries. Also take the SAECK test for the detailed forensic reports. Even if you don’t want to report immediately.
• Even if you don’t want to report, note down all the details of the sexual incident and save them in case you wish to report it at a later time.
• For short and long term benefits, seek professional help such as counseling and therapies.

What if a known person is a victim of Acquaintance Rape?

If you happen to know someone who is a victim, then firstly assure him/her that it’s not their fault. Listen and trust the victim. It is important to make the survivor feel safe. Encourage and support the survivor’s decision on whether they want to file a complaint or not. Finally, if the survivor wants, then assist them in medical care, reporting incident, and counseling session. Your support will build their confidence and strength.

Preventive measures of Acquaintance Rape.

Always be attentive and follow your instincts

• Do not go to isolated areas with someone you don’t fully trust or someone who you just met.
• Try to stay sober. If preferred to drink, then know your personal limits.
• Never leave your food or drink unattended.
• Know your expectation and be vocal about it. Be aware when someone infringes on your limits, and communicate clearly that is not acceptable.
• When feeling threatened, seek help immediately and leave.
• Inform someone where and with whom you are going and when will you return.
• Act immediately if someone intrudes on your limits even after you have clearly expressed it. It is best to leave immediately. If the situation doesn’t permit, then try to draw the attention of the nearby public by yelling “help” or “police”.
• Understand the importance of consent. “NO” means “NO”.
• Carry self-defense tools such as pepper spray, stun gun, etc.

What to expect while Reporting for Acquaintance Rape?

• Reach for Help – Call the police, Help-line number(181) or a trusted person
• Medical Treatment – According to the 2000 Supreme Court ruling, doctors should treat the victim for the physical injuries before insisting on him/her to report the incident.
• SAECK – The Sexual Assault Evidence Collection Kits or ‘rape kits’ are designed for quick medico-legal forensic investigation. This kit may be crucial to produce evidence in rape cases or sexual assault.
• Legal Assistance – Police shall inform the victim, that she will get legal assistance to help her file a case.
• Female Police Officer – There is a theory that women police officers are more sensitive towards women’s issues than male counterparts. With this thought, every station has a women officer not below the rank of head constable available to provide assistance for victims.
• Confidentiality – The privacy of a victim’s identity & the statement should be secured. Only one police officer and woman constable should be present and the conversation shall not be overheard.
• Counseling – Government and private organizations such as Swanchetan and CEHAT help victims in healing the trauma. Survivors either walk-in or have been referred by police for healing.

Conclusion.

It is heartbreaking to see how relationships and trust are taken for granted. Acquaintance rapes committed by family members are mostly perpetrated on children. The decision to take legal action or to remain silent of often depended on an adult i.e. either mother or elder sibling. In many cases, prime factors for not reporting are, disbelieve on a child’s confession, the fear in the loss of reputation, and loss of income if the perpetrator is “provider of the family”. Family members are reluctant to take actions against this awfully brutal crime, rather suggests the victim to “keep quiet and move on”. Offenders in such cases believe that no matter what, the victim will not report this and they will get away with it. I encourage every victim who was encountered with sexual assault to report it. Reporting sexual assault is advantageous for many reasons. Majorly, it may assist in the healing process. It is important to not discriminate against any victim and appreciate their courage to the victim. Our country sure is conviction–driven but it still needs to work on victim support. Our system needs to ensure that victims don’t fall into a vulnerable zone and get sexually assaulted again. Especially when the victim’s “provider of the family” is arrested for the assault and they have nowhere else to go.