NEW DELHI: Fears have been expressed that strengthening of the law against sexual offenses after the Nirbhaya case has also led to an increase in false cases. Now, there's some evidence to support this claim
While in 2012, the acquittal rate in rape cases was 46%, in the first eight months of 2013 (for which exact figures are available) it shot up to 75%. Sources said acquittals remain high this year as well, accounting for around 70% of the cases.
It's sad but true. Registration of false cases is rampant and hence, the alarming acquittal rate. The new law is being misused because of the widened definition of rape.
In around 90% of acquittal cases, the victim turns hostile. Mostly, it turns out to be a case of a relationship gone bad. The sex is consensual but the victim claims that the consent was given on account of promise of marriage
Worried over the disturbing trend of false complaints, even fast track courts trying cases of sexual offenses have been raising concerns over the matter. In July last year, while acquitting a 75-year-old man of the charges of raping his maid, a fast track court observed that the capital has earned the notoriety of India's rape capital because of the increase in false rape cases being registered in the city. The alleged victim in this case had admitted that she registered the case because she wanted to usurp the accused's property.
originally posted by: twfau
Promising someone marriage for sex is a form of sexual co-ercian, it isn't consent if it is dishonest. I doubt it's illegal though.
originally posted by: Aliensun
a reply to: maddy21
The act of rape is almost always hard to prove. Given the lack of sophistication in much of India, I can well imagine that the acquittals were based largelly on "She said.... He said..." testimony. My reference to "lack of sophistication for the most part covers the social mores (or not) of the country in personal views on certain classes of folk in that society and the views of officials up and down the ranks from the village policeman to deciding judges.
In the US, it is coming to light that colleges and universities across the nation are failing to act on reports of rape. The obviously don't want the publicity and work to keep the crimes out of the news. In some instances when a sports player was the guilty one, the matter was turned over to that department to investigate and for appropriate action. --Guess what....
Last week two female Congresswomen were on the news explaining their push for a new bill to force these institutions, if nothing else, to enforce the normal laws that cover that crime.