'No Means NO; Woman's Clothing Doesn't Indicate Invitation' : Supreme Court's Handbook Dispels Rape Stereotypes

he Supreme Court has released the 'Handbook on Combating Gender Stereotypes' on Wednesday. The plan to release this legal glossary of inappropriate gendered terms used in legal discourse – a mission Chief Justice DY Chandrachud admitted to personally undertaking – has been in the works for several years now, although it was announced for the first time earlier this year at a Women's Day celebration. This handbook, prepared by a committee headed by Calcutta High Court judge Moushumi Bhattacharya, not only identifies language that promotes gender stereotypes and offered suitable alternatives, but also flags common but incorrect reasoning patterns based on gender stereotypes, particularly those about women; and highlights binding decisions of the Supreme Court that has rejected these stereotypes. Among other things, the handbook tackles stereotypes about women's character that have percolated into judicial thinking. These stereotypes could be based on her choice of clothes, sexual past, as well as other factors that have no place in the process of adjudication. The real impact of these assumptions, the handbook states, is that they may also affect how her actions and statements are assessed in judicial proceedings. “Assumptions based on a woman's character or the clothes she wears diminish the importance of consent in sexual relationships as well as the agency and personhood of women,” the handbook reads.Some illustrations given in the book are : Stereotype Reality Women who dress in clothes that are not considered to be traditional want to engage in sexual relations with men. If a man touches such a woman without her consent, it is her fault The clothing or attire of a woman neither indicates that she wishes to engage in sexual relations nor is it an invitation to touch her. Women are capable of verbally communicating with others and their choice of clothing represents a form of self-expression that is independent of questions of sexual relations. A man who touches a woman without her consent must not be permitted to take the defence that the woman invited his touch by dressing in a particular way. Women who consume alcohol or smoke cigarettes want to engage in sexual relations with men. If a man touches such a woman without her consent, it is her fault. Women, like all other people, may consume alcohol or smoke cigarettes for a variety of reasons including for recreation. The consumption of alcohol or use of tobacco is not an indication of their desire for sexual relations with a man. A man who touches a woman without her consent must not be permitted to take the defence that the woman invited his touch by drinking or smoking. Men who sexually assault or rape women are typically strangers and are not known to the woman. Very often men sexually assault or rape a woman known to them in some capacity. The woman may be a colleague, employer, employee, neighbour, family member, friend, former or present partner, teacher, or acquaintance. Women who are sexually assaulted or raped by men cry incessantly and are depressed or suicidal. If a woman's behaviour does not conform to this mould, she is lying about having been raped. Different people react differently to traumatic events. For example, the death of a parent may cause one person to cry publicly whereas another person in a similar situation may not exhibit any emotion in public. Similarly, a woman's reaction to being sexually assaulted or raped by a man may vary based on her individual characteristics. There is no “correct” or “appropriate” way in which a survivor or victim behaves. Women do not speak to the man who has sexually assaulted or raped them after the incident of sexual assault or rape. If a woman speaks or interacts 'normally' with the accused, her complaint of sexual assault or rape is false. Women are often forced to interact with the men who have sexually assaulted or raped them. This may be because the perpetrator is a family member, an employer, or some other person in a position of authority over the woman. Social circumstances may therefore force the survivor/victim to interact with the perpetrator. Further, survivors/victims of sexual abuse often find it difficult to report the said abuse immediately due to a variety of factors, including a lack of familial support and a fear of repercussions. Thus, interaction with the accused should not lead to a presumption that the complaint is false. Women who are sexually assaulted or raped by men complain about the injustice immediately. If they complain after a time, they are lying. It takes courage and strength to report a sexual offence because of the stigma...

'No Means NO; Woman's Clothing Doesn't Indicate Invitation' : Supreme Court's Handbook Dispels Rape Stereotypes

Awstika Das

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