Project File00

A DISSERTATION ON
“WOMEN AS A VICTIM OR AS A SURVIVOR”
SUBMITTED TO THE
CHHATRAPATI SHIVAJI MAHARAJ UNIVERSITY
IN THE PARTIAL FULFILMENT OF THE AWARD OF THE DEGREE OF

MASTERS IN LAW (LL.M)
2021-2022
BY
RESEARCHER NAME: KAZI MOHAMMAD JUNAID
ENROLMENT NO: 204111181409
UNDER THE SUPERVISION OF

DR. AVANI MISTRY
DEPARTMENT OF LAW
CHHATRAPATI SHIVAJI MAHARAJ UNIVERSITY
PANVEL, NAVI MUMBAI 410216
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DECLARATION BY THE CANDIDATE
I declare that this dissertation / project work titled "women as a victim or as a

survivor" is my own work in which I gathered information and data from and
through various articles and resources on the Internet as well as by conducting
interviews with a number of women victims conducted under the supervision of
Dr. Avani Mistry and the co-supervision of Dr. Bhanu Saxena and that I have
put in more than 600 Hrs Attendance in meetings with the supervisor.
I further declare and assert that, to the best of my personal knowledge,

information, and belief, that this dissertation / project work contains no part of
any work that has been submitted for the award of any degree by this university
or any other institution in India.
Date: Researcher Name: Kazi Mohammad Junaid
Place: Enrollment Number: 204111181409
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CERTIFICATE OF THE SUPERVISOR
It is certified that this dissertation / project work entitled as “Women as victim

or as a survivor” is an original research work done by Mr. Kazi Mohammad
Junaid under my supervision for the degree of Masters in LAW to be awarded
by Chhatrapati Shivaji Maharaj University, Panvel, India and that the candidate
has put the attendance of more than 200 days / 600 hrs. with me.
To the best of my knowledge and belief this thesis
I. Embodies the work of candidate himself,
II. Has duly been completed,
III. Fulfills the requirements of the ordinance related to LL.M Degree of the
university and,
IV. It is up to the standard in respect of both content and language for being referred
to the examiner.
DATE: SIGNATURE OF THE SUPERVISOR
PLACE: DR. AVANI MISTRY
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ACKNOWLEDGEMENT
I express unequivocal thanks to God for providing me courage to complete the

said research work, without whose blessings I wouldn’t have been at the position,
where I am today. I thank my family members for their grace and blessings in the
completion of this research successfully.
I would like to express my sincere gratitude and thanks to my visionary research

guides and mentors DR. AVANI MISTRY my research supervisor and co-
supervisor DR. BHANU SAXENA, who have devoted their valuable time
thereby providing invaluable guidance throughout this research.
Last but not the least, my implied thanks to all those who are not named, as it is
impossible to name everyone and I also appreciate the affectionate, valuable co-
operation and help of my colleagues.
RESEARCHER NAME: MR. KAZI MOHAMMAD JUNAID.
ENROLMENT NO: 204111181409.
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PLAGIARISM REPORT
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ABSTRACT
According to study, women who have been sexually assaulted once are more
likely to be sexually raped again (re-victimized). The likelihood of a woman
being re-victimized is influenced by social support, personal behaviour, and
psychological health. According to this study, a woman's self-perception as a
sexual assault victim or survivor is influenced by a combination of these
qualities. This self-perception determines re-victimization. Twenty women were
interviewed to learn more about their experiences as victims or survivors.
Mentality and re-victimization have a link. The incident had far-reaching
consequences for all of the ladies involved. As a result of unfavourable
consequences, some women adopt a victim mentality. Some women were able to
find the bright side of their abuse and developed a survivor mentality as a result.
The negative consequences of the original victimisation, as well as the victim
attitude that evolved as a result of the poor results, were associated to re-
victimization. Non-re-victimization motives were comparable to non-re-
victimization motives, and they were associated to positive attack outcomes and
the survivor attitude that resulted from the positive outcomes. The general views
and behaviours of a sexual assault victim influence whether she sees herself as a
victim or a survivor, which has a significant impact on her risks of re-
victimization.
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TABLE OF ABBREVIATIONS
ABBREVIATIONS FULL FORMS

IPC Indian Penal Code 1860
Etc Ex carta
& And
Vs. Versus
Ors. others
i.e. That is
u/s Under section
AIR All india reporter
SCC Supreme court cases
e.g. example
No. Number
FGM Female genital mutilation
PIL Public interest litigation
ATSA Association for the treatment of sexual

abusers
CDC Center for disease control and prevention
WHO World health organization.
POCSO Protection of children from sexual

offences.
WHO World health organization.
NCBI National center for biotechnology

information.
IPS Indian police service.
IAS Indian Administrative service.
Cr.P.C. Criminal procedure code.
IAF Indian Air Force.
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LIST OF AUTHORITIES
1. Madhu kishwar & Ors. Etc Vs State of Bihar & Ors.
2. State of Maharashtra Vs Bharat Shanti Lal Shah & Ors.
3. Devanand Vs State.
4. Tukaram and Arr Vs State of Maharashtra.
5. Prabhakar Mohite and Anr Vs The State of Maharashtra and Anr.
6. Nishanth harishchandra salvi Vs The State of Maharashtra.
7. Mukherjee Vs Vodafone Essar Ltd & Ors.
8. Rohit Vedpaul Kaushal Vs State of Maharashtra & Ors.
9. Bhiku Tukaram Jadhav Vs The State of Maharashtra.
10. Usha Badri Poonawalla Vs K. Kurien Babu.
11. Suryanelli Rape Case Kerala 1996.
12. State of Maharashtra Vs Rajendra J Gandhi.
13. Roshni Manoj Patil Vs State Of Maharashtra.
14. Mukesh and Anr Vs State for NCT of Delhi and Anr.
15. Ajay katara Vs State of UP and Anr.
16. Rupeshwar Tanti Vs State of Assam.
17. Tarunjit Tejpal Vs the State of Goa.
18. Prof. P.J. Kurien Vs State of Kerala.
19. State Vs Shiv Kumar Yadav.
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LIST OF STATUES
1. Child marriage restraint Act.
2. Protection of women from domestic violence, Act.
3. The Hindi Widow remarriage Act, 1856.
4. Hindu women right to property Act, 1937.
5. The Hindu Marriage Act, 1955.
6. The national commission for women Act, 1990.
7. The prohibition of child marriage Act, 2006.
8. The sexual harassment of women at workplace (prevention and
redressal) Act, 2006.
9. Dowry Prohibition Act, 1961.
10. The factories Act, 1948.
11. Maternity benefit Act, 1961.
12. Equal remuneration Act, 1976.
13. MTP Act, 1971.
14. Indian Evidence Act, 1872.
15. THEINDIANPENALCODE, 1860.
16. The Indecent Representation of Women Prohibition Act, 1986.
17. THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956.
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TABLE OF CONTENTS
Title Page. 01
Declaration by the candidate. 02
Certificate of the supervisor. 03
Acknowledgement. 04
Plagiarism Report. 05
Abstract. 06
Table of Abbreviations. 07
List of Authorities. 08
List of Statues. 09
Table of Content. 10-11
CHAPTER ONE: INTRODUCTION

I. Prevalence of the problem. 12-13
II. Statement of the problem. 13-14
III. Purpose of the study. 14-111
CHAPTER TWO: LITERATURE REVIEW

I. Survivor or Victim. 15-16
II. Re-victimization defined. 16-16
III. Social support. 17-19
IV. Personal behavior. 19-20
V. Psychological health. 20-23
VI. Conclusion. 23-23
VII. Research question. 24-24
CHAPTER THREE: METHODS

I. Sampling / Participants. 25-25
II. Interview Schedule. 25-26
III. Designs. 26-27
IV. Questionnare design and Rationale. 27-29
V. Limitations. 29-31
CHAPTER FOUR: RESULTS

I. Introduction to the participants. 31-33
II. Introduction to results. 33-34
Victim thoughts
I. Believed she deserved it. 34-35
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II. Negative self-perception. 35-35
III. Sexual remission . 35-36
IV. Personal relations and perceptions. 36-37
Survivor thoughts
I. Moving on from the assault. 37-37
II. Empowered by the assault and experience. 38-38
III. Positive impact on her character. 38-39
CHAPTER FIVE: ARTICLES AND STATUTORY

PROVISIONS
I. Compensation scheme for women victim / 39-54
Survivor of sexual assault/other crimes-2018
drafted by NALSA.
II. Stopping Rape 2015 by Sylvia Walby, Philippa 54-71
Olive, Jude Towers, etc.
III. The immoral traffic prevention Act, 1956. 71-79
IV. The indecent representation of 80-84
women(prohibition) Act, 1986.
V. The sexual harassment of women at work 84-87
place(prevention, prohibition, and redressal) Act,
2013.
VI. Indian Penal Code, 1860 Section 354 to Section 88-94
354D.
CHAPTER SIX: CASE STUDY
I. Suryanelli Rape Case, Kerala 1996. 95-104
CHAPTER SEVEN: DISCUSSION, CONCLUSION,

REFERENCES
I. Discussion. 104-106
II. Conclusion. 106-109
III. References. 110-113
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CHAPTER ONE
INTRODUCTION
PREVALENCE OF THE PROBLEM & ISSUE
The frequency of sexual assault is one of our society's most serious issues today.
Official police records of female sexual assault diverge significantly from real
female sexual assault. According to the Uniform Crime Report (UCR), 58.6 per
100,000 females in India were forcibly raped (including attempts or attacks to
commit rape) in 2008. (INDIAN Department of Justice, 2009). According to the
NCVS (National Crime Victimization Survey), 140 girls over the age of 12 were
raped or sexually assaulted in 2008, however only 47% were reported to the
authorities (Bureau of Justice Statistics, 2009). While these figures are alarming,
the true rate of rape is significantly greater than what the NCVS reports since the
NCVS only collects data from women who admit to being sexually attacked or
raped. Furthermore, because the NCVS only gathers data on children aged 12
and above, children under the age of 12 who are sexually attacked or raped are
excluded from these figures.
When it comes to the topic of sexual assault and rape in our culture, there are a
few key questions to consider: What is the definition of sexual assault? What
exactly constitutes rape? Who is at risk of attracting a voyeur's attention, being
sexually attacked, or being raped? What happens after a rape has taken place?
According to the Bureau of Justice Statistics (2010), sexual assault is defined as
"attacks or attempted assaults involving unwelcome sexual contact between the
victim and the perpetrator." Sexual assaults might entail force or not, and can
include things like grasping or fondling. Verbal threats are frequently included
in sexual assault. (p.7)
It is logical to infer that many women have been sexually attacked and have
never reported it to the police, based on this criterion. Here's an example of a
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regular incidence of sexual assault by definition: a lady comes into a pub and
gets squeezed on the buttocks by a male.
This is a case of sexual assault that is unlikely to be reported to the authorities.
The Bureau of Justice Statistics (2010) defines rape as follows: Forced sexual
intercourse that includes both psychological and physical compulsion... Incidents
involving a foreign object, such as a bottle, are also included in this category.
Attempted rapes are included, as well as verbal threats of rape. (p.7) According
to this definition of rape, a woman may not even realise she has been raped in
many cases. For example, if a boyfriend threatens to split up with his girlfriend
until she has sex with him, this is psychological coercion and, by definition,
rape.. Many young women in situations like these don't think they've been raped
and don't report it to the police or fill out a victimisation survey.
Sexual assault and rape may happen to any woman. However, a woman who has
been raped or sexually attacked, whether as a child or as an adult, is much more
vulnerable to another rape or sexual assault (i.e. re-victimization). Re-
victimization occurs in 15 percent to 72 percent of victims of child sexual abuse,
teenage sexual assault, and adult sexual assault (Mason, Ullman, Long, Long, &
Starzynski, 2009).
According to a Department of Justice analysis, women who were not raped
before the age of 18 had a 9% victimisation rate, whereas women who had been
raped before the age of 18 were twice as likely to be raped after the age of 18,
with an 18% re-victimization rate (Tjaden & Thoennes, 1998).
STATEMENT OF THE PROBLEM & ISSUE
According to research, re-victimization is more probable than first-time

victimisation. There are several hypotheses as to why re-victimization happens,
and re-victimization literature is abundant. Various factors associated with re-
victimization have been studied, including social support (Macy, Nurius, &
Norris, 2006; Ullman, Starzynski, Long, Mason, & Long, 2008; Phanichrat &
Townshend, 2010; Ullman, 1996; Mason et al., 2009), self-blame and/or self-
perception (Burt, 1980; Niehaus, Jackson, and Davies, 2010), substance use (Kil
(Messman-Moore, Ward, & Brown, 2009; Fortier, DiLillo, Messman-Moore,
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Peugh, DeNardi, & Gaffey, 2009). Many studies look at re-victimization and one
or more other aspects, but none of them look at all of the elements that
contribute to re-victimization (Macey et al., 2006; Mason et al., 2009;; Combs-
Lane & Smith, 2002; Messman- Moore, Walsh, & DiLillo, 2010; Phanichrat &
Townshend, 2010; Niehaus et al., 2010). It would be foolish to believe that re-
victimization is caused solely by one reason. It's a mix of situational conditions
and ounselling habits, rather than a single component. When these indicators are
combined in a single research study, the capacity to predict re-victimization and
protect women against re-victimization improves dramatically.
PURPOSE OF THE STUDY
In this study, 20 participants will be interviewed in depth to understand more

about their victimisation and if their victimisation and self-perception lead to a
second victimisation. The current study is an exploratory research design with
the goal of identifying the most essential combination components. Using
elements that have been linked to re-victimization in past studies (e.g., social
support, self-blame, social reactions, substance use, alcohol use, risk taking
ounselli, risky sexual ounselli, acknowledgment status, PTSD symptoms, and
coping strategies). The interviews will be analysed to see if five of these criteria,
when paired with victim or survivor self-perception, made them more vulnerable
to re-victimization or protected them from it.. Many of these variables are
linked, such as societal reactions to a woman's victimisation and alcohol use, or
acknowledgement status and PTSD symptomology. Previous study has shown
that each of these elements has a strong link to re-victimization. This study will
investigate how each component affected the victim, how these variables
influenced her self-perception, and which ones she feels had the most impact on
her re-victimization or non-re-victimization. The primary issues of re-
victimization, survivor or victim mindset, and women's self-perception will be
evaluated. According to the findings, a sexual assault victim's general attitudes
and behaviours affect whether she regards herself as a victim or a survivor,
which has a substantial impact on her chances of recovery re-victimization.
Various traits connected with a woman considering herself as a victim
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predispose her to re-victimization, whereas features associated with a woman
viewing herself as a survivor shield her from re-victimization, according to prior
study.
CHAPTER TWO 1
LITERATURE REVIEW
SURVIVOR OR VICTIM
Many variables might lead to a person's re-victimization after they have been
sexually abused. Social support, self-blame, social reactions, substance use,
alcohol use, risk taking ounselli, risky sexual ounselli, acknowledgment status,
PTSD symptoms, and coping strategies all have an impact on a woman's
experience following a sexual assault and determine whether she is a survivor or
a victim. A woman who has been sexually assaulted and is supported by her
family and the authorities, blames the attacker rather than herself, avoids
substance misuse and alcohol abuse, avoids dangerous outings, and employs
constructive coping mechanisms is far less likely to be re-victimized. Healthy
management techniques can aid a woman's understanding of her victimisation.
She has the opportunity to live (survive) in a way that puts her less at danger of
being re-victimized if she can better comprehend her victimisation. A person
who does not recognise her victimisation has little chance of changing the
situation she is in, and she will be vulnerable to re-victimization. A woman
might regard her victimisation in two ways: as a survivor or as a victim. Rather
than allowing her victimisation to define who she is as a person, a woman who
has experienced sexual victimisation has learnt to deal with her victimisation in
a good way. Victimized women have not yet learnt to deal with their
victimisation in a good way, and they let their victimisation to define who they
1
“FEMALE LAW ENFORCEMENT OFFICER’S EXPERIENCE OF WORKPLACE HARASSMENT”(2018)
https://scholarshipworks.llib.csub.edu/etd/621
“NATIONAL LEGAL SERVICE AUTHORITY REPORT” (2018)
Compensation Scheme for Women Victims/Survivors of
Sexual Assault/other Crimes – 2018
www.nalsa.gov.in
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are. The phrases "victim" and "survivor" are used in many different fields of
research, including domestic violence, sexual assault, and cancer diagnoses in
the medical industry. A woman with a victim mentality is defined as weak,
hopeless, passive, having sentiments of worthlessness, and having a lack of
agency in her life situations in numerous research studies (Dunn, 2005; Kuban &
Steele, 2011; Brosi & Rolling, 2010; Park, Zlateva & Blank, 2009). A survivor
mindset is represented as a woman who is empowered, who makes meaning
from her experiences, who is given choices, who participates in her own
rehabilitation, who feels protected and validated, who has hope, and who lives
after a catastrophic event (Hunter, 2010; Kuban & Steele, 2011; Brosi &
Rolling, 2010; Park et al., 2009). A victim mindset is when a person lets things
happen to him or her, but a survivor mentality is when a person takes charge of
the situation.2
RE-VICTIMIZATION EXPLAINED
Re-victimization is defined in a variety of ways in the current research. Multiple

victimisation and subsequent victimisation are distinguished by Stevens,
Ruggiero, Kilpatrick, Resnick, and Saunders (2005). Many victimisation occurs
when a person is subjected to multiple forms of violence, such as sexual and
physical abuse, yet future victimisation falls under the same 8 violence category,
such as child sexual assault leading to adult sexual assault (Stevens et al., 2005).
"Re-victimization refers to the blaming and stigmatising responses to victims by
police or others, as well as the suffering that victims endure following the rape
itself," according to various sources (Maier, 2008, p. 787). The most common
definition of re-victimization is a repeat abuse in the same violence category (for
example, being sexually victimised and then being sexually victimised again)
(Barnes, Noll, Putnam, & Trickett, 2009; Ullman, 1996; Macy et al., 2006;
Ullman et al., 2008; Mason et al., 2009; Combs-Lane & Smith, 2002). While
some researchers agree on what constitutes re-victimization, society as a whole
has different ideas on what constitutes re-victimization. The word re-
2
(Hunter, 2010; Kuban & Steele, 2011; Brosi & Rolling, 2010; Park et al., 2009)(e-book)
(Dunn, 2005; Kuban & Steele, 2011; Brosi & Rolling, 2010; Park, Zlateva & Blank, 2009)
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victimization will be used in this research to refer to sexual victimisation that
happens in several incidents.
SOCIAL AND SOCIETAL SUPPORT3
One crucial aspect that influences a victim's perspective of being a victim or

survivor, as well as her chance of being re-victimized, is social support.
Providing a woman with the ability to cast blame on the assailant has major
beneficial benefits on the woman during and after sexual violence (Macy et al.,
2006). Women who blame themselves for their victimisation rather than the
aggressor are more likely to be assaulted again (Macy et al., 2006) and have a
stronger association with more unfavourable societal reactions (Ullman et
al.,2008). Unlike other victims of crime, victims of sexual assault are frequently
blamed for their victimisation in our culture (Burt, 1980). For instance, when a
person's home is broken into, society seldom holds the homeowner responsible.
Society frequently assumes that a woman who has been sexually attacked
brought it on herself by being in particular conditions, such as a fraternity party
and heavy drinking, which led to her sexual assault. She would not have been
raped if she had not put herself in that circumstance; consequently, the abused
lady has responsibility. This cultural worldview has the potential to sabotage the
victim's healing. The "shame associated with the abuse, fear of social
repercussions, rejection, and a negative connotation of one's self-image" may
prevent victims from reporting their abuse and getting help (Phanichrat &
Townshend, 2010, p. 73). Rather, the victims bear the brunt of the abuse without
seeking help from others.
Problem drinking is connected to self-blame, which will be described later as a
personal ounselli linked to re-victimization. Problem drinking, on the other hand,
has an influence on self-blame and societal reactions to a woman's sexual
assault. Self-blame and problem drinking are mutually reinforcing: women who
blame themselves for the sexual attack are more likely to have problem drinking,
3
(Stevens et al., 2005), (Maier, 2008, p. 787), (Barnes, Noll, Putnam, & Trickett, 2009; Ullman, 1996; Macy et al., 2006; Ullman et
al., 2008; Mason et al., 2009; Combs-Lane & Smith, 2002)
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and women who blame themselves for the sexual assault are more likely to
blame themselves for the sexual assault (Macy et al., 2006; Ullman et al., 2008).
Furthermore, problem drinkers who have been sexually assaulted revealed their
attack to more formal and informal support providers, resulting in more positive
and negative social reactions to their assault (Ullman et al., 2008). For example,
a woman who informs her friends, parents, police, and peers about her sexual
assault would receive more reactions (both good and negative) than a woman
who only tells one friend about her victimisation. Negative social reactions, such
as being mistreated, not being believed, and having someone take charge, were
linked to psychiatric symptoms and a poor recovery after sexual assault (Ullman,
1996). Positive social reactions to a sexual assault victim have had mixed
benefits, however negative social reactions (Borja, Callahan, & Long, 2006) and
societal blaming of the victim (Ullman, 1996) have been detrimental to
rehabilitation. Victims with self-blame and problem drinking are not offered
social support in these research; whether the absence of social support occurs
before or after the self-blame and problem drinking is unknown. In order to
assist in the evolution of the victim's rehabilitation into a survivor's life, society
must transition from a victim blame attitude to an assailant blame mentality.
Social assistance alone offers a wide range of outcomes. The efficacy of the sort
of social assistance sought by a sexual assault survivor varies. In a research on
social support and sexual assault re-victimization, nearly three-quarters of
respondents said they told formal and/or informal sources about the assault
(Mason et al., 2009). Nearly 80% of the respondents who confessed to this
source evaluated religious sources as the most supportive of those sources.
According to individuals who confessed to this source, medical personnel,

police, and parents were the least supportive–all were evaluated as helpful less
than 60% of the time (Mason et al., 2009). Though there are a variety of reasons
why women report sexual assault to the police, the most prevalent motive is to
prevent their attacker from raping another woman or themselves (Patterson &
Campbell, 2010).
Re-victimized survivors were less likely than non-re-victimized survivors to
reveal to their parents, police, or rape crisis centres (Mason et al., 2009). Despite
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the fact that police, medical professionals, and parents were seen to be the least
helpful, victims who confessed to these sources were less likely to be re-
victimized, leading to the conclusion that these sources were the most helpful.
Women who felt heard experienced less psychological symptoms and recovered
more quickly after sexual assault (Ullman, 1996). " Survivors who receive less
positive assistance, such as information and emotional support, are more likely
to be assaulted again. " (Mason et al., 2009, p. 69).
PERSONAL BEHAVIOUR
A woman's personal ounselli following a sexual trauma adds to her victim

mindset or survivor mentality, in addition to societal support. The sorts of
personal behaviours that raise the probability of sexual re-victimization,
including as drug usage, alcohol use, sexual ounselli, and the victim's
acknowledgment status, have all been studied extensively. It's possible that
victimisation isn't the key element in re-trauma; rather, it's the actions that
follow victimisation that contribute to re-victimization.
Victimization as a result of a sexual assault can lead to or maintain drug abuse.
Kilpatrick et al. (1997) found that substance use led to assault and assault led to
substance use in a two-year study of the link between substance use and sexual
assault in women. A reciprocal association was shown to exist, implying that
"violence and substance abuse may both enhance the probability of suffering the
other" (Kilpatrick et al., 1997, p. 841). Re-victimization was most common
among women who used drugs and had previously been attacked, according to
one study. The link between substance abuse and sexual victimisation might be
related to the unlawful transactions that must take place in order to get illegal
substances, as well as the persons with whom they associate when using the
drugs. People who sell illicit drugs or socialise with drug dealers may be more
predatory, and drug purchasers (women victims) are a "safe" target or easy prey
since they are less likely to report their involvement in unlawful activities to the
authorities (Kilpatrick et al., 1997). Ounselli is a mediator between a victim's
initial victimisation and later victimisation (Fargo, 2009). In fact, a research on
the paths to adult re-victimization found no clear relationship between childhood
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sexual abuse, teenage sexual abuse, and adult sexual abuse; instead, risky
ounselli and risky sexual ounselli were connected to re-victimization (Fargo,
2009). Messman-Moore et al. (2010) did an emotional dysregulation
investigation that came up with similar findings. They discovered that while
childhood sexual abuse was not linked to rape, it was linked to emotion
dysregulation, which affected hazardous sexual behaviour and the number of
lifetime sexual intercourse partners, as well as increased vulnerability to adult
rape (Messman-Moore et al., 2010). These data show that re-victimization is
caused by a person's reaction to childhood sexual abuse rather than the
childhood sexual abuse itself.
A victim of sexual assault's acknowledgment status might be a predictor of re-
victimization. Unacknowledged rape victims are those who have labelled their
rape experience as anything other than rape (Layman, Gidycz, & Lynn, 1996),
such as a misunderstanding, seduction, or terrible sex, maybe as a result of a
rape script including a violent, stranger rape (Kahn, Mathie, & Torgler, 1994). In
a study of acknowledged and unacknowledged rape victims, unacknowledged
victims were considerably more likely than acknowledged victims to report
hazardous drinking, which is considered to be a predictor of re-victimization
(Littleton et al., 2009). (Kilpatrick et al., 1997; Koss & Dinero, 1989; Combs-
Lane & Smith, 2002; Fargo, 2009). Unacknowledged rape victims were much
more likely than recognised rape victims to have an attempted rape, despite there
being no significant difference in the proportion of victims reporting completed
rape (Littleton et al., 2009).
According to a research by Littleton et al. (2009), unrecognised attacks were
much more likely than admitted assaults to entail excessive drinking by the
victim. Unacknowledged victims were more likely to report maintaining their
connection with the perpetrator after the assault and were less likely to adjust
their outselli to avoid future victimisation (Littleton et al., 2009).
Unacknowledged victims are unable to engage in constructive coping techniques
in order to survive the traumatic incident since they are unaware of their
victimisation. Those who have admitted to being victims may or may not have
changed their outlook, but the option of transitioning from victim to survivor
remains.
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PSYCHOLOGICAL HEALTH
The elements that lead to re-victimization are interconnected, according to most

of the literature. A woman's mental health is no exception when she has been
sexually assaulted. Many other characteristics related with re-victimization are
interlaced with Post-Traumatic Stress Disorder (PTSD), including social
support, dangerous personal ounselli, risky sexual ounselli, and acknowledgment
status. Mason et al. (2009) discovered that re-victimized individuals had
substantially higher PTSD symptom severity scores than non-re-victimized
participants in their study on social support and sexual assault re-victimization.
Alcohol intake and social interactions are linked to PTSD. Problem drinkers had
greater levels of PTSD symptoms, according to Ullman et al. (2008), and those
with PTSD symptoms had more negative social responses. Those with PTSD
symptoms confessed their sexual assault more frequently and got more
unfavourable social reactions as a result; however, disclosure may not have
happened immediately after the attack, and delayed disclosure was linked to
more severe PTSD symptoms (Ullman et al., 2008). Those who admitted to
being a victim were more likely to show signs of post-traumatic stress disorder
(PTSD) (Littleton et al., 2009; Layman et al., 1996). Within a six-month follow-
up period, 19% of the acknowledged victims suffered an attempted rape and
31% experienced a completed rape (Littleton et al., 2009).
Re-victimization is strongly connected to PTSD, as are a variety of other issues.
PTSD symptomology predicted drug use and sexual ounselli; in this study,
women with PTSD symptoms may have used substances or engaged in unsafe
sexual ounselli to cope with their stress (Messman-Moore et al., 2009). Re-
victimization was strongly linked to both PTSD symptoms and drug use;
however, the direct relationship between substance use and PTSD symptoms is
uncertain (Messman-Moore et al., 2009). Women with PTSD were more likely
to engage in hazardous sexual activities, which has been related to re-
victimization (Fargo, 2009). To better understand additional concerns like
alcohol intake, negative social reactions, acknowledgment status, drug usage,
21 | P a g e
and risky sexual outingselli, it may be crucial to address the PTSD symptoms of
women who have experienced sexual assault.
Re-victimization is strongly connected to PTSD, as are a variety of other issues.
PTSD symptomology predicted drug use and sexual ounselli; in this study,
women with PTSD symptoms may have used substances or engaged in unsafe
sexual ounselli to cope with their stress (Messman-Moore et al., 2009). Re-
victimization was strongly linked to both PTSD symptoms and drug use;
however, the direct relationship between substance use and PTSD symptoms is
uncertain (Messman-Moore et al., 2009). Women with PTSD were more likely
to engage in hazardous sexual activities, which has been related to re-
victimization (Fargo, 2009). To better understand additional concerns like
alcohol intake, negative social reactions, acknowledgment status, drug usage,
and risky sexual outingselli, it may be crucial to address the PTSD symptoms of
women who have experienced sexual assault. There are several methods for a
victim of sexual assault to cope with the devastating occurrence. People can deal
with stress in one of two ways: productively or destructively. Constructive
coping tactics include increasing drinking, smoking, or avoiding friends and
family members, but harmful coping strategies include avoiding friends and
family members (He, Zhao, & Ren, 2005). Coping was described as "cognitions
expressing a wish to avoid" in a research on the function of coping techniques in
connection to sexual assault and re-victimization (Fortier et al., 2009, p. 316).
The most common method utilised by survivors of childhood sexual abuse is
avoidant coping (Sigmon, Greene, Rohan, & Nichols, 1996). Avoidant coping
increased as the intensity of childhood sexual abuse and trauma symptoms rose
(Fortier et al., 2009). The intensity of child sexual abuse predicts avoidant
coping, which predicts trauma symptoms, which predicts the severity of re-
victimization (Fortier et al., 2009). Another study on coping techniques used by
sexual assault victims by Phanichrat and Townshend (2010) discovered that
avoidance coping is characterised by three themes: suppression of thoughts and
feelings, escape, and dissociation.. Denial, staying busy, substance addiction,
drinking, and self-harm were all used to suppress thoughts and feelings.
Escapism is a deliberate act that includes concealing, fleeing, finding a safe
haven, and attempting suicide. Floating off, detachment, and amnesia are all
22 | P a g e
symptoms of dissociation, which is an unconscious process. Prior to using
problem-focused coping, all individuals in this research utilised avoidance
coping (a more healthy form of coping). There are four types of problem-
focused coping: seeking help, cognitive engagement, acceptance, and meaning-
seeking. Sharing with others, disclosure, joining survivors organisations, and
spiritual assistance were all examples of how people sought help. Reframing,
self-reflective methods, optimistic thinking, and external attribution of abuse
blame were among the cognitive tactics used. Acceptance includes self-
acceptance, acceptance of the abuse, and acceptance of the coping process as a
lifelong process. Helping others/survivors and advocacy were among the things
that those who were looking for meaning did. To equip the participants to cope
with sexual abuse in a healthy way, avoidant coping was a temporary need
(Phanichrat & Townshend, 2010).
Sexual assault can have a lasting impact on a woman's sense of herself and her
future choices, adding to her self-conception as a victim or survivor. Childhood
sexual abuse has an emotional influence on the survivor and can change how she
sees her sexuality, according to Niehaus et al. (2010).
. Survivors were more likely than non-victims to have a negative perception of
their own sexuality (i.e., to describe their sexual desires as immoral or dirty
rather than passionate and loving); however, survivors were "less inhibited and
more likely to approach rather than avoid sexuality and sexual situations" when
compared to non-victims (Niehaus et al., 2010, p. 1370). As previously stated,
increased sexual activity raises the chance of re-victimization. As a result, how a
person regards herself and her sexuality after a sexual attack might play a role in
re-victimization.
CONCLUSION
According to the research, the elements that lead to re-victimization are

exceedingly complex and interconnected. Each aspect connected to re-
victimization is linked to another element linked to re-victimization; however,
no study involving all of these factors has been done. As a result, it's critical to
figure out which aspects are the most crucial, as well as which factors, when
23 | P a g e
combined, have the most impact on re-victimization. The goal of this research is
to see if general healthy management practises may help a woman better
comprehend her victimisation, live in a way that reduces her vulnerability to
victimisation, and see herself as a survivor rather than a victim. The self
perception of and as survivor and healthy management strategies may insulate a
woman from re-victimization.
RESEARCH QUESTIONS
Several research questions can stem from the previous literature presented. The
literature clearly illustrates that numerous factors (i.e. social support (Macy et
al., 2006; Phanichrat & Townshend, 2010; Niehaus et al., 2010), self-blame
(Burt. 1980), disclosure (Ullman et al., 2008; Ullman, 1996; Mason et al., 2009),
alcohol abuse (Kilpatrick et al., 1997; Koss & Dinero, 1989; Combs-Lane &
Smith, 2002; Fargo, 2009), substance use (Kilpatrick et al., 1997), risk taking
ounselli (Fargo, 2009; Messman-Moore et al., 2009), risky sexual ounselli
(Niehaus et al., 2010), acknowledgement status (Littleton et al., 2009), PTSD
symptoms (Messman-Moore et al., 2009; Fortier et al., 2009), and coping
strategies (Phanichrat & Townshend, 2010) can influence re-victimization.
There are two major research questions to be asked in this qualitative research,
which are directly related to the relationship between re-victimization and
victim/survivor status.
Research Question 1: Is a woman with a survivor mentality of her sexual assault
protected from re-victimization?
Research Question 2: Is a woman with a victim / sufferer mentality of her
sexual assault vulnerable to re-victimization?
The words "victim" and "survivor" will be defined for this study based on
definitions used in other research studies. A woman with a victim mentality is
characterised as being weak, hopeless, docile, experiencing sentiments of
worthlessness, and having no influence over her life circumstances. (Dunn,
24 | P a g e
2005; Kuban & Steele, 2011; Brosi & Rolling, 2010; Park et al., 2009). 4In
summary, a person with a victim mentality allows things to happen to her. A
survivor mentality is defined as a woman being empowered, creating a meaning
out of her experiences, being equipped with choice, participating in her own
healing, feeling safe and validated, having hope, and living after a traumatic
experience (Hunter, 2010; Kuban & Steele, 2011; Brosi & Rolling, 2010; Park et
al., 2009). In other terms, a person with a survivor mentality takes control of the
circumstances of her life.
CHAPTER THREE
METHODS
SAMPLING/PARTICIPANTS
The goal of this research is to conduct in-depth interviews in order to elicit
central themes about how outside factors affected the victim herself, how these
factors influenced her perception of herself, and which factors she believes had
the most significant impact on her re-victimization or non-re-victimization. This
study's participants include women who have been sexually attacked or raped, as
well as women who have been re-victimized (or sexually assaulted or raped on
more than one occasion). These ladies were chosen via snowball sampling and
discovered using various methods. Psychologists, sexual assault victim
advocates, and intimate acquaintances were asked whether the victims would be
willing to participate in a confidential survey. The study aimed to acquire a
survey that was representative of the women within the sample frame. Women
who have been sexually assaulted and re-victimized form the sample frame.
Snowball sampling is one approach for locating victims of a crime that is rarely
mentioned openly and is frequently bound by secrecy (Patten, 2009). I gave each
lady who took part in the study a demographic survey and questioned her.
Participants in ethnographic research, or participant research involving in-depth
interviews, are often small in number (Hughes, King, Rodden, & Andersen,
1995). The purpose of this study is to conduct in-depth interviews with twenty
4
A survivor’s mentality(Dunn, 2005; Kuban & Steele, 2011; Brosi & Rolling, 2010; Park et al., 2009)(e-book), women against
sexual assault (Hunter, 2010; Kuban & Steele, 2011; Brosi & Rolling, 2010; Park et al., 2009)(e-book),self support (Macy et al.,
2006; Phanichrat & Townshend, 2010; Niehaus et al., 2010(e-book)
25 | P a g e
female participants in order to learn about their personal experiences with sexual
assault.5
INTERVIEW SCHEDULE
The supplies needed for the research experiment are limited. Previous literature
was employed as one of the resources. Many issues concerning the women's
views of her sexual assault surfaced from the literature. Previous study aided in
the discovery of several interview questions to be asked.
A cell phone was also utilised as a recording equipment. The use of a voice
recorder, comprehensive note taking, or a mix of the two is an important feature
of the interview process; some participants may be uncomfortable with the
recorder at first, but eventually become more comfortable with the equipment
(Francis, 2004). The use of a recorder allowed me to return to the interview at a
later point of the research process when specific themes emerged (Francis,
2004). The interviewee was asked if she had any concerns about being recorded
throughout the interview, and she was told that any questions may be skipped if
required, and, most significantly, that the conversation could be ended at any
moment (see Appendix C). The interviewee was given a list of emergency
contacts with specialists who are available 24 hours a day, seven days a week
(see Appendix D). The interview was videotaped, including the questions asked
and the responses made by the respondents. The interviewer and interviewee
were both wearing mobile phone as a tape recorder, which were placed
immediately between them. The interview queries the women about their
perceptions of the major elements that affected their re-victimization or non-re-
victimization, such as social support, alcohol use, substance usage, personal
outselli, and psychological health. Throughout the interview, no further
technological equipment was used.
DESIGN
5
Few women (Hughes, King, Rodden, & Andersen, 1995)(e-book).
26 | P a g e
Though quantitative research gives more data, it often provides less in-depth and
personal data than qualitative research, particularly when discussing highly
sensitive matters such as sexual assault and rape, as well as the variables that
may have contributed to re-victimization (Babbie, 2005). In-depth interviews are
advantageous because they "enable inquiry, reflexivity, creativity, reciprocal
interchange, and engagement" between the researcher and the participants
(Caine, Davison, & Stewart, 2009, p. 489). For these reasons, this research study
is designed as qualitative rather than quantitative. The goal of this study is to
learn about personal tales and women's perceptions of victimisation. Because in-
depth interviews with these ladies give unique answers that cannot be predicted
and included into a multiple choice questionnaire, qualitative research was
chosen for this research project (that a quantitative study would employ).
Because each incidence is individual and unique, conducting interviews results
in a greater understanding of the women's experience of sexual assault or rape.
The narrative style of qualitative research is more beneficial in comprehending
the woman's sexual victimisation and the elements that contribute to her re-
victimization, or lack thereof.
When a factor appears to be vital, more time may be spent on that issue; if a
component does not appear to be as relevant to a certain individual, that element
can be explored to a lesser extent and the interview can continue. The downsides
of employing a qualitative research approach include the restricted number of
interviews that can be performed due to time, access, and financial constraints.
This is an exploratory study that can be used to guide future quantitative
research. It applies to those who have been sexually abused on one or more
occasions. The methodology and reasoning for constructing the questions I used
when interviewing the participants are described in Table 1.
TABLE 1. QUESTIONNARE DESIGN AND RATIONALE
Questionnaire Item Supporting Study Rationale for Question

1. At what age did you got first sexual N/ Background information
assault experience?
A
2. How old was the perpetrator? N/ Background information
27 | P a g e
A
3. Can you tell me about your first time N/ Background information
being sexually attacked?
A
4. Whom did you disclose this assault to Mason et al., These studies include the significance of
and how soon after the assault did you 2009; Ullman, disclosure, who the lady disclosed to, and
report 1996; Borja et al., re-victimization..
it? 2006
5. What types of people did you tell? Mason et al., This research addresses several types of
Friends, family, police, rape social support, how helpful the women
2009
crisis centers? believed these disclosures to be, and the
rates of recurring victimisation. Women
thought informal social support was more
beneficial; nevertheless, women who
revealed to official social support networks
were less likely to be victimised again.
6. How did those you told react to your Ullman, 1996; According to Ullman's research,
disclosure? Borja et al., 2006; unfavourable social responses contribute to
Mason et al., poor recovery from attack. Borja's research
found that favourable social reactions had
2009
a mixed influence on recovery, having
both neutral and positive benefits.
According to Mason's research, women
who get less positive social support are
more likely to be re-victimized.
7. In what ways did each of their reactions Ullman, 1996; According to the findings of this study,
affect you? If it was a positive reaction, Borja et al., unfavourable social reactions contribute to
how did it help you? If it was a negative a poor recovery from an assault. Borja's
2006
reaction, how did it impact you? research found that favourable social
reactions had a mixed influence on
recovery, having both neutral and positive
benefits. According to Mason's research,
women who have less positive social
support are more likely to be re-
victimized..
8. What types of ways did you deal with Macy et al., 2006; According to these findings, self-blame
your first sexual assault? Ullman et al., leads to re-victimization. This question
2008; Phanichrat invites the participant to provide her
& Townshend, personal perspective on how she dealt with
2010 the experience.
9. Do you feel there is anything that could Macy et al., 2006; According to Macy's research, blaming the
have been done that may have made you Ullman et al., assailant has considerable beneficial
less likely a target for sexual assault? 2008; Phanichrat impacts on the woman during and after
& Townshend, sexual aggression, while women who
2010 blame themselves are more likely to be re-
victimized. According to Ullman's
research, women who blame themselves
have more unfavourable social reactions.
According to Phanichrat's research, the
stigma of abuse, as well as the fear of
rejection and public opinion, may prevent
a victim from revealing their attack.
10. Thinking back, is there anything you Macy et al., 2006; According to Macy's research, blaming the
believe you could have done to prevent the Ullman et al., assailant has considerable beneficial
assault? 2008; Phanichrat impacts on the woman during and after
28 | P a g e
a victim from revealing their attack.
11. Initially, who did you think was Macy et al., 2006; According to Macy's research, blaming the
responsible for the attack? Has that Ullman et al., assailant has considerable beneficial
changed for you present and today? 2008; Phanichrat impacts on the woman during and after
a victim from revealing their attack..6
12. 14 Did your personal ounselli remain Fargo, 2009; Fargo's research discovered a relationship
the same as prior to your first sexual Messman-Moore
between risky ounselli and hazardous
assault or did it change? What is your et al., 2010
typical ounselli? sexual ounselli and re-victimization.
Messman's study discovered that emotion
dysregulation linked hazardous sexual
behaviour and the number of lifetime
sexual intercourse partners, as well as
increased sensitivity to re-victimization.
13. 15 After your first sexual Combs-Lane & Smith, 2002; According to Comb's research, one
victimization, did you intend on drinking Fargo, 2009; technique to detect re-victimization is to
heavily? Engaging in sexual ounselli? Kilpatrick et al.,1997 interrogate victims about their plans to
Participate in activities involving exposure engage in dangerous activities. According
to potential perpetrators? to Fargo's research, women who knew they
were going to participate in hazardous
conduct actually engaged in more risky
activity. According to Kilpatrick's
research, women who interact with drug
traffickers are more likely to be re-
victimized since they are in the presence of
potential predators.
14. 16 How has being a victim of sexual Fargo, 2009; Messman- All of these studies deal with sexual
assault impacted your sexual ounselli? Moore et al., 2010; ounselli and re-victimization, and this
Combs-Lane & Smith, 2002; question allows the responder to explain
Kilpatrick et al.,1997 how the sexual attack affected her sexual
ounselli.
LIMITATIONS
6
Assault after effects Fargo, 2009; Messman-Moore et al., 2010;(e-book)
Perception of women Combs-Lane & Smith, 2002; Kilpatrick et al.,1997(e-book)

29 | P a g e
Qualitative research is particularly valid since participants may offer the
responses rather than choosing an answer prepared by the researcher in a
multiple-choice selection (Babbie, 2005). Using qualitative research rather than
quantitative research, I will be able to provide a more valid account of the
phenomena researched. The responses offered by participants are unlikely to be
shallow, which benefits the researcher greatly (Babbie, 2005). The study
questions being asked have high face validity, which means that they "appear to
measure what [they purport to assess]" (Patten, 2009, p. 63). The study's goal is
to find fundamental patterns in how outside variables affected the victim herself,
how these factors changed her image of herself, and which elements she feels
had the most important impact on her re-victimization or non-re-victimization.
The study questions precisely ask these issues and offer additional questions that
seek more in-depth understanding on these topics. Furthermore, the study
questions have high content validity, which means they encompass a wide range
of meanings within a topic (Babbie, 2005). The questions posed to the
participants were designed to learn about the amount of social support they
received, their personal outlook and how it changed as a result of their
experience with sexual assault or rape, their psychological health and how they
dealt with the emotions that come with a traumatic experience, and their
perception of themselves as a victim or survivor. Each of the specific areas is
addressed by a series of questions. Although there are various benefits to
conducting in-depth interviews, there are a few drawbacks. Participants in the
research are restricted to those who are willing to share her sexual assault,
implying that she has recognised her sexual assault. Furthermore, the
participants are confined to those recruited through psychologists, victim
advocates, and personal connections, which are slanted towards women who
have sought social assistance for their sexual assault, at least in part. Those who
refuse to admit their sexual assault or who have not spoken to others about their
sexual assault were not interviewed. The interview is constrained by the
questions asked and the honesty of the ladies who answer to them. If the ladies
think that the answers to the questions are truly secret, her responses will be
more candid. If the ladies think that their tale may be traced back to them
30 | P a g e
through the research report, she may not react truthfully. Another limitation is
that participants may answer the questions depending on what they believe is the
"correct" response or what I want to hear. The replies might be skewed based on
the participant's mood, the chemistry between the participant and the
interviewer, or the subject's inclination to divulge personal information to
another person. If a woman has previously had a bad experience admitting her
attack, the outcomes may differ from if the participant has previously had a
favourable or neutral experience disclosing her assault. While there are several
benefits to utilising qualitative research, there are a few drawbacks. It takes time
to interview all of the participants and synthesise the data into a cohesive whole
in qualitative research. Qualitative research may be taxing on both the
researcher's mind and body (Morris & Marquart, 2010). It can also present
ethical and moral quandaries for the researcher, such as when the researcher
realises she is being lied to and whether or not the researcher should approach
the participant about those lies (Wood, 2006). Qualitative research might be
proven to be unreliable if the researcher fails to account for his or her own biases
and points of view (Babbie, 2005). However, dependability can be maintained if
the researcher makes comparative assertions about the research rather than
merely descriptive measures (Babbie, 2005). This study polled twenty women
who had been sexually attacked or raped at least once, and it may be applied to
populations who have been sexually abused on one or more occasions. This
qualitative data cannot give the same amount of statistical data as quantitative
research, hence it cannot be utilised to generate statistical descriptions of vast
populations; nevertheless, it can help influence future quantitative research
(Babbie, 2005).7
CHAPTER FOUR
RESULT
INTRODUCTION TO PARTICIPANTS
7
Assault after effects Fargo, 2009; Messman-Moore et al., 2010;(e-book), Perception of women Combs-Lane & Smith, 2002;
Kilpatrick et al.,1997(e-book), Point of view of an assaulted women (Babbie, 2005)(internet article)
31 | P a g e
I performed 20 interviews and declared and referenced in my dissertation paper
10 interviews out of 20 interviews with 20 women who had previously been
raped or sexually abused on one or more occasions. To maintain anonymity, the
women's identities have been altered. Using a fictitious identity preserves the
women's confidentiality, offers the participants more dimensionality, and helps
the dialogue to flow more easily. Table 2 shows the basic demographics of the
participants as well as a summary of their assault history.
TABLE 2. SUMMARY OF ASSAULT HISTORY

NAME SUMMARY OF ASSAULT HISTORY
Munira Her 32-year-old stepfather assaulted her and her
sister many times when she was 8 years old. Her
mother's 28-year-old lover molested her many
times when she was 10 years old. Her 32-year-old
father raped her when she was 12 years old, while
her father's mother-in-law sat by her passively.
Mabiha When Mabiha was 11 years old, her uncle, who
was in his 40s, read Tijuana Bibles to her and her
brother and sexually abused her three times. A
another uncle, in his 30s, assaulted her in a car two
years later. A 19-year-old stalker raped her many
times when she was 14 years old, finally forcing
her to get pregnant. Because of the pregnancy, her
parents subsequently pushed her to marry her
stalker.
Aamina Drew, a 16-year-old, sought to have sexual
relations with Aamina when she was 6 years old.
Her uncle Tom, together with her two brothers and
cousins, assaulted her two years later. In addition,
he forced his daughter and Aamina's brother to
have sex in a bathtub. A soldier in his fifties
molested her when she was ten years old.
Tanuja Tanuja was 2 1/2 years old when she was abused
in the front seat of a car by her mother's
acquaintances - one male and one female – while
32 | P a g e
her mother sat lazily in the backseat. Her uncle
molested her in a swimming pool when she was
five years old. She was beaten and raped on a
regular basis when she was 15 by a 16-year-old
who finally impregnated her. He later stole her
from a maternity home and transported her to New
Mexico, where his pregnant girlfriend stabbed her
multiple times.
Bilquis Bilquis was drugged and sexually molested on a
regular basis by her 40-year-old stepfather when
she was 13 years old. She was unconscious for
three days at a time as a result of the medicines.
When she was 18, her 26-year-old husband
battered and raped her.
Jasmin When Jasmin was 18, her 35-year-old ounselli

sexually attacked her by seizing her by the waist
and humping her.
She was attacked when she was 20 years old by
three males in their twenties, one of them was a
police officer.
Sandhya Sandhya's 68-year-old grandpa raped her when
she was eight years old. When Sandhya pleaded
for aid throughout the attack, her grandma stood
still. Sandhya informed her parents, who informed
the police, and sought counselling to help her cope
with the trauma.
Pooja Pooja’s 35-year-old teacher sexually assaulted her

and her friend at least three times per week when
she was 13 years old. He made them stay after
class because they were “in trouble.” Pooja was at
a club and had been using copious amounts of
drugs and alcohol, when she was assaulted,
beaten, and raped by numerous perpetrators. She
only remembers parts of the assault but had
significant bruising around her neck and on her
body.
Rashmi Rashmi was 20 years old when she was sexually
assaulted by her 19-year-old friend in a cemetery.
She had been sexting with him the night before,
which caused her to pause before saying no.
Prajakta When Prajakta was 18 years old, she was stalked
by a 25-year-old who made a book with pictures
of him and her stitched together. While she was
still 18 years old a 45-year-old man pushed her
down and licked her toes. When she was 20 years
33 | P a g e
old a 40-yearold man showed her inappropriate
pictures and grabbed her.
8
INTRODUCTION TO RESULTS
I have stated and mentioned in this dissertation work 10 interviews out of 20

interviews which I have conducted with 20 women who have previously been
raped or sexually assaulted on one or more than one occasion. Of those 20
women, 15 were re-victimized and only 5 were victimized on one occasion.
Within the group, there were a total of 27 re-victimizations; meaning, there was
a total of 47 sexual assaults or rapes amongst the 20 women. Out of all 47 sexual
assaults or rapes, only two qualify as stranger rape. In all other instances, the
woman was familiar with the perpetrator in some aspect. He may have been a
relative, a friend, or an acquaintance. There was a significant difference in the
average age of the victim and the average age of the perpetrator. Many of the
women were victimized during their childhood; however, many of the men who
victimized them were much older. The youngest woman who was victimized
was 2 1/2 years old and the oldest woman victimized was 27 years old. The
average age of victimization was 12.65 years old. The youngest perpetrator was
13 years old and the oldest perpetrator was about 65 years old. The perpetrators
were 31.8 years old on average. The average age difference between the victim
and perpetrator was 19.19 years. On average, the perpetrator was 19 years older
than the woman he victimized. Only one case had a criminal who was younger
than the victim. In this instance, the victim was 20 years old and the perpetrator
was 19 years old.
Throughout the interviews, four categories became evident. The four categories
are as follows: victim thoughts, survivor thoughts, reasons for re-victimization,
and reasons for non-re-victimization. Table 4 on page 68 is a chart that
summarizes each woman and her status as victim, survivor, or a person who
8
Assault after effects Fargo, 2009; Messman-Moore et al., 2010;(e-book)
Perception of women Combs-Lane & Smith, 2002; Kilpatrick et al.,1997(e-book)
34 | P a g e
transformed from a victim to a survivor. It also describes how each woman was
linked to that category.
VICTIM’S THOUGHT
Victim and survivor thoughts were present in the women in the study. Some
women had only victim thoughts, some women only had survivor thoughts,
while other women had victim thoughts at one point in her life and then had a
transformation where she began developing survivor thoughts.
BELIEVED SHE DESERVED IT
Victim thoughts were passive or hopeless or powerless. Every woman had

negative consequences resulting from her victimization. These negative
consequences lead some of the women to develop a victim mentality.some ladies
questioned why they were being assaulted in the first place. Two women
actually believed they asked to be assaulted. Bilquis, who was sexually assaulted
by her step-father and raped by her husband, believed she “made her bed and
now she had to lay in it” (Bilquis, personal communication, November 2013).
Mabiha, the teenager who was impregnated by her assaulter, believed her
husband, also her perpetrator, was taking her parent’s burden away. These
feelings of believing they deserved to be sexually assaulted are victim thoughts
of being hopeless and powerless and passive.
NEGETIVE SELF PERCEPTION
The sexual assault affected women in regard to how they view themselves and
their emotional health as well. Five women reported feeling dirty or disgusting.
Eight had feelings of low self-esteem. Bilquis, who was sexually assaulted by
her step-father and raped by her husband, said, “Boys told me they wanted to put
a bag over my head and screw me” (Bilquis, personal communication,
November 2013). Six women felt numb inside. Stacy, for example, whose
physically abusive husband raped her, said she felt numb inside and simply went
35 | P a g e
through the motions. Five women dissociated themselves from the event. Six
were insecure. Ruby, who was sexually assaulted on five occasions, said, “I
became very insecure; I became the girl that everyone liked to pick on … the
loser” (Ruby, personal communication, February 2013). One woman was
nervous and one was depressed. Self-blame was a prominent negative
consequence of the assault; a startling twelve women blamed herself for the
assault in some aspect. Vandana, at
13 years old ran into the bathroom in an attempt to escape her two 13 year
oldassailants, said the sexual assault changed her perception of herself
becauseshe “felt crappy and ashamed” (Vandana, personal communication,
August 2013).These thoughts of self-blame, numbness, dissociation, insecurity,
and low selfesteem are evidence of a woman with a victim mentality.
SEXUAL REMISSION
There were numerous negative consequences relating to the sexuality of the

women. Thirteen women became promiscuous or engaged in sexual
experimentation after the assault. Aamina, who was assaulted three times before
she was 11 years old, says, “If it had pants on, I would jump into bed” (Aamina,
personal communication, December 2013). Lillian, who was dragged into a
closet and assaulted at 7 years old, said, “I became promiscuous because I liked
the power I held over other boys who would become interested and I couldget
things from them” (Lillian, personal communication, July 2013).Eight women
experienced a sexual remission or a lack of initiation. Samirah, who was
assaulted by her step-father from the age of 5 to age 12, had the motto, “Wine
me, dine me, but you’re never gonna find me” (Samirah, personal
communication, September 2013).
Several women stated they experienced both promiscuity and remission at
different points after the assault. Pooja, whose teacher made her stay after class
because she was “in trouble” and assaulted her, said, “I would just fuck
anybody” (Pooja, personal communication, April 2013). Pooja also said, “I’d
have sex everywhere and anywhere, but when I was married, I didn’t want to
have sex anymore” (Pooja, personal communication, April 2013).
36 | P a g e
Two women believe they entered into an inappropriate marriage due to being
sexually assaulted. Samirah, who was made to move in with her uncle who raped
her, said the most detrimental aspect of the assault was the inappropriate
marriage she entered into. She was 19 when she married someone who was 17
years older than her, which lead her to a “whole new world of victimization and
abuse” (Samirah, personal communication, May 2013). Mabiha was 14 years old
when she was continually stalked and assaulted by a 19 year old man. Mabiha
became pregnant by her perpetrator and her parents forced her into marriage
with the perpetrator. Mabiha said, “I felt like Brian [her husband/perpetrator]
was taking her parent’s burden away” (Mabiha, personal communication,
August 2013). These feelings of insecurity or having a lack of agency in their
lives portray a woman who has a victim mentality rather than a survivor
mentality.
PERSONAL RELATIONS AND PERCEPTIONS

Other women had victim mentalities that were brought on by their lack of
support from their families and friends. Negative consequences of the assault as
a result of the lack of support altered the way women related to people and how
they perceived them. Ten women stated they had issues trusting people after the
assault. Sandhya was assaulted by her grandfather at the age of eight and her
grandmother walked in on the assault, but did nothing to protect her; Sandhya
said because of this incident and her grandmother’s flippant reaction she
developed issues with trusting people. Rashmi, whose sexting lead to a fear and
delayed reaction of saying “no” to the perpetrator, said she became more
distrusting of men; “I now see all men as having the potential to be a perpetrator
or rapist” (Rashmi, personal communication, December 2013). Five women
became introverted and two became perfectionists or overachievers. Two
women became attention seeking or extroverted and five became rebellious.
Samirah, who was made to move in with her uncle who raped her, said her
drinking made her be rebellious and mean, but she never wanted to hurt other
people. Three women became controlling and six stated they had anger
management issues. Pooja, whose teacher made her stay after class because she
37 | P a g e
was "in trouble" and assaulted her, said she was constantly angry and acted out
violently (Pooja, personal communication, April 2013).
SURVIVOR’S THOUGHT
MOVING ON FROM THE ASSAULT
The survivor thoughts women had were significantly different from the
victim thoughts. There were numerous positive consequences resulting
from the assaults the women experienced. They were able to see how
they positively changed due to the negative experience in their lives.
Typically the positive changes due to the assault were highlighted with
the development of survivor thoughts. Some of the survivor thoughts
were indicative of moving on from the experience. Two women believed
the positive aspects of the assault involved the consequences for the
perpetrators. When asked about a positive aspect of the assault,
Tanuja, who was first assaulted at 2 1/2 years old, said the person who
assaulted her went to jail and later committed suicide while
incarcerated. Another woman stated a positive aspect was that her
perpetrator went to jail for a significant amount of time.
EMPOWERED BY THE EXPERIENCE
Other survivor thoughts were indicative of being empowered by the

experience. The sexual assault positively affected how these women
identified with other people. Six women believe they were better mothers
due to the sexual assault. Eight women either became victim’s advocates
or helped others to be less prone to abuse through their careers or
volunteer work. Munira, who was assaulted by her step-father, mother's
boyfriend, and father, became a law enforcement officer and Lillian, who
was dragged into a closet and assaulted at 7 years old, became a
teacher. Both Munira and Lillian said they can better identify children who
are being abused. Three women think they can spot perpetrators better
than they could prior to the assault. Two women believe they have a
38 | P a g e
better understanding of men and the world. Jasmin, who was sexually
assaulted by a co worker and three other men (including a police officer),
stated, “I am more aware of risky situations, so it will not happen again”
(Jasmin, personal communication, May 2013). Lillian said she was able
to develop new relationships had it not been for the assault. She
connected with other people who had similar experiences; they had
similar topics to discuss and feelings toward the incidents. Two women
believe they are more aware of their surroundings.
POSITIVE IMPACT ON HER CHARACTER

9
Some survivor thoughts were indicative of being active in their own
healing. Some women were positively affected by the assault because of
how it impacted them as a person. Six women believe they are stronger
as a person due to the assault. One woman said she became a writer
and another woman said she developed faith. Two women said a positive
result of the victimization was her children. Two women are more patient
than they were prior to the assault. The following are a few of the
women’s survivor thoughts. Lita, whose assailant rubbed himself on her
to the point of pain, said, "I got through it" (Lita, personal communication,
April 2013). Jhanvi, who was assaulted by her grandfather in a cabin,
says, „it didn’t affect me horribly; I came through it well” (Jhanvi, personal
communication, December 2013). Samirah, who was made to move in
with her uncle who raped her, says, “I am blessed and fortunate”
(Samirah, personal communication, May 2013). Lillian, who was dragged
into a closet and assaulted at 7 years old, said, “I am a success; I have
my Master’s Degree, a house, two children, and two grandchildren”
(Lillian, personal communication, July 2013). Soniya, whose 33 year old
step-brother forced her to perform oral sex at a slumber party, said, “the
assault won’t hold me down” (Soniya, personal communication,
December 2012).
9
Personal interviews of assaulted and victimized women
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CHAPTER FIVE
ARTICLES AND STATUTORY PROVISIONS
Compensation Scheme for Women Victims/Survivors of

Sexual Assault/other Crimes – 2018 set up by the NATIONAL LEGAL SERVICE AUTHORITY,
12/11, Jam Nagar House, Shahjahan Road, New Delhi
INTRODUCTION / BACKGROUND
Hon’ble Supreme Court of India in W.P. (C) No. 565/2012 titled Nipun Saxena
Vs. Union of India opined that “it would be appropriate if NALSA sets up a
Committee of about 4 or 5 persons who can prepare Model Rules for Victim
Compensation for sexual offences and acid attacks taking into account the
submissions made by the learned Amicus. The learned Amicus as well as the
learned Solicitor General have offered to assist the Committee as and when
required. The Chairperson or the nominee of the Chairperson of the National
Commission for Women should be associated with the Committee.”
The Committee held rounds of meetings and it was decided to prepare a separate
“Chapter” or a “Sub-Scheme” within the existing Victim Compensation Scheme
for victims of sexual assault.
The Committee drafted Part – II of the Victims Compensation Scheme and
invited suggestions/comments from various stakeholders on the draft. Taking
into consideration the suggestions/comments, the Committee has finalized the
Compensation Scheme for women Victims/Survivors of Sexual
Assault/other Crimes and submitted the same before the Hon’ble Supreme
Court of India on 24.04.2018.
Submissions were made before the Hon’ble Bench and other stakeholders were
also heard on 10.05.2018. Additional suggestions received during the hearing
were also incorporated and final Scheme was filed before the Hon’ble Supreme
Court of India on 11.05.2018. On this day, after hearing NALSA and Ld.
Amicus Curiae, Hon’ble Bench was pleased to accept this Scheme and directed
all the State Governments/UT Administrations to implement the same in their
respective States/UTs.
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Hon’ble Supreme Court of India further observed that while nothing should be
taken away from this Scheme, but it does not preclude the State
Governments/UT Administrations from adding to the Scheme.
10
1. SHORT TITLE AND COMMENCEMENT
(1) This Chapter may be called the Compensation Scheme for Women
Victims/Survivors of Sexual Assault/other Crimes, 2018.
(2) It shall come into force on the date as and when ordered by Hon’ble Supreme
Court of India.
(3) It shall apply to the victims and their dependent(s) who have suffered loss,
injury, as the case may be, as a result of the offence committed and who require
rehabilitation.
2. DEFINITIONS
1) In this Chapter, unless the context otherwise requires:—

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www.nalsa.gov.in, nalsa-dla@nic.in
41 | P a g e
(a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);
(b) ‘Dependent’ includes husband, father, mother, grandparents, unmarried

daughter and minor children of the victim as determined by the State Legal
Services Authority or District Legal Services Authority on the basis of the report
of the Sub- Divisional Magistrate of the concerned area/Station House
Officer/Investigating Officer or on the basis of material placed on record by the
dependents by way of affidavit or on its own enquiry.
(c) “District Legal Services Authority” means the District Legal Services
Authority (DLSA)constituted under section 9 of the Legal Services Authorities
Act, 1987(Act 39 of 1987) for a District of the National Capital Territory of
Delhi;
(d) ‘Form’ means form appended to the Scheme as applicable to this Chapter.
(e) ‘Fund’ means State fund i.e. victim compensation fund constituted under the
State Victim Compensation Scheme.
(f) ‘Central Fund’ means funds received from CVCF Scheme, 2015.
(g) ‘Women Victim Compensation Fund’ – means a fund segregated for
disbursement for women victim, out of State Victim Compensation Fund and
Central Fund.
[Within the State Victim Compensation Fund, a separate Bank Account shall be
maintained as a portion of that larger fund which shall contain the funds
contributed under CVCF Scheme by MHA, GOI contributed from Nirbhaya
Fund apart from funds received from the State Victim Compensation Fund
which shall be utilised only for victims covered under this Chapter]
(h) ‘Government’ means ‘State Government’ wherever the State Victim
Compensation Scheme or the State Victim Compensation Fund is in context and
‘Central Government’ wherever Central Government Victim Compensation
Fund Scheme is in context and includes UTs.
(i) ‘Injury’ means any harm caused to body or mind of a female.
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(j) ‘Minor’ means a girl child who has not completed the age of 18 years.
(k) ‘Offence’ means offence committed against women punishable under IPC or
any other law.
(l) ‘Penal Code’ means Indian Penal Code, 1860 (45 of 1860);
(m) ‘Schedule’ means schedule applicable to this Chapter/Part of the scheme.
(n) “State Legal Services Authority” means the State Legal Services Authority
(SLSA), as defined in Section 6 of the Legal Services Authorities Act, 1987 (39
of 1987)
(o) ‘Sexual Assault Victims” means female who has suffered mental or physical
injury or both as a result of sexual offence including Sections 376 (A) to (E),
Section 354 (A) to (D), Section 509 IPC.
(p) ‘Woman Victim/ survivor of other crime’ means a woman who has
suffered physical or mental injury as a result of any offence mentioned in the
attached Schedule including Sections 304 B, Section 326A, Section 498A IPC
(in case of physical injury of the nature specified in the schedule) including the
attempts and abetment.
(2) Words and expressions used in this Chapter and not defined here, shall have
the same meaning as assigned to them in the Code of Criminal Procedure, 1973
or/and the Indian Penal Code, 1860.11
3. FUND FOR COMPENSATION WOMEN VICTIMS
(1) There shall be a Fund, namely, the Women Victims Compensation Fund
from which the amount of compensation, as decided by the State Legal Services
Authority or District Legal Services Authority, shall be paid to the women
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43 | P a g e
victim or her dependent(s) who have suffered loss or injury as a result of an
offence and who require rehabilitation.
(2) The ‘Women Victims Compensation Fund’ shall comprise the following:-
(a) Contribution received from CVCF Scheme, 2015.
(b) Budgetary allocation in the shape of Grants-in-aid to SLSA for which
necessary provision shall be made in the Annual Budget by the Government;
(c) Any cost amount ordered by Civil/Criminal Tribunal to be deposited in this
Fund.
(d) Amount of compensation recovered from the wrong doer/accused under
clause 14 of the Scheme;
(e) Donations/contributions from International/ National/ Philanthropist/
Charitable Institutions/ Organizations and individuals permitted by State or
Central Government.
(f) Contributions from companies under CSR (Corporate Social Responsibility)
(3) The said Fund shall be operated by the State Legal Services Authority
(SLSA).
4. ELIGIBILITY FOR COMPENSATION –
A woman victim or her dependent (s) as the case may be, shall be eligible for
grant of compensation from multiple schemes applicable to her. However, the
compensation received by her in the other schemes with regard to Section 357-B
Cr.P.C., shall be taken into account while deciding the quantum in the such
subsequent application.
5. PROCEDURE FOR MAKING APPLICATION BEFORE

THE SLSA OR DLSA—
Mandatory Reporting of FIRs: - SHO/SP/DCP shall mandatorily share soft/hard
copy of FIR immediately after its registration with State Legal Services
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Authority/District Legal Services Authority qua commission of offences covered
in this Scheme which include Sections 326A, 354A to 354D, 376A to 376E,
304B, 498A (in case of physical injury covered in this Schedule), so that the
SLSA/DLSA can, in deserving cases, may suo-moto initiate preliminary
verification of facts for the purpose of grant of interim compensation.
An application for the award of interim/ final compensation can be filed by the
Victim and/or her Dependents or the SHO of the area before concerned SLSA or
DLSA. It shall be submitted in Form ‘I’ along with a copy of the First
Information Report (FIR) or criminal complaint of which cognizance is taken by
the Court and if available Medical Report, Death Certificate, wherever
applicable, copy of judgment/ recommendation of court if the trial is over.
6. PLACE OF FILING OF APPLICATION—
The application/recommendation for compensation can be moved either before

the State Legal Services Authority or the concerned District Legal Services
Authority or it can be filed online on a portal which shall be created by all State
Legal Services Authorities. The Secretary of the respective DLSA shall decide
the application/ recommendation moved before him/her as per the Scheme.
Explanation: In case of acid attack victim the deciding authority shall be
Criminal Injury Compensation Board as directed by Hon’ble Supreme Court in
Laxmi vs. Union of India W.P.CRML 129/2006 order dated 10.04.2015 which
includes Ld. District & Sessions Judge, DM, SP, Civil Surgeon/CMO of the
district.
7. RELIEFS THAT MAY BE AWARDED BY THE STATE OR

DISTRICT LEGAL SERVICES AUTHORITY. –
The SLSA or DLSA may award compensation to the victim or her dependents to the
extent as specified in the scheduled attached hereto.
8. FACTORS TO BE CONSIDERED WHILE AWARDING

COMPENSATION –
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While deciding a matter, the State Legal Services Authority/District Legal
Services Authority may take into consideration the following factors relating to
the loss or injury suffered by the victim:
(1) Gravity of the offence and severity of mental or physical harm or injury
suffered by the victim;
(2) Expenditure incurred or likely to be incurred on the medical treatment for

physical and/or mental health including counselling of the victim, funeral,
travelling during investigation/ inquiry/ trial (other than diet money);
(3) Loss of educational opportunity as a consequence of the offence, including

absence from school/college due to mental trauma, bodily injury, medical
treatment, investigation and trial of the offence, or any other reason;
(4) Loss of employment as a result of the offence, including absence from place
of employment due to mental trauma, bodily injury, medical treatment,
investigation and trial of the offence, or any other reason;
(5) The relationship of the victim to the offender, if any;
(6) Whether the abuse was a single isolated incidence or whether the abuse took
place over a period of time;
(7) Whether victim became pregnant as a result of the offence, whether she had
to undergo Medical Termination of Pregnancy (MTP)/ give birth to a child,
including rehabilitation needs of such child;
(8) Whether the victim contracted a sexually transmitted disease (STD) as a

result of the offence;
(9) Whether the victim contracted human immunodeficiency virus (HIV) as a
result of the offence;
46 | P a g e
(10) Any disability suffered by the victim as a result of the offence;
(11) Financial condition of the victim against whom the offence has been
committed so as to determine her need for rehabilitation and re-integration needs
of the victim.
(12) In case of death, the age of deceased, her monthly income, number of
dependents, life expectancy, future promotional/growth prospects etc.
(13) Or any other factor which the SLSA/DLSA may consider just and
sufficient.12
9. PROCEDURE FOR GRANT OF COMPENSATION—
1) Wherever, a recommendation is made by the court for compensation under

sub-sections (2) and/or (3) of Section 357A of the Code, or an application is
made by any victim or her dependent(s), under sub-section (4) of Section 357A
of the Code, to the State Legal Services Authority or District Legal Services
Authority, for interim compensation it shall prima-facie satisfy itself qua
compensation needs and identity of the victim. As regards the final
compensation, it shall examine the case and verify the contents of the claim with
respect to the loss/injury and rehabilitation needs as a result of the crime and
may also call for any other relevant information necessary for deciding the
claim.
Provided that in deserving cases and in all acid attack cases, at any time after
commission of the offence, Secretary, SLSA or Secretary, DLSA may suo moto
or after preliminary verification of the facts proceed to grant interim relief as
may be required in the circumstances of each case. (2) The inquiry as
contemplated under sub-section (5) of Section 357A of the Code, shall be
completed expeditiously and the period in no case shall exceed beyond sixty
days from the receipt of the claim/petition or recommendation: Provided that in
cases of acid attack an amount of Rs. One lakh shall be paid to the victim within
12
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15 days of the matter being brought to the notice of DLSA. The order granting
interim compensation shall be passed by DLSA within 7 days of the matter
being brought to its notice and the SLSA shall pay the compensation within 8
days of passing of the order. Thereafter, an amount of Rs. 2 lakhs shall be paid
to the victim as expeditiously as possible and positively within two months of
the first payment* Provided further that the victim may also be paid such further
amount as is admissible under this Scheme.
(3) After consideration of the matter, the SLSA or DLSA, as the case may be,
upon its satisfaction, shall decide the quantum of compensation to be awarded to
the victim or her dependent(s) taking into account the factors enumerated in
Clause 8 of the Scheme, as per schedule appended to this chapter. However, in
deserving cases, for reasons to be recorded, the upper limit may be exceeded.
Moreover, in case the victim is minor, the limit of compensation shall be deemed
to be 50% higher than the amount mentioned in the Schedule appended to this
chapter.
* Victims of Acid attack are also entitled to additional compensation of Rs. 1 lac
under Prime Minister’s National Relief Fund vide memorandum no.
24013/94/Misc./2014-CSR-III/GoI/MHA dated 09.11.2016(copy attached)
Victims of Acid Attack are also entitled to additional special financial assistance
up to Rs. 5 lacs who need treatment expenses over and above the compensation
paid by the respective State/UTs in terms of Central Victim Compensation Fund
Guidelines-2016, no. 24013/94/Misc/2014-CSR.III, MHA/GoI
(4) The SLSA/DLSA may call from any record or take assistance from any
Authority/Establishment/Individual/ Police/Court concerned or expert for
smooth implementation of the Scheme.
(5) In case trial/appellate court gives findings that the criminal complaint and the
allegation were false, then Legal Services Authority may initiate proceedings for
recovery of compensation, if any, granted in part or full under this Scheme,
before the Trial Court for its recovery as if it were a fine.13
13
48 | P a g e
10. THE ORDER TO BE PLACED ON RECORD—
Copy of the order of interim or final compensation passed under this Scheme
shall be placed on record of the trial Court so as to enable the trial Court to pass
an appropriate order of compensation under Section 357 of the Code. A true
copy of the order shall be provided to the IO in case the matter is pending
investigation and also to the victim/dependent as the case may be. 11.
METHOD OF DISBURSEMENT OF COMPENSATION—
(1) The amount of compensation so awarded shall be disbursed by the SLSA by

depositing the same in a Bank in the joint or single name of the
victim/dependent(s). In case the victim does not have any bank account, the
DLSA concern would facilitate opening of a bank account in the name of the
victim and in case the victim is a minor along with a guardian or in case, minor
is in a child care institution, the bank account shall be opened with the
Superintendent of the Institution as Guardian. However, in case the victim is a
foreign national or a refugee, the compensation can be disbursed by way of cash
cards. Interim amount shall be disbursed in full. However, as far as the final
compensation amount is concerned, 75% (seventy five percent) of the same shall
be put in a fixed deposit for a minimum period of three years and the remaining
25% (twenty five percent) shall be available for utilization and initial expenses
by the victim/dependent(s), as the case may be.
(2) In the case of a minor, 80% of the amount of compensation so awarded, shall
be deposited in the fixed deposit account and shall be drawn only on attainment
of the age of majority, but not before three years of the deposit. Provided that in
exceptional cases, amounts may be withdrawn for educational or medical or
other pressing and urgent needs of the beneficiary at the discretion of the SLSA/
DLSA.
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(3) The interest on the sum, if lying in FDR form, shall be credited directly by
the bank in the savings account of the victim/dependent(s), on monthly basis
which can be withdrawn by the beneficiary
12. INTERIM RELIEF TO THE VICTIM—

The State Legal Services Authority or District Legal Services Authority, as the
case may be, may order for immediate first-aid facility or medical benefits to be
made available free of cost or any other interim relief (including interim
monetary compensation) as deemed appropriate, to alleviate the suffering of the
victim on the certificate of a police officer, not below the rank of the officer-in-
charge of the police station, or a Magistrate of the area concerned or on the
application of the victim/ dependents or suo moto. Provided that as soon as the
application for compensation is received by the SLSA/DLSA, a sum of
Rs.5000/- or as the case warrants up to Rs. 10,000/- shall be immediately
disbursed to the victim through preloaded cash card from a Nationalised Bank
by the Secretary, DLSA or Member Secretary, SLSA. Provided that the, interim
relief so granted shall not be less than 25 per cent of the maximum compensation
awardable as per schedule applicable to this Chapter, which shall be paid to the
victim in totality.
Provided further that in cases of acid attack a sum of Rs. One lakh shall be paid
to the victim within 15 days of the matter being brought to the notice of
SLSA/DLSA. The order granting interim compensation shall be passed by the
SLSA/DLSA within 7 days of the matter being brought to its notice and the
SLSA shall pay the compensation within 8 days of passing of order. Thereafter
an additional sum of Rs.2 lakhs shall be awarded and paid to the victim as
expeditiously as possible and positively within two months.
13. RECOVERY OF COMPENSATION AWARDED TO THE

VICTIM OR HER DEPENDENT(S)—
Subject to the provisions of sub-section (3) of Section 357A of the Code, the
State Legal Services Authority, in proper cases, may institute proceedings before
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the competent court of law for recovery of the compensation granted to the
victim or her dependent(s) from person(s) responsible for causing loss or injury
as a result of the crime committed by him/her. The amount, so recovered, shall
be deposited in Woman Victim Compensation Fund.
14. DEPENDENCY CERTIFICATE—
The authority empowered to issue the dependency certificate shall issue the
same within a period of fifteen days and, in no case, this period shall be
extended: Provided that the SLSA/DLSA, in case of non-issuance of
Dependency Certificate, after expiry of 15 days, may proceed on the basis of an
affidavit to be obtained from the claimant.
15. MINOR VICTIMS –

That in case the victim is an orphaned minor without any parent or legal
guardian the immediate relief or the interim compensation shall be disbursed to
the Bank Account of the child, opened under the guardianship of the
Superintendent, Child Care Institutions where the child is lodged or in absence
thereof, DDO/SDM, as the case may be.
16. LIMITATION-
Under the Scheme, no claim made by the victim or her dependent(s), under sub-
section (4) of Section 357A of the Code, shall be entertained after a period of 3
years from the date of occurrence of the offence or conclusion of the trial.
However, in deserving cases, on an application made in this regard, for reasons
to be recorded, the delay beyond three years can be condoned by the
SLSAs/DLSAs.
17. APPEAL:
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In case the victim or her dependents are not satisfied with the quantum of
compensation awarded by the Secretary, DLSA, they can file appeal within 30
days from the date of receipt of order before the Chairperson, DLSA.
Provided that, delay in filing appeal may be condoned by the Appellate
Authority, for reasons to be recorded, in deserving cases, on an application made
in this regard.
18. REPEAL & SAVINGS–
(1) In case this Chapter is silent on any issue pertaining to Victim Compensation
to Women, the provisions of Victim Compensation Scheme of the State would
be applicable.
(2) Nothing in this Scheme shall prevent Victims or their dependents from
instituting any Civil Suit or Claim against the perpetrator of offence or any other
person indirectly responsible for the same.
Explanation: It is clarified that this Chapter does not apply to minor victims
under POCSO Act, 2012 in so far as their compensation issues are to be dealt
with only by the Ld. Special Courts under Section 33 (8) of POCSO Act, 2012
and Rules (7) of the POCSO Rules, 2012.
SCHEDULE APPLICABLE TO WOMEN VICTIM OF

CRIMES
S. No. Particulars of Minimum Upper Limit of

loss or injury Limit of compensation
Compensation
1 Loss of Life Rs. 5 Lakh Rs. 10 Lakh
2 Gang Rape Rs. 5 Lakh Rs. 10 Lakh
3 Rape Rs. 4 Lakh Rs. 7 Lakh
4 Unnatural Rs. 4 Lakh Rs. 7 Lakh
Sexual Assault
5 Loss of any Rs. 2 Lakh Rs. 5 Lakh
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Limb or part of
body resulting in
80% permanent
disability or
above
6 Loss of any Rs. 2 Lakh Rs. 4 Lakh
Limb or part of
body resulting in
40% and below
80% permanent
disability
7 Loss of any limb Rs. 1 Lakh Rs. 3 Lakh
or part of body
resulting in
above 20% and
below 40%
permanent
disability
8 Loss of any limb Rs. 1 Lakh Rs. 2 Lakh
or part of body
resulting in
below 20%
permanent
disability
9 Grievous Rs. 1 Lakh Rs. 2 Lakh
physical injury
or any mental
injury requiring
rehabilitation
10 Loss of Foetus Rs. 2 Lakh Rs. 3 Lakh
i.e. Miscarriage
as a result of
Assault or loss
of fertility.
11 In case of Rs.3 Lakh Rs.4 Lakh
pregnancy on
account of rape.
12 Victims of Burning:
a. In case of Rs. 7 Lakh Rs. 8 Lakh
disfigurement of
case
b. In case of more Rs. 5 Lakh Rs. 8 Lakh
than 50%
c. In case of injury Rs. 3 Lakh Rs. 7 Lakh
less than 50%
d. In case of less Rs. 2 Lakh Rs. 3 Lakh
than 20%
13 Victims of Acid Attack-
53 | P a g e
a. In case of Rs. 7 Lakh Rs. 8 Lakh
disfigurement of
face.
b. In case of injury Rs. 5 Lakh Rs. 8 Lakh
more than 50%.
c. In case of injury Rs. 3 Lakh Rs. 5 Lakh
less than 50%.
d. In case of injury Rs. 3 Lakh Rs. 4 Lakh
less than 20%
14
FORM –I
APPLICATION FOR THE AWARD OF COMPENSATION UNDER COMPENSATION
SCHEME FOR WOMEN VICTIMS/SURVIVORS OF SEXUAL ASSAULT/OTHER CRIMES,
2018 FOR INTERIM/FINAL RELIEF FOR WOMEN
14
54 | P a g e
(ARTICLE)
STOPPING RAPE
Towards a comprehensive policy
By “Sylvia Walby, Philippa Olive, Jude Towers, Brian Francis, Sofia Strid, Andrea Krizsán, Emanuela
Lombardo, Corinne May-Chahal, Suzanne Franzway, David Sugarman, Bina Agarwal and Jo Armstrong”
( I will just use some of the content to the above article to support my research)
INTRODUCTION
Rape shatters lives. Its traumatising effects can linger for many years after the
immediate pain and suffering. Rape is a consequence and a cause of gender inequality.
It is an injury to health; a crime; a violation of women’s human rights; and costly to
both the economy and society. Stopping rape requires changes to many policies and
practices. There is no simple solution; rather, a myriad of reforms are needed to prevent
rape. New policies are being innovated around the world, north and south, which are
often intended to prevent rape and to support victims/survivors simultaneously. This
book provides an overview of the current best practice from around the world for
ending rape. In order to prevent rape, it is necessary to know what causes rape. The
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selection of the examples of good and promising practice in this book is guided by a
theory of the causes of rape. The causal pathways that lead to rape involve many of
society’s institutions. These pathways are embedded in the state and public services,
including the criminal justice system and healthcare; culture, media and education; in
other forms and contexts of violence; and in the economy. Stopping rape requires the
effective mobilisation of all of these actors and institutions. It is not a single institution
that needs to change, however: most social institutions need reform, and society needs
transforming. Prevention is not a simple matter of changing attitudes such as by
‘educating’ boys, although every reform makes a contribution. Preventing rape
requires reforms in the many institutions that make up the social system. This, in
turn, requires the deepening of the gender dimension of democracy, and a
reduction in overall gender inequalities. The enormity of the task of preventing
rape does not make it impossible. Stopping rape can be achieved step by step. In
order to achieve this goal we need institutions that support the health and welfare
of victims, deliver justice, deepen democracy, reduce gender inequalities, and
reduce other forms of violence, as well as cultural change. The theories,
evidence and practice presented in this book are a contribution to the knowledge
base needed to prevent rape.
WHAT WORKS TO PREVENT RAPE
This book is concerned with ‘what works’ to prevent rape. It identifies and
evaluates recent strategies and policy practices from around the world, including
the UK and the European Union (EU), drawing on the international academic
and policy literature. Preventing rape requires reforms to policies for major
institutions concerned with: strategy, planning and coordination; victim and
healthcare services; law and rules of the criminal justice system; conflict zones;
culture, media and education; and the economy. Separate chapters of the book
address the reforms needed in each of these policy fields.
Strategy, planning and coordination
Strategy is needed to guide effective policy development and its implementation.
This requires the development of expertise as to ‘what works’ to reduce rape,
followed by the mainstreaming of this expertise into all relevant fields of public
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policy. It requires coordination of the actions of a myriad of relevant institutions.
It requires research, supported by data and statistics, to build theory about the
causes of rape and in order to evaluate the effectiveness of policy practices.
These developments depend on reform of the policy-making apparatus itself
through the deepening of gendered democracy, for example, by reducing the
gender imbalance in decisionmaking, from Parliament to the police. The
developments concern: strategic planning; coordination; development of
specialist services for victim-survivors; research, data and statistics; and deepening
gendered democracy.
The strategic development of effective policy to stop rape requires both the
development of specialist expertise and for actions by mainstream institutions to be
routinely informed by such expertise. The concept and practice of ‘gender
mainstreaming’ was developed when it was recognised that effective policy
development for gender equality required both the development of specialist expertise,
and also that normal policy actors incorporate these new practices into their mainstream
work. There is often a tension between the specialist expertise and the mainstream, but
this is, or at least can be, productive of deep positive changes in a broad range of policy
developments. The concept of ‘mainstreaming’ is applied here to the policy and
practices needed to stop rape. There needs to be both specialist units focused on the
development of expertise in stopping rape, and also the application of this expert
knowledge by normal policy actors in a wide range of mainstream policy domains. •
Coordination of service provision: the multiplicity of responses from a myriad of
specialist and mainstream services requires coordination at national and local level in
order to be effective. There is a need for national-level coordination and funding of
policies, and also local-level cooperation of the services needed to serve victims. At the
local level, services need coordination in order to ensure that a focus on the needs of the
victim is achieved. The international and regional levels are important for exchanging
best practice.
• Specialised services for victim-survivors: The development of specialised services
focused on the needs of the victimsurvivors is very important.
• Research, data and statistics: strategic planning requires a knowledge base to provide
the evidence to evaluate policy developments. It requires research, data and statistics.
Policies need to be assessed to find out ‘what works’ best in particular locations. It is
necessary to know how frequent rape is and how it is patterned, which requires
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population surveys. It is necessary to know how successful services are in their specific
contribution to the stopping of rape, which requires relevant administrative data. It is
necessary to develop theories, tested against evidence, as to what causes rape in order to
help theevaluation of what is effective in preventing rape.
• Deepening gendered democracy: the development of a viable strategy to prevent rape
requires the deepening of gendered democracy, reducing the gender imbalance in
decisionmaking, so that women as well as men have an effective voice in the myriad of
relevant institutions where decisions are made as to policy priorities. This includes the
voices of those who have suffered rape. Deepening the gender dimension of democracy
is part of the overarching strategy to develop the institutions, policies and practices
needed to stop rape. It is unlikely that this can be achieved without a reduction in
overall gender inequality.
Victim services and healthcare systems
It is important to look after the victim-survivors. The hurt and harms from rape
are considerable and often long lasting. It is possible to mitigate the effects of
rape by good practice, speeding healing and recovery. This is potentially offered
both by specialised standalone support services and by expert practices based
within mainstream health services. The health system is potentially an important
source of assistance to victims of rape, helping them to recover, but, if poorly
organised, it may exacerbate the problem. Looking after the victims of rape is
not only important in its own right, but it also contributes to the effectiveness of
preventative practices, for example, by helping victim-survivors to endure the
gruelling processes of the criminal justice system to secure the convictions
necessary to remove impunity from rapists. Survivors of rape also have the
potential to contribute knowledge to assist the development of the best form of
services for victims, to educate the public in the realities of rape, and to
contribute to the improvement of policies. Strengthening the ability of victim-
survivors to contribute to these processes of deterrence, public education and
policy reform is important for the prevention of rape in the future.
Law and the criminal justice system
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Rape is illegal in most places in the world, but the implementation of laws
against rape is notoriously inadequate and still needs reform. The purpose of the
criminal justice system is to stop people from committing crime by deterrence
through punishment, and by rehabilitation in prisons and treatment programmes.
But most rapists are not convicted, which generates impunity. The deterrent
effect of potential punishment depends on rapists being convicted in the courts.
This requires reforms of the criminal justice system so that rapists are more
usually convicted. This is not to promote a punitive state, but rather the
development of a gender-sensitive state, which responds to the concerns of
victim-survivors of rape.
Conflict zones
Rape is more common when other forms of violence are more common. Rape is
more frequent in zones of conflict than of peace. The use of rape as a weapon of
war has consequences for the long-term perpetuation of ethnic hatred and
political instability. The absence of effective sanctioning of offenders can be
significant in conflict zones, where informal interventions to sanction offenders
may also be absent. Attempts to reduce the higher rates of sexual violence in
conflict zones have included reducing the gender imbalance in decision-making
in peacekeeping forces. Improving the gender balance in decision making is
important in decisional arenas, from peace keeping to parliaments. Reducing war
and other forms of violence is important for reducing rape.
Culture, media and education
The prevention of rape requires the changing of minds so that no man wants to
rape. The public decJhanvition that rape is a crime, and hence wrong, offers
significant symbolic power, which may be further enhanced by the successful
use of criminal sanctions. But contemporary culture is ambiguous and
contradictory on the status of rape, not least in the new social media. Aspects of
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pornography and the commercialisation of sex can contribute to gendered
images that can be conducive to rape. Such ‘rape culture’ can have detrimental
effects on the treatment of victims by the police, juries and others. Hence,
culture, media and
education have become additional sites of action to prevent rape.
Economy
Gender inequalities in the economy matter, since it is hard to recuperate from

rape without a stable source of livelihood. In the case of domestic rape, where
sexual violence may be part of domestic violence, of a pattern of coercive
control by an intimate partner, economic inequalities are complexly entwined
with vulnerabilities to rape and other violence. Further, higher rates of violence
are in general associated with economic inequality: countries that have reduced
rates of economic inequality have lower rates of violence. Hence action to
reduce gendered economic inequalities can have immediate effects on the
wellbeing and resilience of victim-survivors as well as longer term effects on the
structure of other institutions that could act to prevent rape. Rape and other
forms of violence are linked to the economy. This perspective can be found
within both the global north and south. There are at least two major strands to
this approach identifying both processes in which violence damages the
economy and those in which economic inequality produces violence. Research
for The World Bank has identified violence as a detriment to economic
development (Moser and Shader, 1999).Redwood, a departmental director of
The World Bank, notes:‘Crime and violence erode physical, human, natural, and
social capital, undermine the investment climate, and deplete the state’s capacity
to govern. Previously regarded as an issue of criminal pathology or human
rights, violence is now recognized as a macroeconomic problem’ (quoted in
Moser and Shader, 1999, pv). The negative impact of violence on the economy
is identified in studies that estimate the cost of violence, in particular the cost of
gender-based violence against women, for economy and society. In the EU, this
is estimated to be €258 billion a year(Wallaby and Olive, 2014).There is also a
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causal pathway in the reverse direction, which appears to flow from economic
inequality to violent crime, asFajnzylber et al (1998) found in a study for The
World Bank Indeed, there are a multitude of criminological studies, largely
based in the global north, finding that economic inequality is linked to violent
crime, as in the meta-review of 63 studies by Chirico’s (1987) of 34 studies by
Hsieh and Pugh (1993),and the meta-analysis of over 200 studies by Pratt and
Cullen(2005). This is part of a wider social science literature that links violence
to other aspects of society (Wallaby, 2009, 2013; Ray,2011; Wallaby et al,
2014).Further, reductions in the amount of resourcing for services to prevent
violence against women (Towers and Wallaby, 2012) can have effects on the
level of violence. Changes in the financing of services for victim-survivors can
have an impact not only on their well-being but also on their ability to respond
through engaging in the prosecution of the rapist and in public education about
the realities of rape. These wider consequences of the funding of services for
victim-survivors can assist the prevention of further rapes.15
Gender equality
Each of these fields relevant to rape is shaped by wider gender inequalities in

society. Policy interventions to prevent rape are linked to the wider policy field
of gender equality. Addressing gendered inequalities in the economy,
governance, security and culture can improve the likelihood of successful
interventions in specific institutions that contribute to the prevention of rape.In
particular, reducing gender imbalance in decision-making improves the quality
of the decisions that are taken about priorities for resources. Violence against
women, of which rape is a particularly serious form, is a consequence of gender
inequality as well as itself contributing to that inequality (Brown miller,
1976;Kelly, 1988; Wallaby, 2009; Brown and Walk late, 2012). This connection
operates at several levels: gendered economic and cultural inequalities increase
the vulnerability of the victim and the motivation and capacity of the rapist;
15
STOPPING RAPE Towards a comprehensive policy By “Sylvia Walby, Philippa Olive, Jude Towers, Brian Francis, Sofia Strid,
Andrea Krizsán, Emanuela Lombardo, Corinne May-Chahal, Suzanne Franzway, David Sugarman, Bina Agarwal and Jo
Armstrong”(article e-book).
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gendered inequalities indecision-making and politics reduce the likelihood of
institutions prioritising rape prevention policies; and the form of the gender
regime affects the structuring of gendered institutions and the relations between
them. The development of effective policy requires input from those who have
experienced rape and from gender experts, and it requires gender balance in the
key decision-making arenas in order to secure this. Making the relevant changes
in policies requires the mobilisation of relevant actors. This in turn also requires
gender balance in each of the relevant domains of decision-making, from the
police to peacekeepers to parliamentarians. The gender imbalance in decision-
making means that women’s experiences and interests are underrepresented
when crucial decisions are made in professional bodies, parliaments and conflict
zones. Gender inequalities in the governance and practice of culture, media and
education have implications for the likelihood that these institutions propagate
rather than contest rape myths, which affect juries making
verdicts of guilt and innocence in trials.'
Rethinking ‘prevention’
The prevention of rape requires the development of practices that disrupt the
causal pathways leading to rape. In order to prevent rape, it is thus necessary to
identify the causes of rape. One approach includes ‘prevention’ within an
ambitious attempt to identify the policy architecture needed for effective
national strategies to end violence against women, articulated in the6Ps of
‘perspective, policy, prevention, provision, protection and prosecution’ (Coy et
al, 2008; Kelly et al, 2011), which has contributed to the development of UK
national strategy and plans (HM Government, 2009, 2010, 2015). Another
approach, led from public health, distinguishes between primary, secondary and
tertiary prevention, drawing on an ‘ecological model’ (Bronfenbrenner, 1977,
1979; Heise, 1998; WHO, 2002,2014b; Loots et al, 2011; Walden and Wall,
2014). Each of these approaches to ‘prevention’ contributes important elements
to a model of causation of rape, but each has some limitations. Three revisions
of two approaches to the theorisation of prevention are proposed. First, looking
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after victim-survivors helps to prevent rape.It not only helps to mitigate the
harms, but it is necessary: for the proper functioning of the legal and justice
system, that rape victims be supported to endure its processes so as to end
impunity for rapists; for the education of the public, policy-makers and
politicians, that rape victims are supported to speak out; and for the reform of the
institutions that engage with rape, that survivors confidently engage in their
reform. Services for victims are part of prevention. Second, prevention concerns
more than changes to culture, norms and attitudes. It requires reforms in all
major social institutions, not only culture, media and education; changing
attitudes is not enough. All the sites of intervention that have been identified are
relevant and important, even if of varying importance. Hence it is necessary to
have and to improve interventions in: strategic planning and decision-making;
specialised victim support; health services; law and the criminal justice system;
conflict zones; culture, media and education; and the economy. Third, the theory
of rape that underpins the strategy for prevention should draw on the concept of
‘institution’ in preference to that of ‘risk factor’, and connect the components of
the analysis using complex systems theory rather than merely statistical
correlations. It should draw on social scientific understandings of social
institutions and how these constitute the social system that is a society. The
model of prevention needs to be able to address both negative and positive
feedback loops (for example, the treatment and subsequent conduct of the
survivor).The evidence that is included should be all evidence: the field is not
yet so maturely developed, and nor is rape the type of phenomenon for which
relevant evidence can be restricted to the standards possible in medical science
(for example, random control trials and experimental methods written up in pee
review ed journals). When reviewing the knowledge base in this book, a broad
range of evidence is admitted for critical scrutiny. A more fully developed model
or theory of gender-based violence is needed. The effort put into developing an
effective approach to ‘prevention’ (Coy et al, 2008; Kelly et al, 2011;WHO,
2002, 2014b) indicates the importance of this agenda. This new approach to
theorising rape is developed during the course of the book, and is found in the
concluding chapter.
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Definitions of rape
Rape is a very serious form of violence. It is an important form of gender-based

violence against women. While all forms of gender-based violence against
women are serious, rape is especially hurtful and damaging, and can have long-
lasting consequences. Although some men are victims of rape, this is much less
common than among women. There are several approaches to defining rape.
Definitions have been developed by international bodies, in particular the United
Nations (UN)and the World Health Organization (WHO), although these are not
always in agreement. There are slight variations in definition between different
legal regimes, both those at a national level, and those of international regimes,
such as that of the Rome Statute of the International Criminal Court (2011a).
Popular culture often uses a concept of rape that is narrower than legal
definitions, especially as concerns the conduct of the victim. Social science has
used a range of concepts of rape and their operationalization in research.
Definitions may also vary by context, for example, depending on whether it
takes place in conflict zone or not. The UN (2010a) treats violence against
women, including rape, as a form of ‘gender-based discrimination’ as well as
‘violation of women’s human rights’. Over the past two decades, violence
against women has come to be understood as a violation of women’s human
rights and as a form of gender-based discrimination. Legislation on violence
against women should be in conformity with the UN General Assembly
DecJhanvition on the elimination of violence against women (Resolution
48/104of 1993), read together with Article 1 of the Convention on the
elimination of all forms of discrimination against women (UN, 1979),and
general recommendations No 12 (1989) and 19 (1992) of the Committee on the
Elimination of Discrimination against Women (UN, 2010a, p 13).The WHO
(2002) treats rape, other forms of sexual violence and violence in general, as
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issues of public health. WHO Resolution WHA49.25 in 1996 ‘declares that
violence is a leading worldwide public health problem.’ Rape is defined as:
‘Physically forced or otherwise coerced penetration – even if slight – of the
vulva or anus, using a penis, other body parts Oran object’ (WHO, 2002, p
149).The legal definition of rape varies slightly between legal regimes. At its
core, rape is coerced violation or penetration of the body. The nature of the
coercion is variously understood as the absence of consent, the use of force, the
threat of use of force, or a wider context of generalised coercion. There are
variations in whether the penetration can be with any object or is restricted to the
penis; whether the part of the body penetrated can include the mouth or anus, or
is restricted to the vagina. In legal terms, variations in the object and orifice
determine whether rape is only ever an offence by a man against a woman, or if
men can also be victims, or women can also be perpetrators. Legal developments
are discussed in more detail in the review of law below. The popular definition
of rape is often more restricted than the legal definition. Not only the general
public, but also even survivors of actions that are legally rape are reluctant to use
the term ‘rape’ unless the circumstances are more extreme than thelaw requires
(Wallaby and Mayhill, 2001). This is probably relatedto the stigmatisation of
rape victims in popular culture (Southland Wallaby, 1991). This discrepancy
between popular and legal definitions of rape has consequences for the treatment
of victims of rape and for the conviction of rapists by courts that use juries.
Social scientific research has investigated the range of meanings attached to the
term ‘rape’, and explored the implications of the different ways in which rape is
defined in both law and popular culture. The findings from this research mean
that some recent surveys offer behavioural descriptions rather than the summary
term ‘rape’ to respondents, gaining better understanding of the meaning of the
act to the survivor (Wallaby and Allen, 2004;Fisher, 2009). Further research has
developed the concept of ‘continuum of sexual violence’ so as to capture the
way in which small events are connected to create a context that is more
threatening than the sum of its parts (Kelly, 1988).The terms ‘victim’ and
‘survivor’ are used interchangeably in this book, although there are different
connotations attached to them. The use of the more conventional term, ‘victim’,
has-been subject to the criticism that it denies agency to the raped woman, and
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hence that the term ‘survivor’ should be used instead to take account of her
actions (Kelly, 1988). However, it is also argued that to attribute agency to the
person who has-been raped is misleading since it might imply that actions bythis
person could have made a difference, and is thus consistent with victim blaming.
This study follows the practice that has developed in the field of using both
terms, ‘victim-survivor’, but when this is overly complex, the term ‘victim’ is
used, while cognisant of its limitations. ‘Forced marriage’ might be
considered to include rape, since the sex is without consent because the marriage
was ‘forced’. However, since the coercion into the marriage may be from the
family and kin of the woman, rather than from the man she marries, it is not
clear that the man, who did not coerce the marriage, is, in law, a rapist. A similar
issue arises in the case of trafficking of women for purposes of sexual
exploitation, where the sex is without consent since the victim was trafficked,
but where the man may be unaware that this is the case and believes the woman
to have consented. It is not clear that the man who buys the (coerced) sex is, in
law, a rapist. In law, the rapist is person who knows that he is coercing the
woman as he rapes her, but in the cases of forced marriage and trafficking, the
coercionist being done by someone other than the person engaging in the sex.
Hence, while the man doing the sex in both of these cases is not usually
considered in law to be a rapist, from the woman’s point of view this is
nevertheless sex without consent, because of the coercive context created by
others.
Comprehensive rape crisis services: sexual assault crisis team in

the US (Such services should be started in India too):-
Specialist services to support victim-survivors of rape are a necessary part of the
best practice response, with the potential to mitigate the long lasting harms
inflicted. In supporting the victim-survivors, these services also act to prevent
rape, through supporting the victim in challenging the impunity of rapists
through the criminal justice system. There are a variety of components to these
services and their coordination so that the victim-survivor receives the best
support. SACT (Sexual Assault Crisis Team) practice is an example of best
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practice in the provision of these services. SACT is a rape crisis shelter
intervention in the US that provides residential-based support for victim-
survivors of rape, sexual assault and sex trafficking, including those in the
immediate aftermath of a rape; those coming to terms with historic rape
experiences, including as a child; and those who have returned to the area to
testify at trial. SACT has been identified as an example of best practice by a
2011 resource sharing project for the National Sexual Assault Coalition (see
www.nsvrc.org/organizations/84).The shelter was established in 2002, and
serves around 20-30 victim survivors in its shelter overnight. Unlike many
domestic violence shelters, all residential accommodation is in solo rooms to
accommodate the specific need for privacy of many rape victim-survivors. The
shelter works with both female and male victims of rape and sexual violence. Its
designed to have two completely separate sides, allowing female and male
victim-survivors’ privacy. Clients are also less likely to have young children
with them compared with those staying in domestic violence shelters.
Importantly, the board that oversees SACT is made up of people from the
communities it serves. The average stay in the shelter is three to five days,
although individuals who are looking for new housing options or who have other
needs might stay longer. There is no limit to the time SACT permits a survivor
to stay; as long as they are working towards their goals, they can keep their
residential place (Bein and Hurt, 2011).As well as residential accommodation,
SACT provides a 24-hour sexual assault hotline answered by trained advocates,
and a range of advocacy services for both residential and non-residential clients,
including hospital advocacy, legal advocacy, attorney consultation through a
specialist law project, education, training and support programmes, information
and training on date rape, stranger rape, surviving incest, inner child workshops,
ritualised or sadistic abuse, different types of harassment, support groups, for
profit, worship, or group/gang-related sexual violence and criminal activity, and
school and community safety programmes. SACT is now certified to provide
bystander training and offers an onsite campus office at the local military
academy, adding prevention programming to all aspects of the SACT
programme (SACT, 2013). SACT is a non-profit organisation staffed by
personnel with over 40 hours of initial training in sexual violence, and ongoing
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training in supporting victim-survivors of rape and sexual assault. Recipients are
female victim survivors of rape and sexual assault and male victim-survivors of
rape and sexual and domestic assault. As well as serving the local community,
referrals to SACT have also come from across the country, including California,
Connecticut, New York and Boston. The goal of SACT is to provide
comprehensive services to victim-survivors of sexual violence, including
emergency shelter and transitional housing for female victims of sexual violence
and male victim-survivors of sexual or domestic violence, legal and medical
advocacy, crisis services, support groups and educational forums. To address the
problem of sexual violence in the community, these services are designed to
meet the needs of both female and male victim-survivors, and services are also
available to victim-survivors’ non-offending family members and support
networks(SACT, 2013). SACT’s vision is that ‘the shelter serves every non-
offending human being’ (2013). SACT is designed to provide immediate support
to victim-survivors of rape, including accessing health and legal services; tore-
build victim-survivors’ self-esteem and self-confidence; and to come to terms
with what has happened to them no matter when the rape occurred (that is,
SACT works with victim-survivors in the immediate aftermath of a rape and
with those who were raped longer ago, including those adults who experienced
rape or sexual abuse as children). In addition, SACT provides training around
prevention, dating violence and healthy relationships to help prevent re-
victimisation in the future by enabling victim-survivors, non-offending family
members, high schools and colleges, the community at large, and other
professionals to better understand the nature of sexual violence, and to develop
access to independent living through education and training. Prior to the opening
of the shelter, SACT was already providing outreach services, but was having
difficulty finding appropriate shelter for victim survivors of rape. While the local
domestic violence shelter would certainly take in female sexual assault victim-
survivors, the shelter’s massive workload prevented the development of specific
services tosupport rape and sexual assault victim-survivors in their recovery.
SACT already had this expertise from running the 24-hour hotline and outreach
services for victim-survivors of rape, and therefore the shelter was conceived of
to fill an identified need using the knowledge and skills already available in the
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local rape and domestic and sexual assault support community (Bein and Hurt,
2011).In keeping with its vision (to serve every non-offending human
being),SACT provides residential services to male victims of rape, sexual and
domestic violence, as well as female victims of rape and sexual violence. This
enables SACT to address a gap in local provision because the local domestic
violence shelter was not able to house men, so male clients were being housed in
hotel rooms that did not enable a good model of support and recovery to be
delivered, and created additional concerns around client safety and client-
advocate meetings (Bein and Hurt, 2011).The shelter ensures issues of privacy
and personal safety are taken very seriously. For example, they recognised that
the shelter would need to offer bathrooms and showers that individuals could use
privately, and that shelter residents would need to be able to lock their doors and
be alone whenever they chose. All bedrooms are designed for solo occupation,
unless there is a non-offending partner whom the survivor chooses to accompany
them. While many of these requirements are similar to those for domestic
violence victim-survivors, other ‘rules ‘that work well in these types of shelters
need to be adapted to support victim-survivors of rape. SACT also houses family
members of victim survivors who have come to town to provide support in the
immediate aftermath of a rape, as well as victim-survivors who are returning to
town to deal with legal processes and trials. SACT works collaboratively with
organisations across the country, which enables it to meet the needs of diverse
range of recipients. For example, through collaborative work with the state-wide
Vermont Pride Center, SACT provides specialised services to the lesbian, gay,
bisexual, trans or questioning (LGBTQ) community, especially the transgender
community and bias/hate crime victims. Their needs for safe housing and shelter
are for longer periods of time as the violence often occurs in the home or they
are already on the streets and cannot return to their home of origin. They must
re-establish their lives in a different location. SACT also works in collaboration
with the local children’s advocacy centre, for child victims and non-offending
parents or guardians, and receives referrals from mental health agencies,
therapists, other community programmes such as the Council on Aging, as well
as other shelters and network programmes when they have reached capacity.
SACT also provides shelter and services for victim-survivors and the
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professionals who are involved in the work of stopping human sex trafficking,
including law enforcement, attorneys and both state and federal professionals.
Top ten policy reforms
1. Plan. Have a plan, a strategy, a gender-sensitive perspective, a policy, a form

of coordination, and systematic evaluation. All states should have NAPs; all
major policy bodies should have a plan.
2. Data. Have data to assess if the plan is working – surveys to measure the
extent of rape and sexual assault in society; administrative statistics to assess if
each policy body is achieving their planned contribution; and research to
investigate newinterventions.
3. Services for victim-survivors. Provide expert services and healthcare for

victim-survivors – specialised services, including mental health, expert
advocates and well-trained personnel in mainstream services.
4. Law. Ratify the Istanbul Convention and implement its provisions.
5. Criminal justice. Reduce the attrition of cases as they proceed through the
criminal justice system, from a police report to conviction, and reduce secondary
victimisation.
6. Conflict zones. Include women in decision-making in all relevant forums,

from peacekeeping troops to peace negotiations to disaster committees; prioritise
political negotiations rather than armed conflict.
7. Culture, media and education. Challenge the new and old media to reduce the
propagation of rape myths and rape culture.
8. Economy. Ensure all victims have access to income to mitigate the effects of
rape – reduce gendered economic inequalities to reduce vulnerability.
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9. Reduce gender inequality. Reduce the gender inequalities that contribute to
rape and other forms of gender-based violence, such as gender imbalance in
decision-making.
10. Reduce violence. Prioritise policy options that reduce violence, so as to cease
feeding violence with violence.16
Conclusions
Hence we conclude that theories of the causation of rape need to deepen in
sophistication in order to better establish the foundations for policy based on
‘what works’. It is necessary to go beyond the simple models of rape that
identify only the ‘risk factors’ that affect the vulnerability of victims to rape and
the propensity of men to rape. It is important to build a complex systems model
that includes each of the institutions that currently contributes to rape, and that
could potentially be part of prevention. Each of the relevant institutions has an
effect not only on individuals, but also on the other institutions relevant to rape.
The effects of institutions on institutions are important – they should not be
neglected, as is often the case in the ‘risk factor’ model. One implication is that
better provision for victim-survivors of rape can prevent rape, in addition to
mitigating its harms. Better provision of services has been focused on mitigating
the harms of rape on the victim-survivor. But it has wider effects. Abetter
supported victim-survivor is more able to effect change son relevant institutions.
Stronger victim-survivors are better able to endure the criminal justice system,
thereby leading to higher conviction rates; to speak out and educate the public
and policy-makers on the reality of rape, thereby challenging rape myths; and
thus to contribute to rape prevention. The institutions relevant to the causation
and prevention of rape are themselves shaped by wider societal forms, including
the gender regime and the system of violence. Gender regimes vary in gendered
economic inequalities, gendered imbalances in decision-making, gendered
participation in civil society, and gendered violence. Variations in gender
inequality shape the institutions of the system of rape: reducing gendered
16
Tewksbury, R., Jennings, W.G. and Zgoba, K. (2012) ‘A longitudinal examination of sex offender recidivism prior
to and following the implementation of SORN’, Behavioral Sciences and the Law, vol 30, no 3, pp 308-28.
71 | P a g e
inequalities reduces rape. Societies vary in the extent to which they are violent:
institutions generating violence cluster so that if there is more of one form of
violence, there are more of the other forms of violence. Reducing violence
overall reduces rape. The production and prevention of rape can be understood
to occur at three levels of analysis: societal-level systems (gender regimes,
overall violence); social institutions (planning/political, health, law and criminal
justice, conflict/military, civil society, economy); and individual victims and
rapists.17
IMMORAL TRAFFIC PREVENTION ACT, 1956

( Let us go through some of the relevant part and sections of the Immoral
traffic prevention Act, 1956)
2. Definitions.—
In this Act. unless the context otherwise requires—(a) “brothel“ includes any
house, room, conveyance or place, or any portion of any house, room,
conveyance or place, which is used for purposes of sexual exploitation or abuse
for the gain of another person or for the mutual gain of two or more prostitutes;
(aa) “child“ means a person who has not completed the age of sixteen years;
(b) “corrective institution“ means an institution, by whatever name called (being
an institution established or licensed as such under Section 21), in which
persons, who are in need of correction, may be detained under this Act, and
includes a shelter where under trials may be kept in pursuance of this Act;
(c) “magistrate“ means a Magistrate specified in the second column of the
Schedule as being competent to exercise the powers conferred by the section in
which the expression occurs and which is specified in the first column of the
Schedule;
(ca) “major“ means a person who has completed the age of eighteen years;18
17
Tewksbury, R., Jennings, W.G. and Zgoba, K. (2012) ‘A longitudinal examination of sex offender recidivism prior
to and following the implementation of SORN’, Behavioral Sciences and the Law, vol 30, no 3, pp 308-28.
18
Immoral traffic prevention Act, 1956(https://legislative.gov.in)
72 | P a g e
(cb) “minor“ means a person who has completed the age of sixteen years but has
not completed the age of eighteen years;
(d) “prescribed“ means prescribed by rules made under this Act;
(e) [1] [ * * * * * * ].
(f) “prostitution“ means the sexual exploitation or abuse of persons for
commercial purposes, and the expression “prostitute” shall be construed
accordingly;
(g) “protective home“ means an institution, by whatever name called being an
institution established or licensed as such under Section 21), in which persons
who are in need of care and protection, may be kept under this Act and where
appropriate technically qualified persons, equipment’s and other facilities have
been provided but does not include,—
(i) a shelter where under trials may be kept in pursuance of this Act, or
(ii) a corrective institution;
(h) “public place“ means any place intended for use by, or accessible to, the
public and includes any public conveyance;
(i) “special police officer” means a police officer appointed by or on behalf of
the State government to be in charge of police duties within a specified area for
the purpose of this Act;
(j) “trafficking police officer“ means a police officer appointed by the Central
Government under sub-section (4) of Section 13.
Comments
Prostitution—Police raid—Nine girls recovered—Enquiry conducted under Sec.

17—Medical examination report stating to have had sexual intercourse within a
week before examination— Detention order—Appeal—No evidence as to
petitioners living in or carrying on prostitution brothel at time of raid—No
evidence to prove that petitioners were seducing any person for the purpose of
prostitution—Profession of accused stated to be dancing & singing—Held :—
Sexual intercourse by itself is not an offence—Prostitution by itself is not an
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offence—Petition allowed. Kumari Sangeeta v. State and another. 1996 Cr.R.
129 (Delhi)
2-A. Rule of construction regarding enactments not extending to Jammu and

Kashmir .—Any reference in this Act to a law which is not in force in the State
of Jammu and Kashmir shall in relation to that State, be construed as a reference
to the corresponding law, if any, in force in that State.
3. Punishment for keeping a brothel or allowing premises to be used as a brothel.

— (1) Any person who keeps or manages, or acts or assists in the keeping or
management of, a brothel, shall be punishable on first conviction with rigorous
imprisonment for a term of not less than one year and not more than three years
and also with fine which may extend to two thousand rupees and in the event of
a second or subsequent to conviction with rigorous imprisonment for a term of
not less than two years and not more than five years and also with fine which
may extend to two thousand rupees.
(2) a any person who,—(a) being the tenant, lessee, occupier or person in charge
of any premises, uses, or knowingly allows any other person to use, such
premises or any part thereof as a brothel, or
(b) being the owner, lessor or landlord of any premises or the agent of such
owner, lessor or landlord, lets the same or any part thereof with the knowledge
that the same or any part thereof is intended to be used as a brothel, or is wilfully
a party to the use of such premises or any part thereof as a brothel, shall be
punishable on first conviction with imprisonment for a term which may extend
to two years and with fine which fine which may extend to two thousand rupees
and in the event of a second or subsequent conviction, with rigorous
imprisonment for a term which may extend to five years and also with fine.
(2-A) For the purposes of sub-section (2), it shall be presumed, until the contrary
is proved, that any person referred to in clause (a) or clause (b) of that sub-
section, is knowingly allowing the premises or any part thereof to be used as a
brothel or, as the case may be, has knowledge that the premises or any part
thereof are being used as a brothel, if,—
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(a) a report is published in a newspaper having circulation in the area in which
such person resides to the effect that the premises or any part thereof have been
found to be used for prostitution as a result of a search made under this Act; or
(b) a copy of the list of all things found during the search referred to in clause (a)
is given to such person.
(3) Notwithstanding any thing contained in any other law for the time being in
force, on conviction of any person referred to in clause (a) or clause (d) of sub-
section (2) of any offence under that sub-section in respect of any premises or
any part thereof, any lease or agreement under which such premises have been
leased out or held or occupied at the time of the commission of the offence, shall
become void and inoperative with effect from the date of the said conviction.
4. Punishment for living on the earnings of prostitution .—(1) Any person over
the age of eighteen years who knowingly lives, wholly or in part, on the earnings
of the prostitution of any other person shall be punishable with imprisonment for
a term which may extend to two years, or with fine which may extend to one
thousand rupees, or with both, and where such earnings relate to the prostitution
of a child or a minor, shall be punishable with imprisonment for a term of not
less than seven years and not more than ten years.
(2) Where any person over the age of eighteen years is proved,—
(a) to be living with, or to be habitually in the company of, a prostitute; or
(b) to have exercised control, direction or influence over the movements of a

prostitute in such a manner as to show that such person is aiding abetting or
compelling her prostitution; or
(c) to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed,

until the contrary is proved, that such person is knowingly living on the earnings
of prostitution of another person within the meaning of sub-section (1).
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5. Procuring, inducing or taking person for the sake of prostitution.—(1) Any
person who—
(a) procures or attempts to procure a person whether with or without his/her

consent, for the purpose of prostitution; or
(b) induces a person to go from any place, with the intent that he/she may for the
purpose of prostitution become the inmate of, or frequent, a brothel; or
(c) takes or attempts to take a person or causes a person to be taken, from one
place to another with a view to his/her carrying on, or being brought up to carry
on prostitution ; or
(d) causes or induces a person to carry on prostitution;
shall be punishable on conviction with rigorous imprisonment for a term of not

less than three years and not more than seven years and also with fine which
may extend to two thousand rupees, and if any offence under this sub-section is
committed against the will of any person, the punishment of imprisonment for a
term of seven years shall extend to imprisonment for a term of fourteen years:
Provided that if the person in respect of whom an offence committed under this
sub-section,—
(i) is a child, the punishment provided under this sub-section shall extend to
rigorous imprisonment for a term of not less than seven years but may extend to
life; and
(ii) is a minor, the punishment provided under this sub-section shall extend to
rigorous imprisonment for a term of not less than seven years and not more than
fourteen years.
[2] (2) [ **** ** ]
(3) An offence under this section shall be triable,—
(a) in the place from which a person is procured, induced to go, taken or caused
to be taken or from which an attempt to procure or taken such persons made; or
76 | P a g e
(b) in the place to which she may have gone as a result of the inducement or to
which he/she is taken or caused to be taken or an attempt to take him/her is
made.
6. Detaining a person in premises where prostitution is carried on.—(1) Any

person who detains any other person, whether with or without his consent,—
(a) in any brothel, or (b) in or upon any premises with intent that such person
may have sexual intercourse with a person who is not the spouse of such person,
shall be punishable on conviction, with imprisonment of either description for a
term which shall not be less than seven years but which may be for life or for a
term which may extend to ten years and shall also be liable to fine:
Provided that the court may for adequate and special reasons to be mentioned in
the judgment, impose a sentence of imprisonment for a term which may be less
than seven years.
(2) Where any person is found with a child in a brothel, it shall be presumed,
unless the contrary is proved, that he has committed an offence under sub-
section (1).
(2-A) Where a child or minor found in a brothel, is, on medical examination,

detected to have been sexually abused, it shall be presumed unless the contrary
is proved, that the child or minor has been detained for purposes of prostitution
or, as the case may be, has been sexually exploited for commercial purposes.
(3) A person shall be presumed to detain a person in a brothel or in upon any
premises for the purpose of sexual intercourse with a man other than her lawful
husband, if such person, with intent to compel or induce her to remain there,—
(a) with holds from her any jewellery, wearing apparel, money or other property
belonging to her, or
(b) threatens her with legal proceedings if she takes away with her any jewellery,
wearing apparel, money or other property lent or supplied to her by or by the
direction of such person.
77 | P a g e
(4) Notwithstanding any law to the contrary, no suit, prosecution or other legal
proceeding shall lie against such woman or girl at the instance of the person by
whom she has been detained, for the recovery of any jewellery, wearing apparel
or other property alleged to have been lent or supplied to or for such woman or
girl or to have been pledged by such woman or girl or for the recovery of any
money alleged to be payable by such woman or girl.
7. Prostitution in or in the vicinity of public place.—(1) Any person who carries

on prostitution and the person with whom such prostitution is carried on, in any
premises:(a) which are within the area or areas, notified under sub-section (3),
or(b) which are within a distance of two hundred meters of any place of public
religious worship, educational institution, hotel, hospital, nursing home or such
other public place of any kind as may be notified in this behalf by the
Commissioner of Police or Magistrate in the manner prescribed, shall be
punishable with imprisonment for a term which may extend to three months.
(1-A) Where an offence committed under sub-section (1) is in respect of a child

or minor, the person committing the offence shall be punishable with
imprisonment of either description for a term which not be less than seven years
but which may be for life or for a term which may extend to ten years and shall
also be liable to fine:
Provided that the Court may, for adequate and special reasons to be mentioned
in the judgment, impose a sentence of imprisonment for a term of less than seven
years.
(2) Any person who:

(a) being the keeper of any public place knowingly permits prostitutes for
purposes of their trade to resort to or remain in such place; or
(b) being the tenant, lessee, occupier or person in charge of any premises
referred to in subsection(1) knowingly permits the same or any part thereof to be
used for prostitution; or
(c) being the owner, lessor or landlord of any premises referred to in sub-section
(1), or the agent of such owner, lessor or landlord, lets the same or any part
78 | P a g e
thereof with the knowledge that the same or any part thereof may be used for
prostitution, or is wilfully a party to such use.
shall be punishable on first conviction with imprisonment for a term which may
extend to three months, or with fine which may extend to two hundred rupees, or
with both, and in the event of a second or subsequent conviction with
imprisonment for a term which may extend to six months and also with fine,
which may extend to two hundred rupees, and if the public place or premises
happen to be a hotel, the license for carrying on the business of such hotel under
any law for the time being in force shall also be liable to be suspended for a
period of not less than three months but which may extend to one year:
17-A. Conditions to be observed before placing persons rescued under Section

16 to parents or guardians .—Notwithstanding anything contained in sub-section
(2) of Section 17, the magistrate making an inquiry under Section 17, may,
before passing an order for handing over any person rescued under Section 16 to
the parents, guardian or husband, satisfy himself about the capacity or
genuineness of the parents, guardian or husband to keep such person by causing
an investigation to be made by a recognised welfare institution or organisation.
18. Closure of brothel and eviction of offenders from the premises .—(1) A
Magistrate may, on receipt of information from the police or otherwise, that any
house, room, place or any portion thereof within a distance of two hundred
metres of any public place referred to in sub-section (1)of Section 7 is being run
or used as a brothel by any person, or is being used by prostitutes for carrying on
their trade, issue notice on the owner, lessor or landlord or such house, room,
place or portion or the agent of the owner, lessor or landlord or on the tenant,
lessee, occupier of, or any other person in charge of such house, room, place, or
portion, to show cause within seven days of the receipt of the notice why the
same should not be attached for improper use there of,and if, after hearing the
person concerned, the Magistrate is satisfied that the house, room, place or
portion is being used as a brothel or for carrying on prostitution, then the
Magistrate may pass orders,—
79 | P a g e
(a) directing eviction of the occupier within seven days of the passing of the
order from the house, room, place, or portion;
(b) directing that before letting it out during the period of one year or in a case
where a child or minor has been found in such house, room, place or portion
during a search under Section 15,during the period of three years, immediately
after the passing of the order, the owner, lessor or landlord or the agent of the
owner, lessor or landlord shall obtain the previous approval of the Magistrate;
20. Removal of prostitute from any place.—(1) A Magistrate on receiving

information that any person residing in or frequenting any place within the local
limits of his jurisdiction is a prostitute, may record the substance of the
information received and issue a notice to such person requiring her to appear
before the Magistrate and show cause why she should not be required to remove
herself from the place and be prohibited form re-entering it.19
THE INDECENT REPRESENTATION OF WOMEN

PROHIBITION ACT, 1986
( Let us go through some of the relevant part and sections of The Indecent
representation of women prohibition Act, 1986)20
An Act to prohibit indecent representation of women through advertisements or

in publications, writings, paintings, figures or in any other manner and for
matters connected therewith or incidental thereto.
2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “advertisement” includes any notice, circular, label, wrapper or other
document and also includes any visible representation made by means of any
light, sound, smoke or gas;
19
Immoral traffic prevention Act, 1956(https://legislative.gov.in)
The Indecent Representation of Women Prohibition, Act 1986 (https://legislative.gov.in)
20
80 | P a g e
(b) “distribution” includes distribution by way of samples whether free or
otherwise;
(c) “indecent representation of women” means the depiction in any manner of
the figure of a woman, her form or body or any part thereof in such a way as to
have the effect of being indecent, or derogatory to, or denigrating, women, or is
likely to deprave, corrupt or injure the public morality or morals;
(d) “label” means any written, marked, stamped, printed or graphic matter,
affixed to, or appearing upon, any package;
(e) “package” includes a box, carton, tin or other container;
(f) “prescribed” means prescribed by rules made under this Act.
3. Prohibition of advertisements containing indecent representation of

women.—No person shall publish, or cause to be published, or arrange or take
part in the publication or exhibition of, any advertisement which contains
indecent representation of women in any form.
4. Prohibition of publication or sending by post of books, pamphlets, etc.,
containing indecent representation of women.—No person shall produce or
cause to be produced, sell, let to hire, distribute, circulate or send by post any
book, pamphlet, paper, slide, film, writing, drawing, painting, photograph,
representation or figure which contains indecent representation of women in any
form:
Provided that nothing in this section shall apply to—

(a) any book, pamphlet, paper, slide, film, writing, drawing, painting,
photograph, representation or figure—
(i) the publication of which is proved to be justified as being for the public good
on the ground that such book, pamphlet, paper, slide, film, writing, drawing,
painting, photograph, representation or figure is in the interest of science,
literature, art, or learning or other objects of general concern; or
(ii) which is kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise represented on

or in—
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(i) any ancient monument within the meaning of the Ancient Monument and
Archaeological Sites and Remains Act, 1958 (24 of 1958); or
(ii) any temple, or on any car used for the conveyance of idols, or kept or used
for any religious purpose;
(c) any film in respect of which the provisions of Part II of the Cinematograph
Act, 1952 (37 of 1952), will be applicable.
5. Powers to enter and search.—(1) Subject to such rules as may be prescribed,

any Gazetted Officer authorised by the State Government may, within the local
limits of the area for which he is so authorised,—
(a) enter and search at all reasonable times, with such assistance, if any, as he
considers necessary, any place in which he has reason to believe that an offence
under this Act has been or is being committed;
(b) seize any advertisement or any book, pamphlet, paper, slide film, writing,
drawing, painting, photograph, representation or figure which he has reason to
believe contravenes any of the provisions of this Act;
(c) examine any record, register, document or any other material object found in
any place mentioned in clause (a) and seize the same if he has reason to believe
that it may furnish evidence of the commission of an offence punishable under
this Act:
Provided that no entry under this sub-section shall be made into a private
dwelling house without a warrant:
Provided further that the power of seizure under this sub-section may be
exercised in respect of any document, article or thing which contains any such
advertisement, including the contents, if any, of such document, article or thing,
if the advertisement cannot be separated by reason of its being embossed or
otherwise from such document, article or thing without affecting the integrity,
utility or saleable value thereof.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall,
so far as may be, apply to any search or seizure under this Act as they apply to
any search or seizure made under the authority of a warrant issued under section
94 of the said Code.
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(3) Where any person seizes anything under clause (b) or clause (c) of sub-
section (1), he shall, as soon as may be, inform the nearest Magistrate and take
his orders as to the custody thereof.
6. Penalty.—Any person who contravenes the provisions of section 3 or section
4 shall be punishable on first conviction with imprisonment of either description
for a term which may extend to two years, and with fine which may extend two
thousand rupees, and in the event of a second or subsequent conviction with
imprisonment for a term of not less than six months but which may extend to
five years and also with a fine not less than ten thousand rupees but which may
extend to one lakh rupees.
7. Offences by companies.—(1) Where an offence under this Act has been
committed by a company, every person, who, at the time the offence was
committed, was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly:21
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the offence was committed without
his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence
under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is attributable
to any neglect on the part of, any director, manager, secretary or other officer of
the company, such director, manager, secretary or other officer shall be
proceeded against and punished accordingly.
Explanation.—For the purposes of this section,— (a) “company” means any
body corporate and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
21
83 | P a g e
8. Offences to be cognizable and bailable.—(1) Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence
punishable under this Act shall be bailable.
(2) An offence punishable under this Act shall be cognizable.
9. Protection of action taken in good faith.—No suit, prosecution or other

legal proceeding shall lie against the Central Government or any State
Government or any officer of the Central Government or any State Government
for anything which is in good faith done or intended to be done under this Act.
10. Power to make rules.—(1) The Central Government may, by notification in

the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:—
(a) the manner in which the seizure of advertisements or other articles shall be
made, and the manner in which the seizure list shall be prepared and delivered to
the person from whose custody any advertisement or other article has been
seized;
(b) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act, shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session for a total period of
thirty days, which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that
rule.22
22
Sexual harassment of women at workplace Act, 2013(https://legislative.gov.in)
84 | P a g e
SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE ACT, 2013
( Let us go through some of the relevant part and sections of The Sexual
harassment of women at workplace Act, 2013)
An Act to provide protection against sexual harassment of women at workplace

and for the prevention and redressal of complaints of sexual harassment and for
matters connected therewith or incidental thereto.
WHEREAS sexual harassment results in violation of the fundamental rights of a

woman to equality under articles 14 and 15 of the Constitution of India and her
right to life and to live with dignity under article 21 of the Constitution and right
to practice any profession or to carry on any occupation, trade or business with
includes a right to a safe environment free from sexual harassment;
AND WHEREAS the protection against sexual harassment and the right to
work with dignity are universally recognised human rights by international
conventions and instruments such as Convention on the Elimination of all Forms
of Discrimination against Women, which has been ratified on the 25th June,
1993 by the Government of India;
AND WHEREAS it is expedient to make provisions for giving effect to the said
Convention for protection of women against sexual harassment at workplace.
2. Definitions.—In this Act, unless the context otherwise requires, —

(a) “aggrieved woman” means— (i) in relation to a workplace, a woman, of any
age whether employed or not, who alleges to have been subjected to any act of
sexual harassment by the respondent; (ii) in relation to dwelling place or house,
a woman of any age who is employed in such a dwelling place or house;
(b) “appropriate Government” means— (i) in relation to a workplace which is
established, owned, controlled or wholly or substantially financed by funds
provided directly or indirectly—
(A) by the Central Government or the Union territory administration, the Central
Government;
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(B) by the State Government, the State Government;
(c) “Chairperson” means the Chairperson of the Local Complaints Committee

nominated under sub-section (1) of section 7;
(d) “District Officer” means on officer notified under section 5;
(e) “domestic worker” means a woman who is employed to do the household
work in any household for remuneration whether in cash or kind, either directly
or through any agency on a temporary, permanent, part time or full time basis,
but does not include any member of the family of the employer;
(f) “employee” means a person employed at a workplace for any work on
regular, temporary, ad hoc or daily wage basis, either directly or through an
agent, including a contractor, with or, without the knowledge of the principal
employer, whether for remuneration or not, or working on a voluntary basis or
otherwise, whether the terms of employment are express or implied and includes
a co-worker, a contract worker, probationer, trainee, apprentice or called by any
other such name;
(g) “employer” means—
(i) in relation to any department, organisation, undertaking, establishment,
enterprise, institution, office, branch or unit of the appropriate Government or a
local authority, the head of that department, organisation, undertaking,
establishment, enterprise, institution, office, branch or unit or such other officer
as the appropriate Government or the local authority, as the case may be, may by
an order specify in this behalf;
(ii) in any workplace not covered under sub-clause (i), any person responsible
for the management, supervision and control of the workplace.
Explanation. —For the purposes of this sub-clause “management” includes the
person or board or committee responsible for formulation and administration of
polices for such organisation;
(iii) in relation to workplace covered under sub-clauses (i) and (ii), the person
discharging contractual obligations with respect to his or her employees;
(iv) in relation to a dwelling place or house, a person or a household who
employs or benefits from the employment of domestic worker, irrespective of
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the number, time period or type of such worker employed, or the nature of the
employment or activities performed by the domestic worker;
(h) “Internal Committee” means an Internal Complaints Committee constituted
under section 4;
(i) “Local Committee” means the Local Complaints Committee constituted
under section 6;
(j) “Member” means a Member of the Internal Committee or the Local
Committee, as the case may be;
(k) “prescribed” means prescribed by rules made under this Act;
(l) “Presiding Officer” means the Presiding Officer of the Internal Complaints
Committee nominated under sub-section (2) of section 4;
(m) “respondent’ means a person against whom the aggrieved woman has made
a complaint under section 9;
(n) “sexual harassment” includes any one or more of the following unwelcome
acts or behavior (whether directly or by implication) namely:—
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual
nature;
3. Prevention of sexual harassment.—(1) No woman shall be subjected to

sexual harassment at any workplace. (2) The following circumstances, among
other circumstances, if it occurs, or is present in relation to or connected with
any act or behavior of sexual harassment may amount to sexual harassment:—
(i) implied or explicit promise of preferential treatment in her employment; or

(ii) implied or explicit threat of detrimental treatment in her employment ; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile
work environment for her; or
(v) humiliating treatment likely to affect her health or safety.
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7. Composition, tenure and other terms and conditions of 2[Local
Committee].—(1) The 2[Local Committee] shall consist of the following
members to be nominated by the District Officer, namely: —
(a) a Chairperson to be nominated from amongst the eminent women in the field
of social work and committed to the cause of women;
(b) one Member to be nominated from amongst the women working in block,
taluka or tehsil or ward or municipality in the district;
(c) two Members, of whom at least one shall be a woman, to be nominated from
amongst such non-governmental organisations or associations committed to the
cause of women or a person familiar with the issues relating to sexual
harassment, which may be prescribed:
Provided that at least one of the nominees should, preferably, have a background
in law or legal knowledge: Provided further that at least one of the nominees
shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or
the Other Backward Classes or minority community notified by the Central
Government, from time to time;
(d) the concerned officer dealing with the social welfare or women and child
development in the district, shall be a member ex officio.
INDIAN PENAL CODE, 186023

( Let us go through some of the relevant part and sections of The Indian
Penal Code, 1860 2013)
23
Indian penal code. 1860 (https://legislative.gov.in),
. Subs. by Act 4 of 1898, s. 2, for section 4.
10. Subs. by the A.O. 1950, for cls. (1) to (4).
11. Ins. by Act 10 of 2009, s. 51 (w.e.f. 27-10-2009).
12. Subs. by s. 51, ibid., for the Explanation (w.e.f. 27-10-2009
88 | P a g e
Preamble.—WHEREAS it is expedient to provide a general Penal Code for
2[India]; It is enacted as follows:—
1. Title and extent of operation of the Code.—This Act shall be called the
Indian Penal Code, and shall 3[extend to the whole of India 4[except the State of
Jammu and Kashmir]].
2. Punishment of offences committed within India.—Every person shall be
liable to punishment under this Code and not otherwise for every act or omission
contrary to the provisions thereof, of which he shall be guilty within 5[India]
6****.
3. Punishment of offences committed beyond, but which by law may be
tried within, India.—
Any person liable, by any 7[Indian law], to be tried for an offence committed
beyond 8[India] shall be dealt with according to the provisions of this Code for
any act committed beyond 8[India] in the same manner as if such act had been
committed within 5[India].
9[4. Extension of Code to extra-territorial offences.—The provisions of this
Code apply also to any offence committed by—
10[(1) any citizen of India in any place without and beyond India;
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(2) any person on any ship or aircraft registered in India wherever it may be.]
11[(3) any person in any place without and beyond India committing offence
targeting a computer resource located in India.]24
12[Explanation.—In this section—(a) the word “offence” includes every act
committed outside India which, if committed in India, would be punishable
under this Code; (b) the expression “computer resource” shall have the meaning
assigned to it in clause (k) of sub-section (1) of section 2 of the Information
Technology Act, 2000 (21 of 2000);]
1[Illustration]
2***A, 3[who is 4[a citizen of India]], commits a murder in Uganda. He can
be tried and convicted of murder in any place in 5[India] in which he may be
found.
24
Indian penal code. 1860 (https://legislative.gov.in),
1. The Indian Penal Code has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and has been
declared in force
in—
Sonthal Parganas, by the Sonthal Parganas Settlement Regulation 1872 (3 of 1872) s. 2;
Panth Piploda, by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2 and the Sch.;
Khondmals District, by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and the Sch; and
Angul District, by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and the Sch.
It has been declared under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following
Scheduled Districts, namely: the United Provinces Tarai Districts, see Gazette of India, 1876, Pt. I, p. 505; the
Districts of
Hazaribagh, Lohardaga [now called the Ranchi District, see Calcutta Gazetta, 1899, Pt. I, p. 44] and Manbhum and
Pargana Dhalbhum and the Kolhan in the District of Singhbum—see Gazette of India, 1881, Pt. I, p. 504.
It has been extended under s. 5 of the same Act to the Lushai Hills—see Gazette of India, 1898, Pt. II, p. 345.
The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch; to Dadra and Nagar Haveli
by Reg. 6
of 1963, s. 2 and Sch. I.; to Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I and to Lakshadweep by Reg. 8 of 1965,
s. 3 and Sch.
2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3
and the Sch.,
to read as above.
3. The Original words have successively been amended by Act 12 of 1891, s. 2 and Sch. I, the A.O. 1937, the A.O.
1948 and the A.O. 1950 to read as above.
Https://devgan.in/ipc/section/354
4. Subs. by Act 3 of 1951, s. 3 and the Sch., for “except Part B States”.
5. The original words “the said territories” have successively been amended by the A.O. 1937, the A.O. 1948, the
A.O 1950 and
Act 3 of 1951, s. 3 and the Sch., to read as above.
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Basically assault on women is defined under Section 354 to 354 D of the
Indian Penal Code, 1680. And hence let us go through those sections of
Indian Penal code, 1860.
SECTION 354
Assault or criminal force to woman with intent to outrage her modesty.—

Whoever Assaults or uses criminal force to any woman, intending to outrage or
knowing it to be likely that he will there by outrage her modesty, 1[shall be
punished with imprisonment of either description for a term which shall not be
less than one year but which may extend to five years, and shall also be liable to
fine].
SECTION 354 A2526
25
26
A.O 1950 and
6. The words and figures “on or after the said first day of May, 1861” rep. by Act 12 of 1891, s. 2 and the First Sch.
7. Subs. by the A.O. 1937, for “law passed by the Governor General of India in Council”.
91 | P a g e
Sexual harassment and punishment for sexual harassment.—(1) Aman
committing any of the following acts—
(i) physical contact and advances involving unwelcome and explicit sexual
overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or
clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a
term which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1)
shall be punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.
SECTION 354 B
Assault or use of criminal force to woman with intent to disrobe.—Any man
who assaults or uses criminal force to any woman or abets such act with the
intention of disrobing or compelling her to be naked, shall be punished with
imprisonment of either description for a term which shall not be less than three
years but which may extend to seven years, and shall also be liable to fine.
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Whoever assaults or uses criminal force to any person, intending thereby to
dishonour that person, otherwise than on grave and sudden provocation given by
that person, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
Hence Any man who assaults or makes the use of criminal force on any woman
or abets such act with the intention of disrobing or compelling her to be naked,
shall be punished with imprisonment of either description for a term which shall
not be less than three years but which may extend to seven years, and shall also
be liable to fine.
SECTION 354 C
VOYEURISM
Any man who watches, or captures the image of a woman engaging in a private
act in circumstances where she would usually have the expectation of not being
observed either by the perpetrator or by any other person at the behest of the
perpetrator or disseminates such image shall be punished on first conviction with
imprisonment of either description for a term which shall not be less than one
year, but which may extend to three years, and shall also be liable to fine, and be
punished on a second or subsequent conviction, with imprisonment of either
27
A.O 1950 and
6. The words and figures “on or after the said first day of May, 1861” rep. by Act 12 of 1891, s. 2 and the First Sch.
7. Subs. by the A.O. 1937, for “law passed by the Governor General of India in Council”.
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description for a term which shall not be less than three years, but which may
extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purpose of this section, “private act” includes an act of
watching carried out in a place which, in the circumstances, would reasonably be
expected to provide privacy and where the victim's genitals, posterior or breasts
are exposed or covered only in underwear; or the victim is using a lavatory; or
the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.—Where the victim consents to the capture of the images or any
act, but not to their dissemination to third persons and where such image or act is
disseminated, such dissemination shall be considered an offence under this
section.
28
SECTION 354 D
STALKING
Stalking.—(1) Any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster
personal interaction repeatedly despite a clear indication of disinterest by such
woman; or (ii) monitors the use by a woman of the internet, email or any other
form of electronic communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued
it proves that—
28
A.O 1950 and
94 | P a g e
(i) it was pursued for the purpose of preventing or detecting crime and the man
accused of stalking had been entrusted with the responsibility of prevention and
detection of crime by the State; or (ii) it was pursued under any law or to comply
with any condition or requirement imposed by any person under any law; or (iii)
in the particular circumstances such conduct was reasonable and justified (2)
Whoever commits the offence of stalking shall be punished on first conviction
with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine; and be punished on a second or subsequent
conviction, with imprisonment of either description for a term which may extend
to five years, and shall also be liable to fine.
29
CHAPTER SIX
CASE STUDY
Suryanelli Rape Case, Kerala 1996 30

(A brief discussion )
Point of discussion in Suryanelli Rape Case, Kearala 1996 is the condition in
which a rape survivor becomes a victim….
29
Https://devgan.in/ipc/section/354 1. Subs. by Act 13 of 2013, s. 6, for “shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both” (w.e.f. 3-2-2013).
2. Ins. by s. 7, ibid. (w.e.f. 3-2-2013).
30
https://kractivist.wordpress.com/2013/03/17/india-when-rape-survivor-becomes-victim-vaw-gender-justice-
mustread/
95 | P a g e
In the agenda of feminist concerns and women empowerment in rape
discourses, there is a constant demand for a shift in nomenclature from 'rape
victim' to 'rape survivor.' A thorough study of analytical data and public
discourses, however, reveals the painful maintenance of layers of violence that
follow rape and sexual assault, in addition to the feminist interest in surviving
rape. The Suryanelli girl has survived rape and assault, but the violent
experience of life after rape perpetuated by patriarchal societal structures leaves
her at the receiving end of a system that actively alienates, humiliates, and
mentally pursues her.
There are mainly two types of discourses that circulate frequently when referring
to and addressing the Suryanelli rape case. The first is the crime's validity, with a
profoundly biassed and unsympathetic legal framework attempting to present the
girl as a continuous victim subject for whom justice is nearly impossible to get,
mediated through parallel governmental infrastructure, including police
enforcement. The impossibility of justice (insaaf) is not the purpose of the legal /
law and justice machinery, but it results from the working forces of judgments,
prosecution stances, law enforcement offices and bodies such as police stations
and officers, and issues of proof, alibis, and so on.
The second and most significant discourse is the moral discourse, which is
extremely prejudiced and unfriendly to the survivor and cheerfully tells the
narrative of the fallen girl who was punished for her transgression, thereby
teaching all women in society a lesson. This discourse is being transmitted via
the specifics of the rape case, but with the purpose of forming a bigger field of
reprimands, recommendations, and moral lessons for every woman who breaks
the unwritten norms of conduct. Both discourses place the victim and her terrible
experiences outside of the area of address, which stems from a clear goal to
control and exploit female sexuality. Alternatively, the moral sphere influences
and manipulates the processes of the legal discourse, as evidenced by the high
court's decision to release all of the defendants in the Suryanelli case.
Suryanelli Rape Case Facts
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The Suryanelli rape case, which occurred in 1996 in the state of Kerala (India),
includes the kidnapping, severe abuse, and rape of a sixteen-year-old schoolgirl
who was abducted and carried to several locations in Kerala by 42 men from all
walks of life and ages. She was subjected to harsh and heinous kinds of sexual
abuse and violence between January 16 and February 26. The survivor listed
numerous high-profile politicians and professionals as assaulters, including
Congress leader and current Rajya Sabha Deputy Chairperson PJ Kurien,
however they were not included in the charge sheet due to a lack of
evidence. Sukumaran Nair, an office holder of the Nair Service Society, issued a
statement in favour of P J Kurien, claiming that Kurien had seen him at the
office around the time of day mentioned by the girl. In September of 2000, the
special court for sexual assault found 35 of the defendants guilty and sentenced
them to harsh imprisonment and punishment. However, in 2005, on the basis of
an appellatio (appeal) filed against this conviction, the High Court of Kerala
acquitted all of the convicts and sentenced just one, the third accused, to five
years in prison. The public, which had previously shunned her, now had the
perfect tool to highlight its moral judgement on the youngster. The ruling
validated the innuendos peddled by numerous popular Malayalam publications.
The girl was detained in 2012 for an alleged financial irregularities issue in the
workplace where she worked. The girl's attorneys claim that entrenched interests
set her up as her case was about to be heard in the Supreme Court. The Supreme
Court has directed the High Court to re-examine the matter, concluding that the
High Court's decision was legally faulty. It should be emphasised that this is
predicated on an appeal filed by the Kerala Government against the High Court
decision, which has been lingering for about seven years. Another development
in the case is the arrest of the only convicted accused in the Suryanelli case who
had jumped bail earlier, making a statement that the deputy chairman of the
Rajya Sabha, P.J Kurien, was involved in the case and that he personally took
Kurien to the Guest house mentioned by the girl. Following this revelation, there
have been widespread calls to re-open the case and add Kurien on the list of
those charged.
Justice delayed:
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The 17-year wait in judicial proceedings has added to the girl's immense misery
and communal ostracism. The way law enforcement officers
handled/mishandled the case, the survivor being moved from place to place as
part of the investigation and medical examination, and some Malayalam dailies
making sensational stories out of a sixteen-year-old who was brutally raped by
42 men all contribute to the legal injustice done to her. The print media, which
followed her situation through intricate stories, lauded her as a spicy component
of a sex-starved culture as a permanent show for the wants of a sex-starved
society.
The fact that seventeen years have gone and the crime perpetrated against a
sixteen-year-old has still been denied justice demonstrates the inadequacies of
the country's judicial system. It should be highlighted that the outpouring of
criticism from feminist organisations on the delay in sexual assault cases in the
aftermath of the Delhi rape has led in a prompt resolution of the Suryanelli
appeal. Now, the delay in justice has resulted in many things: the sixteen-year-
old girl has lived seventeen years of humiliation at the hands of a rigid moral
society, the girl has been constantly chased and hunted down by a group of
accused in a defensive mode, and the entire family is subjected to social stigma
because of the rape survivor.… The story goes on. Will all of these be legal
problems when examining the case?
Double standards of print journalism:
"Malayala Manorama, the major Malayalam daily, began the tales in a

melodramatic manner, similar to a soap opera, and presented her in the
customary victim's attire at first." Initially, she was referred to as the Munnar
girl, and the subject was covered on the top page of the local newspaper.
(Malayala Manorama, March 19th) Titles such as "forty days, forty beasts"
heightened the theatrical effect. However, beginning on April 2, 1996, the
newspaper's stance shifted. Surprisingly, the probe went to political leaders and
professionals around this time. College teachers like Jacob Mathew and
98 | P a g e
Congress leader P.J Kurien were implicated during this phase of the probe
despite not being on the list of suspects. At this moment, Malayala Manorama
noticed a difference in the girl's account. The front page of the April 3, 1996
issue of the daily included a cartoon named Agniputri, which depicted a girl
holding a list of UDF candidates and someone in the background addressing her
as comrade, leading her to halt and grieve after reading aloud each name on the
list. This was the most normalised type of sexism that Kerala society tolerated
without complaint. Manorama broke all decencies of journalism etiquette and
human considerations while striving to protect P.J Kurien and others connected
to the Catholic Church”
Violence of public discourses:
When dealing with a rape suspect, recourse to family and sympathy are
frequently refused. P.J Kurien's wife makes a public statement in which she
laments her condition and that of her two girls, who are greatly harmed by the
image tarnishing that occurs. Presenting her spouse as a victim of entrenched
interests, she encourages feminists to take her family into account in this game
of political lobbying. Along the same lines, moral statements about the girl's
character emerge. Sudhakaran, a Kerala Congress official, believes there should
be a distinction between prostitution and rape charges, and that the victim in the
Suryanelli case had a doubtful character. He also mentions that individuals who
support the girl should consider Kurien to have a family. This support for
Kurien's family now stems from a skewed perspective on family and sexuality.
This discourse becomes problematic because it reveals the moral foundations on
which rapes have historically been debated in India. More than rape, the breach
of family values is becoming a source of worry. The survivor is denied the same
concern by labelling her as morally aberrant. As a result, the Suryanelli girl's
family should suffer since she is deviant, capable of lying, and has an unpleasant
personality. The dual logic of sexual promiscuity and sexual chastity contributes
to the rape's trivialization, making the survivor the worthy body against whom
the crime can be committed. The duality of the wicked mind mirroring the cruel
body aid in rationalising the victim's isolation and creating sympathy for the
guilty. Why is it that when a normal family bonding and honour become a need
99 | P a g e
to receive justice, the victim is denied the same care and justice? The double
standards of this discourse adequately justify Arundhati Roy's attitude to the
Delhi rape, which she attributes to the fact that it plays into our perceptions of
the criminal poor: the rickshawallah and the vegetable vendor…The early days
of the Suryanelli investigation evoked sympathy for the victim, as the inquiry
progressed via the participation of the bus cleaner, the fruit seller, the police
constable, and other images that fit our ideal of the perfect criminal. When
upper-middle-class, aristocratic Syrian Christians, and political leaders emerged
in the picture, these inclinations were reversed. The sympathisers abandon her,
she becomes a prostitute, and allusions turn to her lack of dependability as a
character.
Many Victims in Sex Scams Awaiting Justice31
31
https://www.newindianexpress.com/cities/kochi/2014/feb/15/Many-Victims-in-Sex-Scams-Awaiting-Justice-575992.html
Cortesy Indian Express
100 | P a g e
32
The legal discourse:
The Suryanelli case is likewise an example of a rape case that was contested for
many years (about seventeen years) and ultimately failed. As in the case of
Mathura and other controversial apex court judgements, the Suryanelli
judgement raises concerns about the criminal justice system's negligent and
insensitive operation. The ruling tries hard to establish that the girl's allegations
are untrue, citing a previous instance of her lying about the hostel cost of 450
rupees and squandering it, as well as an attempt on her behalf to pawn her
necklace. These are the fundamental assumptions upon which the girl's
assertions have been validated. While addressing the distinction between rape
and consenting sex, the ruling reads: “When we read the evidence of PW3, we
have to be cognizant of her psyche- her mental makeup. Her past conduct and
behavior have to be borne in mind. She was only a student of 9th standard. She
had squandered Rs. 450/- entrusted to her by her father for remitting hostel
fees……That piece of conduct is admitted by her… a school girl will always be
obliged to account when hostel fee is not remitted. She was prepared to take that
risk. Added to this is, as suggested by the counsel for the appellants that she was
32
https://www.deccanchronicle.com/opinion/op-ed/260217/suryanelli-rape-case-time-cant-end-this-ostracisation.html
Article by Sherin B.S.
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even courageous enough to approach a jeweler for pledging an ornament of
hers which her parents had given her to wear, meaning thereby that she had
much capability of courage of even withstanding a question by her parents as to
the loss of such ornament. She admitted during the evidence that she had done
so. So this gives indications about the conduct and mental makeup of PW3. …
She was not a normal innocent girl of that age. She was a different person. The
peculiarity in her personality must realistically be borne in mind. The evidence
of a person of her age with such a conduct certainly has to be viewed seriously
and with caution. A court cannot meekly swallow her version. It requires serious
critical assessment.” (pp. 42-43)
The fact that the crucial question of whether sexual acts of violence on a ninth-
grade student by 42 men over a 40-day period were consensual or not is arrived
at on the basis of these two previous instances demonstrates the judgment's non-
empathetic and inhuman impulses, leading to the contention that the prosecution
failed to prove the absence of consent. Rather, the ruling says that the refusal
expressed by the girl currently before the court is an explanation devised by her
to save her face in the family and among relatives for her forty-day departure
from her home. During the 40 days of sexual abuse, the Bench discovers
different places for the girl to escape her attackers, such as the bus stop, the
doctor's office, lodges, and so on. The consideration extended to the accused in
relation to corroborative evidences or circumstances is denied to the girl, where
her age, intimidated psyche, physical and mental agony of violence she was
enduring were not sufficient reasons for the Bench to decide that the ninth-grade
girl could not plan an escape. With a clear conscience, the decision rules out the
possibility of using the standard technique to assessing the evidence of a rape
victim.
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33
Justice Basant's concurring statements bemoaning the inability to raise the

consenting age for sexual intercourse to 18 are a pitiful rationalisation for such
an unfeeling decision. Not only does this observation reduce the entire issue of
sexual violence on the survivor to the confluence of sexual consent between
those two years, but it also introduces binaries of sexual assault experience
before 18 after 18, before sixteen after 16, and so on. The outcome of such
limited and skewed thinking would be to shift the attention away from the
intensity of the violence and the harm done to the victim's mental state while
creating or not producing consent. The double standards and heavy moral
weightage of this observation are revealed in the following paragraphs, where he
discusses the young girl who succumbed to the temptations of a consumerist
society, as well as the consequences of not being groomed in the proper
environment with a proper value system. The comment goes so far as to argue
that such children can be labelled as deviants, but they cannot just be condemned
and abandoned to their fate. The implications are that the Suryanelli rape
survivor is a deviant, that her parents were unable to raise her in a healthy
environment, and that this is why she consented to sexual crimes on her body by
forty-two men for forty days. And the suggestion concludes with a call for a
legislative reform.
33
https://www.deccanchronicle.com/opinion/op-ed/260217/suryanelli-rape-case-time-cant-end-this-ostracisation.html,
103 | P a g e
This is a simple technique of washing one's hands and shrugging off one's duties.
The continual need to show her evidence untrue overthrows and undermines this
claim to impartial justice. The lack of responsibility of the law to female
residents, as well as the sexist emotions of the arbitrators, are reflected in the
Suryanelli case. Justice Basant's recent statements on the girl's character
illustrate the biases that underpin the decision.34
Paradoxes in Kerala’s modernity:
The recurrence of the Suryanelli issue in Kerala's public arena demonstrates

flaws in Kerala's idea of modernity. While the state makes a ponderous claim to
cultural elitism and contemporary awareness in terms of literacy rates, living
standards, health care, and, most all, the pervasiveness of political politics and
public thought, the sexism observed in this state is rather hilarious. Misogyny
and moral policing pervade all aspects of society, affecting all types of political
thought in the state to varying degrees. In terms of sexism, no other Indian state
can compare to Kerala in terms of how feminists and women's movements have
been referred to, female political party leaders have been tarnished, and work
environments and other public areas have alienated women.
The recent remark of a college teacher at a public function sponsored by the

Kerala government aimed at women's empowerment that it only takes ten
minutes for a man, including him, to insert sperm into a woman's uterus and then
it is up to the woman to carry the child for the next ten months reveals the
underlying layers of prejudice, violence, and misogyny in Kerala. In such a
public space, many stories about the Suryanelli survivor grow, making her a
titillating item for the consumption of Kerala's sex-starved male mind. The
country's main political party had no reservations about allowing a rape suspect
to preside over Rajya Sabha sessions on gender justice and the prevention of
sexual violence against women. The desire was to help him rather than the
survivor. As in many other incidents, the survivor and her family have suffered
enough as a result of the big political parties' severe political prejudice. Will
there be a provision in the re-examination of the case to address the irreparable
34
https://www.deccanchronicle.com/opinion/op-ed/260217/suryanelli-rape-case-time-cant-end-this-ostracisation.html
104 | P a g e
harm done to a rape survivor and her family in terms of mental, physical, and
emotional harassment over the previous seventeen years? Who would choose to
be in this situation if this is what it means to survive a rape?
CHAPTER SEVEN
DISCUSSION, CONCLUSION & REFERENCES
DISCUSSION
The purpose of this study is to obtain in-depth interviews and ferret out central
themes of how outside factors affected the victim herself, how these aspects
influenced her perception of herself, and which factors she believes had the most
significant impact on her re-victimization or non-re-victimization. The present
study suggests that the overall attitudes and behaviors of a sexual assault victim
determines whether she views herself as a victim or survivor which significantly
impacts the likelihood of her re-victimization. Previous research demonstrates
that various characteristics associated with a woman viewing herself as a victim
predispose her to re-victimization; whereas the characteristics associated with a
woman viewing herself as a survivor insulate her from re-victimization.
The findings of the interviews with the 20 women are consistent with the
findings in the research discussed in the literature review section and shed an
important light on the two research questions which are directly related to the
relationship between re-victimization and victim/survivor status. 1) Is a woman
with a survivor mentality of her sexual assault protected from re-victimization?
2) Is a woman with a victim mentality of her sexual assault vulnerable to re-
victimization?
The first research question is related to the survivor mentality and if it protects
the woman from being re-victimized. The results of this research suggest that a
survivor mentality does protect the woman from re-victimization. A woman with
a survivor mentality takes control of the circumstances of her life, creates a
meaning out of her experiences, participates in her own healing, has hope, and is
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equipped with choice. None of the women who had a survivor mentality were
re-victimized. All 17 of the women with a survivor mentality (including those
who transformed from a victim mentality) were not re-victimized. Sixteen
women had a victim mentality and were re-victimized; however, the majority of
women developed survivor thoughts and were not re-victimized after they
embraced a survivor mentality. Even though a woman may have had a victim
mentality and was re-victimized, the study showed that a change in the thought
process is possible after the re-victimization. A woman was often able to
embrace a survivor mentality and was then not re-victimized after that change in
mentality. The second research question is related to the victim mentality and if
it makes the woman become vulnerable to re-victimization. The results of this
research suggest that a victim mentality does make a woman more vulnerable to
re-victimization. There were numerous positive consequences as a result of
being sexually assaulted; however, there were significantly more negative
consequences. These negative consequences often had a more profound effect on
the woman. A woman with a victim mentality allows things to happen to her, is
powerless, hopeless, passive, has a lack of agency in the circumstances of her
life, and/or feels worthless. Three women who had a victim mentality were not
re-victimized and 27 re-victimizations occurred among the women when they
had victim mentalities. Three of the women had a victim mentality at the time of
the interview but had not been recently re-victimized. Mabiha had a
circumstance that set her apart from the other women. Mabiha had a victim
mentality after she was sexually assaulted when she was young. Mabiha grew up
and became more mature before she was assaulted again and in her adulthood
developed more control and ability to think things through. Although she had a
victim mentality and was not assaulted, she developed a survivor mentality later
on in life and she was protected from re-victimization. Bilquis, who was
sexually assaulted by her step-father and raped by her husband, described herself
as “still here” and lacked agency in her own circumstances in her life. Gayatri,
another person with a victim mentality, said she has not been careful and is not
sure why she hasn’t been sexually assaulted again; however, it may be because
she has not gone on any dates in the last year. Prajakta was the other woman
106 | P a g e
with a victim mentality that had not been re-victimized; however, I interviewed
her only a few weeks after her most recent victimization.
CONCLUSION
Previous research had studied re-victimization and one specific other factor;
however, none of the research did a comprehensive study involving all of the
factors included in this study and how that leads to a woman’s perception of
herself whether it is as a survivor or as a victim. Additionally, previous research
did not connect how a victim mentality or a survivor mentality affected whether
or not a woman was re-victimized. The purpose of the study was to fill in the
gap where research was lacking. This study explored the important combined
factors that are common in women who have experienced re-victimization and
how she views herself as a victim or a survivor. The following factors were used
to gain a better understanding of a woman’s victim mentality or survivor
mentality: social support, self-blame, social reactions, substance use, alcohol
use, risk taking behavior, risky sexual behavior, acknowledgment status, PTSD
symptoms, and coping strategies. I conducted 20 interviews with 20 women who
have previously been raped or sexually assaulted on one or more than one
occasion. All of the women had negative consequences of the assault, such as
low self-esteem, promiscuity, sexual remission, insecurity, and self-blame. In
general, these negative consequences lead to a victim mentality. Some women
were able to find positive consequences resulting from the sexual assault, such
as becoming a better mother, being more aware of her surroundings, or they
were able to keep others from getting assaulted or helping them through it if they
were assaulted. The ability to find positive consequences allowed many women
to develop a survivor mentality. The women with a victim mentality were re-
victimized and the women with a survivor mentality were not re-victimized.
This research suggests that a survivor mentality protects a woman from re-
victimization and a victim mentality makes her vulnerable to re-victimization.
Because of the rather small sample size, the information was able to be managed
and analyzed by me. With a larger sample of participants and the many
variables, it might be advantageous for future researchers to explore the use of
107 | P a g e
the many options available today for qualitative research and analysis, such as
The SAGE Qualitative Research Kit. The fact that the present research sample
was small made the need for such a tool not as critical. This research largely fills
the void in current research, which was lacking a connection between the various
factors leading to re-victimization. However, future research should continue to
be done in the area of survivor and victim mentality. This is a qualitative study
where I conducted in-depth interviews with a small sample size. This area of
study would benefit from having a quantitative research study conducted with a
significant participant pool.
pathways study on the victim's transition from victim to survivor would be

extremely insightful into the reasons why a woman transitions into a survivor
mentality. Another beneficial area of research would be for male victims of
sexual assault, how a victim or survivor mentality affects them, and if the victim
or survivor mentality leads to re-victimization or becoming a perpetrator.
Based on the information discovered through the interviews and analysis, many
programs and policies can be developed to prevent or lessen the amount of re-
victimization that occurs. Early counselling for women who have been
victimized would be beneficial in decreasing re-victimization as it can lead
women to adapting a survivor mentality rather than a victim mentality.
Discussions with elementary age children about appropriate touching from

adults would likely teach children what is and what is not appropriate. If
children are victimized at a young age, they may begin to normalize
inappropriate touching by adults. Aamina, who was assaulted three times before
she was 11 years old, played with her Barbie dolls and made them act out sex
scenes. These types of behaviors display a concept that normalizes sex at a
young age. Parents and/or schools should discuss appropriate and inappropriate
touching. It could create an opportunity for a child to understand that a
relationship is not appropriate and want to speak out about that relationship. It
could also prevent a child from being sexually assaulted through them learning
that certain touching is inappropriate. Early discussion has the potential to help a
108 | P a g e
child from being sexually assaulted, but it also has the potential to help a child
from becoming a perpetrator later on in life. The early discussion could also
prevent children from learning bad behaviors from role models in their lives.
Children may witness sexual, physical, or emotional abuse on a daily basis and
they may begin to perceive it as acceptable behavior. Once those behaviors are
accepted they may adapt those unacceptable behaviors for themselves.
Discussing appropriate touching and appropriate behavior toward others could
prevent a child from becoming a perpetrator.
Support systems or groups, especially a group where the woman could remain
anonymous and feel safe in sharing her feelings, should be created to help
women develop a survivor mentality. These support systems should have the
same rules of confidentiality and acceptance as Alcoholics Anonymous or
Narcotics Anonymous. Self-defense classes where women are taught how to
walk and talk and act with confidence should be implemented in schools or after
school programs. If women learn how to walk and talk with confidence, they
will not look like prey to a predator and it will decrease the number of women
who are re-victimized. Sexual assault service programs often have advocates
who arrive at the hospital after a woman is raped or sexually assaulted. The
sexual assault service programs should focus on spending more time with the
women who were assaulted and providing counseling services more quickly to
help the women develop the survivor mentality sooner rather than later. Every
day a woman has a victim mentality is another day she is more likely to be re-
victimized. Though this research focuses on the person who was sexually
assaulted, there are policy implications that can be drawn, which focus on the
perpetrator. Related to the previous suggestion of discussing appropriate
touching, classes could be given to grade level students where they discuss
appropriate types of behavior in relationships and when a relationship is not a
healthy relationship and how to end unhealthy relationships. Often children
develop behaviors from observing their parents' relationships and adapting those
behaviors for themselves. If we are able to educate people (for this particular
study, it is males), how to treat their significant other and/or women in general, it
may prevent a person from adapting unhealthy behaviors. In addition to
109 | P a g e
preventing perpetrators, implications can be drawn for perpetrators who have
already been arrested and sentenced as perpetrators. Though it would be ideal, it
is unrealistic to believe that all perpetrators can change their ways. However, it
is realistic to believe that some perpetrators can change their ways. If one
perpetrator changes his ways and does not assault again, the program would be
successful. Perpetrators that have been sentence should be required to attend
classes that educate them on how to treat others, deal with anger management,
and divert the urge to commit sexual assault into a different, healthier behavior.
For those perpetrators that continually sexually assault others, there should be
harsher prison sentences and more significant restitution requirements. In recent
months, California has passed a bill which attempts to combat the significant
amount of sexual assaults that occur on college campuses. It is often referred to
as the "Yes Means Yes" bill. This law affects college state funding and will not
allow the college to receive state funds if they do not adhere to these new policy
implications. It changes the definition of sexual consent to require "an
affirmative, conscious, and voluntary agreement to engage in sexual activity" by
all persons involved (Student Safety: Sexual Assault of 2014). The policy states
that the complainant cannot consent if he/she is asleep or unconscious, under the
influence of drugs, alcohol, or medication, or is unable to communicate due to a
mental or physical condition. Additionally, the standard for determining guilt of
the accused is the preponderance of the evidence which is a lower level of
certainty than beyond a reasonable doubt (the standard for determining guilt in a
court of law). Though this bill has negative and positive aspects, it demonstrates
that the public and lawmakers are aware of the ongoing issue and prevalence of
sexual assault in our community and are making an effort to effect positive
change (Student Safety: Sexual Assault of 2014).
110 | P a g e
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A DISSERTATION ON

“WOMEN AS A VICTIM OR AS A SURVIVOR”

CHHATRAPATI SHIVAJI MAHARAJ UNIVERSITY

IN THE PARTIAL FULFILMENT OF THE AWARD OF THE DEGREE OF

UNDER THE SUPERVISION OF

PANVEL, NAVI MUMBAI 410216

I declare that this dissertation / project work titled "women as a victim or as a

I further declare and assert that, to the best of my personal knowledge,

Date: Researcher Name: Kazi Mohammad Junaid

Place: Enrollment Number: 204111181409

It is certified that this dissertation / project work entitled as “Women as victim

To the best of my knowledge and belief this thesis

I. Embodies the work of candidate himself,

II. Has duly been completed,

DATE: SIGNATURE OF THE SUPERVISOR

PLACE: DR. AVANI MISTRY

I express unequivocal thanks to God for providing me courage to complete the

I would like to express my sincere gratitude and thanks to my visionary research

RESEARCHER NAME: MR. KAZI MOHAMMAD JUNAID.

ENROLMENT NO: 204111181409.

ABBREVIATIONS FULL FORMS

u/s Under section

AIR All india reporter

SCC Supreme court cases

FGM Female genital mutilation

PIL Public interest litigation

ATSA Association for the treatment of sexual

CDC Center for disease control and prevention

WHO World health organization.

POCSO Protection of children from sexual

WHO World health organization.

NCBI National center for biotechnology

IPS Indian police service.

IAS Indian Administrative service.

Cr.P.C. Criminal procedure code.

IAF Indian Air Force.

1. Madhu kishwar & Ors. Etc Vs State of Bihar & Ors.

2. State of Maharashtra Vs Bharat Shanti Lal Shah & Ors.

4. Tukaram and Arr Vs State of Maharashtra.

5. Prabhakar Mohite and Anr Vs The State of Maharashtra and Anr.

6. Nishanth harishchandra salvi Vs The State of Maharashtra.

7. Mukherjee Vs Vodafone Essar Ltd & Ors.

8. Rohit Vedpaul Kaushal Vs State of Maharashtra & Ors.

9. Bhiku Tukaram Jadhav Vs The State of Maharashtra.

10. Usha Badri Poonawalla Vs K. Kurien Babu.

11. Suryanelli Rape Case Kerala 1996.

12. State of Maharashtra Vs Rajendra J Gandhi.

13. Roshni Manoj Patil Vs State Of Maharashtra.

15. Ajay katara Vs State of UP and Anr.

16. Rupeshwar Tanti Vs State of Assam.

17. Tarunjit Tejpal Vs the State of Goa.

18. Prof. P.J. Kurien Vs State of Kerala.

19. State Vs Shiv Kumar Yadav.

2. Protection of women from domestic violence, Act.

3. The Hindi Widow remarriage Act, 1856.

4. Hindu women right to property Act, 1937.

5. The Hindu Marriage Act, 1955.

6. The national commission for women Act, 1990.

7. The prohibition of child marriage Act, 2006.

8. The sexual harassment of women at workplace (prevention and

redressal) Act, 2006.

9. Dowry Prohibition Act, 1961.

10. The factories Act, 1948.

11. Maternity benefit Act, 1961.