Do you think a judge should pass a verdict solely on a womans statement in case of rape?

Question

The supreme court in india has passed a judgement that a womans statement is sufficent to send aman to jail even if the evidence does not corroborate the statement and that no investigation would be required.

Is this Taliban like law condemning those who are actually innocent till proven guilty?

Is india so illiterate and ignorant that they have to pass such judgements?

Is this politically motivated?

Would this lead to misuse and flood on false and fabricated allegations by women and innocent men being victimized?

Answer 1

No way!!!

people lie...

And they could point out the wrong guy as the perp...

Answer 2

I would figure most Indian women wouldn't falsely claim rape BECAUSE publicly admitting to being a non-virgin is very shameful in Indian society to the point where the family's "izzat" (honor) is taken away and how it will be hard for a single female rape victim to get married. .  Falsely claiming rape on an Indian woman's part is an irrational move, b/c she knows what's coming to her and her family. Why eternally put her family's honor and married life at stake by pretending to be raped?

Maybe the government is trying to help the problem of shaming rape victims, because victims are scared to deal with trials, re-enacting the trauma in front of others, being humiliated by the defense lawyer and then having to deal with a verdict of their rapist not being guilty.

Although, I understand that there needs to be evidence, as an innocent man could be locked up.    This new rule is too extreme.

You can have compassion for rape victims, without being too extreme.

Answer 3

India has been going to absurd extremes to prove that it has embraced the rights of women, so yes, it's politically motivated.

Answer 4

Is this Taliban like law condemning those who are actually innocent till proven guilty?  Taliban's laws mainly restrict women's freedom

Is india so illiterate and ignorant that they have to pass such judgements?  Seems so.

Is this politically motivated?  Isn't everything.

Would this lead to misuse and flood on false and fabricated allegations by women and innocent men being victimized?

     I seriously doubt it.  Testifying in detail about an embarrassing trauma is no picnic.  Not something you would do for fun.  

But virginity is uber-important there, and the laws also protect the honor of the family of the rape victim.  I don't think they really care that much about women or they would do something about the forced prostitution of children bought and sold into the trade.

I think DNA evidence should be the primary evidence.  Can't figure how that idea didn't catch on.  If the rapist wore a condom to avoid DNA evidence, or there is no DNA evidence, then you should go by the woman's word and all other available evidence.  You seem to have an inherent mistrust of women.  We are not all just waiting for the opportune moment to humiliate ourselves by testifying about a false rape claim.  There are thousand of better ways to get at someone, that do not include the degradation of a rape trial.

Answer 5

In any criminal case an alleged victims statement can be used to convict someone, even without corroborating physical evidence.  Someone steals your purse.  You say "That's the guy that stole my purse" they never find the purse he can still get convicted. If the victim is credible and a finder of fact (judge or jury) believes beyond a reasonable doubt that she is telling the truth then there should be a conviction.  This law has always existed.

Answer 6

They have removed the burden of proof, therefor the men are essentially guilty as charged from the start.

Yes, it is indeed a miscarriage of justice that will lead to countless men being victimized by false charges and arrests. It can be a vile weapon in the hands of disgruntled women who lack  moral fortitude.

Answer 7

Can you provide a link about this judgement in Indiana. I'm really doubtful that the Supreme Court would pass such an unconstitutional judgement.

Answer 8

I wish you had a link to post, I would like to read up on this.

But no, no one should be convicted solely on the testimony of one person.

I don't understand how such a decision could be made.

Answer 9

One thing you fail to understand it that this is a law that has been passed in a completely different country. Not AMERICA! a victim still has the burden of proof here in the states, hear-say will not be taking as the sole foundation for a rape case here anytime soon. So you have nothing to worry about.

Answer 10

I think that's ridiculous! Any woman could claim rape! Especially a very bitter one.