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“How Deep Is Deep Enough?” (Conclusion)

By Chaitali Dasgupta - 2:41 PM Wednesday 03 May 2006

The judgments that were mentioned in the previous post raised confusion in our mind and made us ask the question “What is rape then?” Is it only the physical penetration of the vagina by the penis? Does it depend upon the measurable ‘depth’ of the penetration? And if it is to do with ‘outraging a woman’s modesty’ then who and how does one decide as to when is ‘modesty outraged’?

While these questions remain unanswered more ambiguity sets into the discourse on rape.

I’m sure the rape controversy involving an aspiring actor Preetii Jain and noted film director Madhur Bhandarkar is still fresh in our memory. The young actor charged Bhandarkar of raping her over five years after promising her a film role. The case brought out the practice of ‘casting-couch’ that was a known secret of the film industry out into the public.

But along with this it also raised the debate on whether consenting to sex under false promise could be termed as rape if the promise was not honoured.

In November 2004 a case of rape was charged where the victim was induced to sex on the false pretext of marriage. The court acquitted the accused as it found that the evidence did not warrant “an inference beyond reasonable doubt that the accused had no intention to marry her at all from the inception…” However, the Supreme Court passed a verdict, which held that determination of rape charge could depend on “whether the victim girl was misled by the false promise of the accused to marry her and therefore agreed to have sexual contact with him.” in which case it could lead to criminal liability of rape.

A similar case made it to the headlines few months back where a teacher of a reputed public school charged a pub owner with rape after six years of ‘consensual’ sexual relation with him. The woman stated that the accused had hidden the fact that he was married and that she had continued her relationship with him because he had promised to marry her. Going by the 2004 verdict if the deceit is proven the pub owner could be charged with rape.

Are we to applaud the law for being sensitive towards women in such cases where they are part of a ‘consensual’ sexual relationship and where the accused can be charged of rape and liable to be punished under the rape law if proven guilty of deceit?

We might argue that the law has taken up the metaphorical meaning of rape. That is, similar to a case of rape where physical violation leads to emotional violation and mental trauma, betrayal in love also leads to ‘rape’ because the person feels emotionally violated for having consented to a sexual relationship under false pretext.

No doubt emotions have been betrayed and violated but to legally term it as rape is questionable. If it is emotions that have been violated then why is it, that in cases of actual sexual assault (like the ones mentioned in the previous post) it becomes an ‘outrage of modesty’ and not rape?

A closer look will tell us that even here it is ‘morality’, which takes precedent over all emotions. The fact that the women had agreed to sexual relation because they ‘believed’ that the men they loved would eventually marry them ‘proves’ that the women were ‘pure’ in their intention and ‘virtuous’ in character. And by deceiving them into having sexual relation the men have ‘polluted’ the women’s ‘chastity’.

But let us not blame it all on law. Somewhere even women need to come out of the ‘victim’ mode as this only perpetuates the stereotyping of their sexuality as being ‘chaste’ and ‘virtuous’. It is also an alibi for not taking responsibility for one’s actions and decisions. There is nothing wrong in being involved in an intimate relationship. But if sex is being used to barter a long-term commitment, in my eye it is purely a case of dangerous liaisons.

Women have to take responsibility for the relationships that they enter using sex as a negotiating tool. They cannot keep running to the law every time they find themselves ‘duped’ for their own actions/naiveté. Pushing the law thus into areas which are decidedly gray will ultimately rebound on women as a gender and sexuality as a whole. For as long as women hold on to these ‘populist’ mores of female sexuality, choose to remain oblivious of their ‘individuality’ women will feel ‘raped’ every time they are betrayed.


Posted By Chaitali Dasgupta - 2:41 PM Wednesday 03 May 2006

Comments

Dear Chaitali

I really like the way you have concluded this post. Women must take responsibility for the world they are living in and the world they are inheriting. We cannot always pass the buck and hide under the law. Also I feel if women want to share power then now the time has come for them to interpret power and its games in the world as it exists and rise to articulating a world of their choices. I feel so much of that is happening as the sexual morals are being challenged especially for women. Women who do this also pay a price I know but I feel it all works towards changing the world where women have to take active rather than passive/victim roles all the time.

I like the different ways in which this blog interprets many of these things. Thanks for a thoughtful post.

Posted by

Shagufta
  on May 4, 2006 04:48 PM

Hi

I have been checking your site on/off for nearly 2 mths. Have to say everytime I read there is something wonderful and interesting in which you pick up a topical issue. In fact consent has been something our criminology class has been bitterly divided on. I read your article and absolutely agree with your arguments especially ur ending. I too feel that we have to be careful on how far we take the consent debate in the interest of women. Otherwise ultimately the law will begin to boomerang on women.

Like your phrase 'dangerous liasons' too. Maybe I will use it as a title for my paper on consent :)
Thank you for some good reading!

Posted by

Elsie
  on May 5, 2006 09:31 AM

Also to add a request. Since you have so many topical issues on sex/sexuality maybe if you could link to local and international news media and provide a daily bulletin on such topics it would be very useful for many of us. Hope its possible. :)

Posted by

Elsie
  on May 5, 2006 09:54 AM

Hi Elsie, Hello Shagufta,

When I read about the school teacher case in the paper few months back I was sort of annoyed with the gullibility of the woman. Though being a woman I can understand her emotions but calling it rape and using it to get back at the man is to dilute the intensity of the actual crime of rape.

Thanks guys for appreciating the blog. What makes it different and interesting is that everybody on it, whether it's you guys, me or the others feel free to share their own thoughts and experiences. Keep blogging!

Posted by

Chaitali
  on May 5, 2006 02:01 PM

"For as long as women hold on to these ‘populist’ mores of female sexuality, choose to remain oblivious of their ‘individuality’ women will feel ‘raped’ every time they are betrayed."
Great ending. I really think women need to wake up and start thinking about their own sexual boundaries and games. Of course women use sex as a negotiating tool. Any man will tell you that. So why don't women start think about this and take responsibility for their actions too.

I do agree though that men are more likely to take advantage and do get away with a lot and sexually it still a man's world. But like Elsi says, time for women to learn how to be careful, responsible and open about who they want to be.

hope I haven't rubbed anyone the wrong way!!

Posted by

Vedant
  on May 5, 2006 05:02 PM

Hi Vedant,

I guess using sex as a negotiating tool in a relationship comes about when one is insecure about the relationship.

You have met some very significant points.

Posted by

Chaitali
  on May 5, 2006 05:47 PM

this betrayal factor being used as a rape case, is dangerous to children and women being raped against their will, often violently, and with brute objects!

It is completely appauling to see how the law can become so twisted and distorted; to either condemn or condone; depending who is on the stand as the guilty party, or the victim?

IS money a factor in this judicial mess?

North
http://spiritsinmotion.blogspot.com/

Posted by

  on May 6, 2006 10:18 AM

Dear North,

Brutal acts of rape and rape against a person's wil are dealt under rape laws (which as I mentioned in Part I are ambiguous in themselves).

But here we are questioning whether betrayal in relationships involving consensual sex can be termed as rape and dealt with under the rape law.

Didn't quite get your question on is money a matter in this judicial mess. If you can expand a bit on the question perhaps I could clarify your query :)

Posted by

Chaitali
  on May 6, 2006 02:02 PM

I was wondering in the case of the long engagement, with promise of marriage.

She won a rape case, based on brocken promise of marriage-as she consented to sex, with the promise of marriage.

This confused me, so I was wondering if she were a privileged woman in financial stature? Or, is this "brocken promise" vengence prominent for all women, betrayed of the vow promised?

North

Posted by

  on May 7, 2006 08:32 AM

Dear North,

In the case of the teacher who has filed the rape charge no verdict has been reached yet. In the other case mentinoed which led the court to pass a judgegment where betrayal if proven is liable of being brought under rape charge, the woman did not win the rape case. The prosecution could not prove that the accused had no intention of marrying the victim from the beginning (I wonder how they can even prove that he did change his mind later on?)

Most of the time women do not come out with their sexual relationships. Perhaps in the case of the school teacher it is her finacial status and her priveledged position that gave her the courage to speak out of her relationship and the betrayal. I don't know if these will win her the case.

Posted by

Chaitali
  on May 8, 2006 10:26 AM

My introduction to this general topic came when as a boy I saw a production of "Trial by Jury" (G&S). "Breach of promise of marriage" as the base for a legal claim was made to look pretty funny. A bamboozled woman has a right to feel humiliated, cheated and stupid; just as if she had lent the man money based on a false promise of marriage. But physically violated? I think not. The loan, or the sexual act, was consensual at the time. She did not feel "violated" at the time of the act, only later, when she found out she'd been swindled. A claim for "theft of services" might float.

Posted by

custer
  on October 12, 2006 04:25 AM

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