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    Fake Rape Cases in India Article

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    Fake Rape Cases in India Article

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    6 views4 pages

    Fake Rape Cases in India Article

    Uploaded by

    majumdar110799

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    © All Rights Reserved
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    "A Study on Rising Amount of Fake Rape Cases in India"

    ABSTRACT

    Police records of 38 rape allegations, evenly split into maintained-as-true and


    withdrawn-as-false categories were compared with 19 generated-false statements from
    recruited participants. The Illinois Rape Myth Acceptance Scale (IRMAS) was used to
    assess the attitudes of the participants and a content analysis derived from IRMAS was
    used to compare the three categories of allegation. Rape myths were present in all
    three allegation types. The two categories of false allegation both contained more rape
    myths than the true allegations but no differences were found between the generated
    and withdrawn false allegations. High scorers in IRMAS also produced more violent false
    accounts. In addition to these findings, this study provides support for the further
    examination of rape myths in both false and true statements and use of generated
    allegations as proxies for real false statements.

    Introduction

    The threat of fabricated rape accusations also had a significant impact on the creation
    and use of the legal doctrine. In terms of sexual offences, strategies to influence the
    judgments of the police and prosecutors include using corroborating notices,
    maintaining immunity from domestic harassment, and fear of fabricated claims. More
    than half of rape cases, according to NCRB data, resulted in acquittals after drawn-out
    legal battles. The National Human Rights Commission (NHRC) recently suggested
    keeping the identities of those accused of rape a secret until the court rules to protect
    them from "false cases." Equal protection under the law and before the law is spelled
    out in Article 14 of the constitution. It opposes discrimination and forbids administrative
    actions as well as discriminatory laws. Most false rape accusations are skewed because
    they are based on the idea that men are violent, cruel, and domineering by nature and
    are thus held responsible for the crime. Public opinion frequently inadvertently causes a
    judge to form an unconscious bias in his mind when he judges the alleged culprit by
    accepting the media's reports. The right to life and personal freedom under Article 21 of
    the constitution is violated. The accused is treated with contempt and shame by society,
    which destroys his dignity. And when it comes to liberty, the accused is imprisoned from
    the moment be first takes a seat in the accused box until the judge delivers the verdict.
    This essay also intends to raise awareness of the penalties for false accusers and the
    possible defences for those who have been accused of a fake FIR. This essay also offers
    a conclusion and suggestions for changes to make to solve the issue.

    Definition Of False Rape Allegation:


    As in any research field, you cannot calculate exactly what you are unable to describe
    accurately. Unfortunately, several reported studies either neglect to describe clearly
    what constitutes an accusation of false rape or depend on data to indicate that several
    cases are beyond appropriate definitions. A proper inquiry would include proof that
    there was no wrongdoing to identify the event as a false accusation. This concept was
    expressed most specifically and directly in its detailed action model and subsequent
    problems document on addressing incidents of sexual aggression (IACP, 2005a, 2005b)
    by the International Association of Heads of Police (IACP): The decision if a sexual
    harassment allegation is false will only be taken if the proof indicates that no offence
    has been perpetrated or prosecuted. Only after a rigorous review will the decision be
    made. It cannot be mistaken with a report that would not show that there has been a
    sexual assault. Under any scenario the investigation will be baseless. If a report is
    incorrect, the proof that the attack did not occur must be supported. (IACP, 2005b, pp.
    12-13; italics in original) Proof, for instance, that the attack did not occur, may involve
    physical avoidance and/or claims by reliable witnesses that run contrary to core
    elements of the victim's narrative. Such facts would vary from more general evidence of
    "believability," for example a delayed investigation, an obvious incoherence in the
    victim's testimony, frequently used by police officers to discount the report of the rape
    victim (Kelly, Lovett, & Regan, 2005; Lea, Lanvers, & Shaw, 2003).

    Prevalence and Statistics:

    False accusations of rape can be devastating, not only for the individuals involved but
    also for society as a whole. It is a serious crime, and anyone found guilty of such an
    offense should face the consequences. However, it is equally important to recognize
    that false rape accusations can and do occur. If you find yourself in the harrowing
    situation of being falsely accused of rape, it is crucial to know your rights, gather
    evidence to defend yourself, and protect your reputation.

    1. Stay Calm and Seek Legal Counsel

    The moment you become aware of a false rape accusation against you, it's essential to
    remain calm and composed. Understand that emotions will run high, but reacting
    impulsively can harm your case. The first step is to consult with an experienced criminal
    defense attorney. Your attorney will guide you through the legal process, ensuring that
    your rights are protected every step of the way.

    2. Preserve All Communication


    If you believe the accusation is false and you have evidence to support your claim, start
    collecting and preserving all relevant communication. This may include text messages,
    emails, social media interactions, or any other form of written or recorded
    communication that can help establish your innocence.

    3. Gather Witness Testimonies

    Identify and contact potential witnesses who can vouch for your whereabouts and
    actions during the time in question. Friends, family members, colleagues, or anyone
    who can provide an alibi or attest to your character can be invaluable in building your
    defense.

    4. Document Your Activities

    Compile a detailed timeline of your activities on the day or night in question. Include as
    much information as possible, such as receipts, GPS records, surveillance footage, or
    any other evidence that can support your claims of innocence.

    5. Refrain from Communicating with the Accuser

    While it might be tempting to confront the accuser directly, it is generally advisable to


    avoid any communication with them without the guidance of your attorney. Any
    interactions could potentially be used against you in court.

    6. Be Prepared for a Thorough Investigation

    Law enforcement will conduct a thorough investigation to determine the truth.


    Cooperate fully with their inquiries, provide any requested information, and maintain
    your composure throughout the process.

    7. Trust the Legal Process

    Remember that the legal system is designed to uncover the truth. Trust your attorney to
    present your case effectively, and rely on the evidence you've gathered to demonstrate
    your innocence.
    Understanding Psychological Factors

    1. Mental Health Issues: Individuals struggling with mental health issues such as
    depression, anxiety, bipolar disorder, or borderline personality disorder may
    sometimes make false rape allegations. These conditions can cloud judgment
    and lead to distorted perceptions of reality. In some cases, a person might
    genuinely believe they were assaulted, but their perception is colored by their
    mental health struggles.

    2. Trauma: Ironically, trauma can sometimes be a factor in false rape allegations.


    People who have experienced past traumas, whether related to sexual assault or
    not, may exhibit behaviors that seem inconsistent or erratic. Trauma can affect
    memory recall, leading individuals to have fragmented or inaccurate
    recollections of events. They might genuinely believe a rape occurred when it did
    not.

    3. Education and Awareness: Promoting awareness about the complexities of false


    allegations and the psychological factors at play is crucial. Society must
    understand that false allegations can arise from genuine psychological distress
    and should avoid stigmatizing individuals who come forward with such claims.

    4. Legal Safeguards: The legal system should be equipped to handle cases involving
    vulnerable individuals with sensitivity and expertise. This includes offering legal
    counsel and support services to both the accuser and the accused, ensuring a
    fair and just process for all parties involved.

    Conclusion:

    Our society and our media concentrate extensively on women's incidents of abuse. So
    when a guy is harassed, what about that? Society as a whole and separate parties in
    charge preserve unity and respond proactively against this emerging danger of false
    cases of rape. It is important to tackle the acute issue with stern action by sensitising
    woman activists and women's Conclusion Our society and our media concentrate
    extensively on women's incidents of abuse. So when a guy is harassed, what about that?
    Society as a whole and separate parties in charge preserve unity and respond
    proactively against this emerging danger of false cases of rape. It is important to tackle
    the acute issue with stern action by sensitising woman activists and women's

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