A Case of a Rape Victim

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While discussing about the legal system of a free society, we often mention private legal firms and jurisdiction to take care of petty criminal incidences along with hard core crimes that may occur in such a free society where there is no government or aggressive authority to suppress Individual Freedom.

However, I have found that most of the supporters of democratic governmental systems oppose the idea claiming that such a free system will destruct itself and individuals will actually lose any available freedom in absence of state ruled jurisdiction and policing system. Often they mention hypothetical examples of sexual offenses and oppose the idea that a sexual offender can actually remain free in a free society if he makes an agreement with the victim and pay the agreed amount of money as fine to the victim and corresponding private security firm/s to which the victim and culprit have registered.

They feel that it is an obnoxious idea because if such monetary penalties are allowed for sexual cries, then no rapist will ever attain any serious punishment as they will victimize poor girls and boys for their criminal lust. The poor victim, being poor, will opt to compromise for a handsome amount of money and will not demand any physical punishment or jail term for the culprit. Such opposition occurs because of the common biasness against sex workers. People often feel that prostitution or selling sex for money is bad or immoral and hence they feel it should be avoided. Now if in a free society, the rapist is allowed to remain free of punishment for meager monetary payments, then it would be a direct support to prostitution.  If the rape victim accepts money for being raped, then it is no rape, it is simple prostitution.

It is hard to convince people about the moral soundness of prostitution. They won’t believe that sex is an art and sexual acts are art form. When a woman performs sex to fulfill requirements of a man or when a man perform sex to fulfill requirements of a woman, then they actually perform work and for that work, they are entitled to ask for payments.

However, there certainly is a difference between a rape case and a case of prostitution. A prostitute initially agrees for serving or entertaining man or men with her sexual art. Oh well, it is not necessary that every prostitute should be highly skilled in sexual art. Yet, she demands money for whatever sexual satisfaction she provides to her clients.  On the other hand, a rapist is not a prostitute, she was never ready to be used for sexual pleasure by her rapist and at least she was not ready for that when she was being raped.

Since the rape victim is not a prostitute and she was not ready for being sexually used initially, she has a right to demand for a jail term or physical punishment for the rapist. What if the rapist doesn’t agree to accept physical punishment or jail term and insist for monetary fine? He may succeed in making a compromise with girl. If the girl accepts monetary fine, then she cannot say that she was being raped. If she accepts monetary payment/fine for being raped, she is no different than a prostitute. I guess any woman will accept monetary fine for being raped rather than forcing physical payment or jail term for her rapist.

Impostors of fake morality may oppose my guess, but the real life supports my idea of accepting monetary fine or punishment for rape victims and allowing rapists to remain free. Recently, the Supreme Court of India allowed three rapists to enjoy freedom and removed all charges against them after they won an agreement with the rape victim who asked for monetary fine from culprits in place of prolonged jail term for them.

The rapists were initially awarded with a jail term of 14 years. Justices Markandeya Katju and Gyan Sudha Mishra maintained the conviction of the three rapists and said that the sentence of 10 years stood reduced to three-and-a-half years, the period of imprisonment already undergone.

The court further directed the convicts, who had raped the victim in Ludhiana on March 5, 1997, to pay a fine of Rs 50,000 each. Now since the three rapists have already suffered three and a half years of jail term, they have been freed.1

I don’t think anyone will now criticize the poor rape victim who appealed in the court to reduce the jail term for her rapists and to allow her to take monetary fine from each of the rapists. Obviously, it was her right and she made good use of it.

  1. SC lets off rapists before time, SC Let off rapists before time []

10 comments for “A Case of a Rape Victim

  1. avanindra
    February 28, 2011 at 5:41 am

    They feel that it is an obnoxious idea because if such monetary penalties are allowed for sexual cries,
    then no rapist will ever attain any serious punishment as they will victimize poor girls and boys for
    their criminal lust.

    The court further directed the convicts, who had raped the victim in Ludhiana on March 5, 1997, to pay a fine of Rs 50,000 each.
    Now since the three rapists have already suffered three and a half years of jail term, they have been freed.I don’t think anyone will
    now criticize the poor rape victim who appealed in the court to reduce the jail term for her rapists and to allow her to take monetary
    fine from each of the rapists. Obviously, it was her right and she made good use of it.

    I have one disagreement with the whole topic, which is not the central idea of the topic though. The basic notion of getting paid for
    injustice done to you, willingly or unwillingly , on your own term or on someone else term
    is flawed and corrupt.

    Two things can be exchanged only when they intrinsically represent the same kind of value. You can not exchange injustice with money. Most of
    the injustice that I can think of is one way or another infringement of your freedom. Freedom is something you are born with, you do not earn it.
    Then how can you exchange infringement of freedom with money, even if you agree with the exchange. There is only one way resolve this kind of
    injustice, when the victim forgives the culprit, and the culprit realizes and accepts his sin, otherwise I don’t see any other way.

    The whole justice system of fine with money for rape or any other kind of injustice is ridiculous. Though, I don’t have any problem with helping the victim
    with money, but it should not be part of justice, because it is not just.

  2. avanindra
    February 28, 2011 at 5:46 am

    Can you please separate the quotes from the article, from my reply. I put them under tag –quote–, but from preview I think, it did not work.

    thanks

  3. Renegade Division
    February 28, 2011 at 10:15 am

    avanindra you need to use <blockquote> tags if you want something to show up as a quote here.

  4. Sass R.S.
    March 20, 2011 at 9:56 am

    I find your blog interesting as it offers some valuable insights about individual freedom.

    I am critical of the excessiveness of subverting individual freedom for the “common good” but I am also critical of the excessiveness of subverting the “common good” for individual freedom.

    For me, “common good” that is not based on the respect for “individual freedom” is inhumane and tyrannical. However, the exercise of individual freedom is restricted by the individual freedom of another, and this restrictio is necessary to protect the “common good”. Without this restriction, individual freedom has the danger of being inhumane and tyrannical.

    In light of this, I have to differ with you about comparing “the money paid for victims of rape” to the money paid for prostitutes, for:

    1. The nature of sex that occurs in rape and in prostitution are very different from each other. The sex that results from rape is a result of coercion while the sex that occurs in prostitution – granting that the prostitute wasn’t trafficked – is consensual.

    2. The money paid for rape victims is a payment for the rapists violation of the victim’s individual freedom. The money wasn’t paid to get the victim’s consent for sex but it was paid to get the victim’s forgiveness. I don’t see anything wrong with it, unless of course the victime is coerced into accepting the payment.

    3. The money paid for a sex worker is a payment for the sexual services of the sex worker.

    4. A rape victim who accepted money from the rapist is not surrendering his/her consent. The atoning payment didn’t even erase the fact that the victim was coerced into sex.

    What I see here then is: Violating a person’s individual freedom (in this case, the rape victim) is justifiable so long as the violator (in this case, the rapist) can pay for it. But the payment doesn’t erase the fact that the freedom of the victim was violated.

    How does your version of “free society” protects an individual freedom from being violated in the first place?

  5. susan
    March 27, 2011 at 8:51 am

    Are you literally insane, or its a matter of low EQ? when you say any woman would take money rather than force jail/physical punishments.

    Leaving the emotion value aside, if you don’t understand.
    What do you make of a situation where a rich college girl is raped by say labourers/slum dwellers, in a city like delhi, where its very much plausible? You think the poor rapist can pay up to the amount of the dignity of the girl? Or you think Rs 1000 is the standard market rate?

  6. dsylexic
    April 12, 2011 at 4:42 am

    while i understand the monetary fine being paid to the rape victim,why should non victims (you and I) and the victim herself subsidize the life of the rapist -by sending him to a taxpayer funded jail?
    laws and punishment costs shouldnt be apportioned to the 95% of the remaining lawful masses.

  7. sana
    May 4, 2011 at 6:07 am

    you say that… “i guess any woman will accept monetary fine for being raped rather than forcing physical payment or jail term for her rapist. Impostors of fake morality may oppose my guess, but the real life supports my idea of accepting monetary fine or punishment for rape victims and allowing rapists to remain free. Recently, the Supreme Court of India allowed three rapists to enjoy freedom and removed all charges against them after they won an agreement with the rape victim who asked for monetary fine from culprits in place of prolonged jail term for them.”…. it seems so easy for you. if taken the other way those who are rich can continue raping and paying th emoney and thise who are poor would end uo in jail so the jussctice would depend on the economin class you belong to. and have you ever thought what that girl who has been raped goes through.. if he sees that man roaming around free and then again attenptin for rape what is the way out except to wait get raped and agais ask for money!!!
    Sometimes you people make sense but mostly its bullshit sorry!!

    • Unpretentious Diva
      May 8, 2011 at 4:40 pm

      Well, when you try to force your own idea on others, then only it is bullshit.

      It is pretty simple, if a girl really get’s raped, and she is not ready for any compensation but demands strict punishment, she should fight the legal battle for it and she should not worry about the delays of judgment, legal technicalities going against her and all other things, and she should not ask for fast and furious judgment too because there are certainly many girls who will falsely put a rape blame on a decent guy just to earn some money (or fame?)

      On the other hand, if a girl really get’s raped, and she find out that it is useless to waste her beautiful life on a past incidence/accident/bad moment or whatever you may call, and it would be better if she gets over that and lead her life in positive direction just like a woman prefer to get divorced from a abusive marriage, and she further decides to ask for monetary compensation from the alleged rapist (he is certainly not proven a rapist yet and there hardly are any chances), then it is her right to demand for compensation. And in fact, it is the right way.

      Life is not at all about vengeance and hatred, we need to move forward while leaving memories of bad moments at bay. And by the way, monetary fine is a valid and enough fine. But this idea is not to be forced on every other girl, it is for those girls who think in the same way. May its not your cup of tea. A girl can certainly prefer bullshitting her whole life about a bad incident, it’s obviously her choice and she should be free, just like she should be free to move on take money and forget.

  8. Reader
    May 10, 2011 at 6:41 am

    @Author

    The Basic flaw in your argument is – Your are letting victim to choose what’s best for her/him ? i.e. whether she wants – JUST money(restitution) or physical punishment for agressor? So, its quite obvious that rich offenders will use this flaw in your justice system to buy victims by offering them more money and escape “physical punishment” isn’t it? Now – if your justice system will make it MANDATORY that – whoever is convicted for rape will compulsory have to undergo – xyz punishment (lets assume punishment of surgical castration in rape cases) then i guess may be you can reduce the rape incidences by sending a strong message that – you can’t get away with rape even if you are rich otherwise why to go for courts ? Just resolve such matter by exchange of money..case closed! Forget about protecting individual freedom/women’s right/dignity…..everything can be atoned by restitution money as simple as that! :-) Long live free society and its justice system…;)
    My thoughts – There should not be any substitution for physical punishments in rape crimes! If you give that option (i.e.restitution money/out of court settlement) even after conviction of crime in your justice system then your are encouraging – legal prostitution in your free /lawless society. See the idea should be – Making strict laws to minimise ( “prevent/avoid” in ideal world) rape cases by deterring criminal/offenders from such acts NOT – lets allow victim to choose what’s best for him/her because we don’t wanna sound barbaric society and we are FREE society so we cannot disregard individual freedom/choices.

  9. lifeisgood
    November 26, 2011 at 5:30 am

    Unpretentious Diva: Let someone rape you, then we’ll see what your views would be..! If you bunch of fools are really true to your heart on your childish assertions, post this comment on your site. Good day.

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