A simple rule that gives higher weight to the claims of a rape by a woman ( a woman has more to lose being raped; have you ever heard of a man being raped??), followed by swift presentation of DNA results by an independent lab, within 12 hours of the charges being files ( charges to be filed immediately, WITHOUT cross questioning of the woman, with proof of burden on the rape accused).
You might argue, What about the rights of the man? To this my response would be- the man would have to be very very careful henceforth- if AND only if his intentions with the woman that he is with are clear, should he, and would he, dare take the matters further than they need to- yes its true, this stringent law may be construed as draconian for men, but again I ask- how many men are raped?? It is true that a strict law, that has a strong bias FOR Women, will probably hang like a sword of Damocles over the heads of ALL men (me included ) in our country, BUT then in order to put the fear of GOD and DEATH in an entire population of testosterone charged , frustrated, sexist men in India, THIS is perhaps, THE ONLY ANSWER.
My argument for the law being biased to women, and for burden of proof falling on men is this-
Under what situations would a woman bring rape charges against the perpetrators? They could be any one of the following
- Her sentiments and emotions have been abused by the man that she is with- she has been emotionally exploited, and finally sexually exploited, with the man simply walking away from her when his lust was satisfied- SO WHO IS THE VICTIM here- the WOMAN.
- The woman is kidnapped by a stranger, a man (or men), threatened and violated- she is left emotionally drained and physically abused- SO WHO IS THE VICTIM here- the WOMAN.
- The woman is kidnapped by a known man (or men), threatened and violated- she is left emotionally drained and physically abused- SO WHO IS THE VICTIM here- the WOMAN.
NOW let’s understand, under what circumstances would a woman connive to falsely implicate a man?
- The woman has been paid off by someone who harbors a personal grudge against the accused- so the woman falsely accuses the man of raping her.
Note- Since the burden of proof is on the man, he can derive support from the DNA report that will be made available to the presiding judge within the stipulated 12 hours- here you might argue that the independent lab in which the DNA samples were analyzed could be open to malpractice and the report doctored; yes that’s true, given the rampant corruption in our system, BUT that probability is small price to pay for a long term redress of an ineffective law that has no teeth. Remember – NO SYSTEM is 100% perfect, BUT a toothless law is better consigned to the dust bin than rolled out for the benefit of rapists and politicians.
SO WHO IS THE VICTIM here- probably the MAN.
A score of 3 versus 1 is enough to warrant a law that has a strong bias FOR WOMEN, and where the BURDEN OF PROOF is on the rape accused, THE MAN!!
AND may I also suggest that when delivering verdicts, the following may be enforced
- After presentation of the DNA results, the results may be taken as conclusive proof of the crime, with the accused being asked to disprove it within 15 days.
- Failure to provide adequate proof of innocence by the accused within 15 days be taken as admission of guilt ( too bad you did not have an alibi, could not provide 5 witnesses who could testify to your being present with them when the crime occurred) and the sentence passed on the spot.
- Choice of sentence may be given to the accused- hanging, lethal injection, or by firing squad, AND to be implemented within 12 hours.
- The victim, her family to be given the choice to see the sentence being carried out.
NOTE- some sentences to be done publicly to have the desired effect on would be rapists and their families – onus also to be on the immediate families of rapists.