83-562: Priyadarshini Mattoo (23 July 1970 – 23 January 1996) was a 25-year-old law student who was found raped and murdered at her house in New Delhi on 23 January 1996. On 17 October 2006, the Delhi High Court found Santosh Kumar Singh guilty on both counts of rape and murder, and on 30 October of the same year sentenced him to death . On 6 October 2010, the Supreme Court of India commuted
166-403: A 2002 study of undetected rapists, says that compared with non-rapists, both undetected and convicted rapists are measurably more angry at women and more motivated by a desire to dominate and control them, are more impulsive, disinhibited, anti-social, hypermasculine , and less empathic. Sexual aggression is often considered a masculine identity characteristic of manhood in some male groups and
249-477: A 450-page judgment the judge came down heavily on the role of Delhi Police; "There has been particular inaction by Delhi Police", he said, while commenting that the accused’s father may have used his official position to influence the agencies. "The influence of the father has been there in the matter and there was deliberate inaction" (at the time his father was second in command of the police forces in Delhi). The helmet
332-503: A crime that required coercion or force or threat of force against the victim or a third person. Until 2012, the Federal Bureau of Investigation (FBI) considered rape a crime solely committed by men against women. In 2012, they changed their definition from "The carnal knowledge of a female forcibly and against her will" to "The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by
415-441: A definition of rape that did not use the word 'consent': "a physical invasion of a sexual nature committed on a person under circumstances which are coercive ." Marital rape, or spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse. It is a form of partner rape , domestic violence , and sexual abuse. Once widely accepted or ignored by law, marital rape is now denounced by international conventions and
498-537: A dishonest woman. Victims may react in ways they did not anticipate. After the rape, they may be uncomfortable/frustrated with and not understand their reactions. Most victims respond by 'freezing up' or becoming compliant and cooperative during the rape. These are common survival responses of all mammals. This can cause confusion for others and the person assaulted. An assumption is that someone being raped would call for help or struggle. A struggle would result in torn clothes or injuries. Dissociation can occur during
581-477: A form of sexual assault , while the Centers for Disease Control and Prevention (CDC) includes rape in their definition of sexual assault; they term rape a form of sexual violence . The CDC lists other acts of coercive, non-consensual sexual activity that may or may not include rape, including drug-facilitated sexual assault , acts in which a victim is made to penetrate a perpetrator or someone else, intoxication where
664-454: A means of male bonding. This is particularly evident among soldiers, as gang rape accounts for about three quarters or more of war rape , while gang rape accounts for less than a quarter of rapes during peacetime. Commanders sometimes push recruits to rape, as committing rape can be taboo and illegal and so builds loyalty among those involved. Rebel groups who have forced recruitment as opposed to volunteer recruits are more involved in rape, as it
747-556: A motorcycle helmet, and finally strangled with a wire. Santosh Kumar Singh, her senior in college, had been stalking and harassing her for several years, and was the immediate suspect. But Santosh came from an influential family - his father J.P. Singh was then Inspector General of Police in Pondicherry - in the course of the trial, he served as Joint Commissioner of Police in Delhi, where the crime had been committed. In view of these connections,
830-469: A motorcycle helmet. Santosh's presence in the house after the murder was also established by the prosecution. Delivering the ironical and widely criticized judgment in the trial court proceedings in 1999, the Additional Sessions Judge. G.P. Thareja said of Santosh, that though he knew that "he is the man who committed the crime," he was forced to acquit him, giving him the benefit of doubt. In
913-422: A number of categories, and they may describe the relationship of the perpetrator to the victim and the context of the sexual assault. These include date rape , gang rape , marital rape , incestual rape , child sexual abuse , prison rape , acquaintance rape , war rape and statutory rape . Forced sexual activity can be committed over a long period of time with little to no physical injury. Lack of consent
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#1732949375296996-410: A person under circumstances which are coercive". In other cases, the term rape has been phased out of legal use in favor of terms such as sexual assault or criminal sexual conduct . Some countries criminalize non-consensual condom removal ( "stealthing" ), where one partner removes (or intentionally damages) their condom during sex without telling the other partner; the rationale is that consent
1079-415: A rape or sexual assault. They are able to conduct a focused medical-legal exam. If such a trained clinician is not available, the emergency department has a sexual assault protocol that has been established for treatment and the collection of evidence. Staff are also trained to explain the examinations in detail, the documentation and the rights associated with the requirement for informed consent . Emphasis
1162-487: A risk of injecting drugs. Acquiring sexually transmitted infections increases the risk of acquiring HIV. The belief that having sex with a virgin can cure HIV/AIDS exists in parts of Africa. This leads to the rape of girls and women. The claim that the myth drives either HIV infection or child sexual abuse in South Africa is disputed by researchers Rachel Jewkes and Helen Epstein. Society's treatment of victims has
1245-405: A role in rationalization of rape. These include the idea that power is reserved to men whereas women are meant for sex and objectified, that women want forced sex and to be pushed around, and that male sexual impulses and behaviors are uncontrollable and must be satisfied. For females, victim-blaming correlates with fear. Many rape victims blame themselves. Female jurors might look at the woman on
1328-525: A sense of invulnerability); giving the appearance of consent (in cases of acquaintance rape); and thrill from planning and the use of the condom as an added prop. Concern for the victim is generally not considered a factor. Those who have been raped have relatively more reproductive tract infections than those who have not been raped. HIV can be transmitted through rape. Acquiring AIDS through rape puts people at increased risk for psychological problems. Acquiring HIV through rape may lead to behaviors that create
1411-407: A sex organ of another person, without the consent of the victim." The updated definition still excluded from the definition of rape men forced to penetrate women, which is generally recognized as the academic definition of rape. However, it recognized any gender of victim and perpetrator and that rape with an object can be as traumatic as penile/vaginal rape. The bureau further describes instances when
1494-456: Is a type of sexual assault involving sexual intercourse , or other forms of sexual penetration , carried out against a person without their consent . The act may be carried out by physical force, coercion , abuse of authority , or against a person who is incapable of giving valid consent, such as one who is unconscious , incapacitated, has an intellectual disability , or is below the legal age of consent ( statutory rape ). The term rape
1577-764: Is also higher if people around the survivor ignore (or are ignorant of) the rape or blame the rape survivor. Most people recover from rape in three to four months, but many have persistent PTSD that may manifest in anxiety, depression, substance abuse, irritability, anger, flashbacks, or nightmares. In addition, rape survivors may have long-term generalised anxiety disorder , may develop one or more specific phobias , major depressive disorder , and may experience difficulties with resuming their social life and with sexual functioning. People who have been raped are at higher risk of suicide. Men experience similar psychological effects of being raped, but they are less likely to seek counseling. Another effect of rape and sexual assault
1660-453: Is always required prior to treatment unless the person who was assaulted is unconscious, intoxicated or does not have the mental capacity to give consent. Priorities governing the physical exam are the treatment of serious life-threatening emergencies and then a general and complete assessment. Some physical injuries are readily apparent such as bites , broken teeth, swelling , bruising , lacerations and scratches. In more violent cases,
1743-533: Is believed the recruits start with less loyalty to the group. In Papua New Guinea , urban gangs such as Raskol gangs often require new members to rape women as part of their initiation. Perpetrators of sex trafficking and cybersex trafficking allow or carry out rape for financial gain and/or sexual gratification. Rape pornography , including child pornography , is created for profit and other reasons. There have been instances of child sexual abuse and child rape videos on Pornhub . One metric used by
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#17329493752961826-418: Is determined by sampling of body fluids from the mouth, throat, vagina, perineum , and anus . Victims have the right to refuse any evidence collection. Victims advocates ensure the victims' wishes are respected by hospital staff. After the physical injuries are addressed and treatment has begun, then forensic examination proceeds along with the gathering of evidence that can be used to identify and document
1909-717: Is especially the case in cultures where female virginity is highly valued and considered mandatory before marriage; in extreme cases, rape victims are killed in honor killings . In the US, victims' rights include the right to have a victims advocate preside over every step of the medical/legal exam to ensure sensitivity towards victims, provide emotional support, and minimize the risk of re-traumatization. Victims are to be informed of this immediately by law enforcement or medical service providers. Emergency rooms of many hospitals employ sexual assault nurse/forensic examiners (SAN/FEs) with specific training to care for those who have experienced
1992-545: Is estimated that about 5% of male-on-female rapes result in pregnancy. When rape results in pregnancy, abortion pills can be safely and effectively used to end a pregnancy up to 10 weeks from the last menstrual period. Visor A visor (also spelled vizor ) is a surface that protects the eyes , such as shading them from the sun or other bright light or protecting them from objects. Nowadays many visors are transparent, but before strong transparent substances such as polycarbonate were invented, visors were opaque like
2075-469: Is increasingly criminalized. Still, in many countries, marital rape either remains legal or is illegal but widely tolerated and accepted as a husband's prerogative. In 2006, the UN Secretary-General's In-depth study on all forms of violence against women stated that (pg 113): "Marital rape may be prosecuted in at least 104 states. Of these, 32 have made marital rape a specific criminal offense, while
2158-405: Is key to the definition of rape. Consent is affirmative "informed approval, indicating a freely given agreement" to sexual activity. It is not necessarily expressed verbally, and may instead be overtly implied from actions, but the absence of objection does not constitute consent. Lack of consent may result from either forcible compulsion by the perpetrator or an inability to consent on the part of
2241-399: Is more likely to be valid. The sooner that samples are obtained after the assault, the more likely that evidence is present in the sample and provides valid results. Once the injuries of the patient have been treated and she or he is stabilized, the sample gathering will begin. Staff will encourage the presence of a rape/sexual assault counselor to provide an advocate and reassurance. During
2324-592: Is placed on performing the examinations at a pace that is appropriate for the person, their family, their age, and their level of understanding. Privacy is recommended to prevent self-harm . Many rapes do not result in serious physical injury. The first medical response to sexual assault is a complete assessment. This general assessment will prioritize the treatment of injuries by the emergency room staff. Medical personnel involved are trained to assess and treat those assaulted or follow protocols established to ensure privacy and best treatment practices. Informed consent
2407-661: Is significantly correlated to the desire to be held higher in esteem among male peers. Sexually aggressive behavior among young men has been correlated with gang or group membership as well as having other delinquent peers. Gang rape is often perceived by male perpetrators as a justified method of discouraging or punishing what they consider as immoral behavior among women – for example, wearing short skirts or visiting bars. In some areas in Papua New Guinea , women can be punished by public gang rape, usually through permission by elders. Gang rape and mass rape are often used as
2490-661: Is sometimes casually inaccurately used interchangeably with the term sexual assault . The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median . Worldwide, reported instances of sexual violence , including rape, are primarily committed by males against females. Rape by strangers
2573-478: Is still used in other contexts in English. In Roman law , it or raptus was classified as a form of crimen vis , "crime of assault". Raptus referred to the abduction of a woman against the will of the man under whose authority she lived, and sexual intercourse was not a necessary element. Other definitions of rape have changed over time. The International Criminal Tribunal for the former Yugoslavia considered rape as
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2656-412: Is the stress created in those who study rape or counsel the survivors. This is called vicarious traumatization . The presence or absence of physical injury may be used to determine whether a rape has occurred. Those who have experienced sexual assault yet have no physical trauma may be less inclined to report to the authorities or to seek health care. While penetrative rape generally does not involve
2739-416: Is usually less common than rape by people the victim knows, and male-on-male prison rapes are common and may be the least reported forms of rape. Widespread and systematic rape (e.g., war rape ) and sexual slavery can occur during international conflict. These practices are crimes against humanity and war crimes . Rape is also recognized as an element of the crime of genocide when committed with
2822-453: The Global Forum for Health Research shows that victim-blaming concepts are at least partially accepted in many countries. Women who have been raped are sometimes deemed to have behaved improperly. Usually, these are cultures where there is a significant social divide between the freedoms and status afforded to men and women. "Rape victims are blamed more when they resist the attack later in
2905-494: The Latin rapere (supine stem raptum ), "to snatch, to grab, to carry off". In Roman law, the carrying off of a woman by force, with or without intercourse, constituted "raptus". In Medieval English law the same term could refer to either kidnapping or rape in the modern sense of "sexual violation". The original meaning of "carry off by force" is still found in some phrases, such as "rape and pillage", or in titles, such as
2988-580: The CBI fabricated the DNA test in the rape case as it was not obtained in accordance with the judicial procedure and could not, therefore, be admitted in evidence in view of Section 45 of the Indian Evidence Act. The "state had failed to bring home the charge of rape against the accused", and while indicting Santosh as "the man who committed the crime", the judge was constrained to acquit him, because of "the benefit of
3071-411: The US, the criminalization of marital rape started in the mid-1970s, and in 1993 North Carolina became the last state to make marital rape illegal. In many countries, it is not clear if marital rape may or may not be prosecuted under ordinary rape laws. In the absence of a marital rape law, it may be possible to bring prosecution for acts of forced sexual intercourse inside marriage by prosecuting, through
3154-469: The WHO to determine the severity of global rates of coercive, forced sexual activity was the question "Have you ever been forced to have sexual intercourse against your will?" Asking this question produced higher positive response rates than being asked, whether they had ever been abused or raped. The WHO report describes the consequences of sexual abuse: Frequently, victims may not recognize what happened to them
3237-584: The absence of an objection to sexual activity. This can lead to the presumption of consent. Duress may be actual or threatened force or violence against the victim or someone close to the victim. Even blackmail may constitute duress. Abuse of power may constitute duress. For instance, in the Philippines, a man commits rape if he engages in sexual intercourse with a woman "By means of fraudulent machination or grave abuse of authority" . The International Criminal Tribunal for Rwanda in its landmark 1998 judgment used
3320-444: The accused amazingly taking a perverse approach. It murdered justice and shocked the judicial conscience. In particular, the verdict held that there were no lacunae in the DNA testing and that the combination of the forensic and circumstantial evidence was clinching. However, the bench agreed with the trial's court observation that police were reluctant to act on repeated complaints of harassment and stalking against Singh as his father
3403-433: The accused. The witnesses of the police including a Sub-Inspector deposed falsely". The judgment held the CBI responsible for unfair investigation and failure to produce Virender Prasad, Mattoo’s household help, which resulted in the obstruction of justice. The police had claimed Prasad had gone missing and was not traceable, yet in the aftermath, a journalist could easily find him in his Bihar village. The judge added that
Priyadarshini Mattoo - Misplaced Pages Continue
3486-427: The assault. Memories may be fragmented especially immediately afterwards. They may consolidate with time and sleep. A man or boy who is raped may be stimulated and even ejaculate during the experience of the rape. A woman or girl may orgasm during a sexual assault. This may become a source of shame and confusion for those assaulted along with those who were around them. Trauma symptoms may not show until years after
3569-486: The complaint was merely malicious. On the morning of 23 January 1996, Santosh was seen knocking for entrance into Priyadarshini's uncle's house, where she was living, in the Vasant Kunj area of Delhi. A servant saw Santosh entering her house, apparently saying that he wanted a compromise in their legal complaints. Subsequently, he raped her, strangled her with an electric wire, and then battered her face beyond recognition with
3652-596: The convict against the high court's judgment. The defense lawyers of the accused Santosh Singh questioned the validity of the DNA report, one of the main causes for which he was given the benefit of doubt in the Trial court. Further the issue of Trial by Media is likely to be raised and whether excessive media coverage has influenced the verdict. In October 2010, the Supreme Court upheld the conviction of Santosh Kumar Singh but reduced
3735-509: The court handed over the investigation of the case to the Central Bureau of Investigation (CBI). In 1995, Priyadarshini had complained that Santosh Singh was harassing and stalking her. She had been provided with a personal security officer at the time. In retaliation, Santosh had lodged a complaint with the university alleging that she was pursuing two degrees simultaneously. However, it turned out that Priyadarshini had passed M.Com in 1991 and
3818-535: The death sentence to life imprisonment. Priyadarshini's father expressed disappointment with the CBI for failing to appeal against this decision. Santosh Singh, post-conviction, spent 4 years behind bars and was out on parole in March 2011. Upon return, he subsequently filed another application for grant of parole (subject matter of Criminal Writ Petition 224/2012) before Delhi High Court. The High Court granted him parole for another month on 6 March 2012. Rape Rape
3901-523: The death sentence to life imprisonment. Santosh Kumar Singh, the son of an Inspector-General of Police , had earlier been acquitted by a trial court in 1999, and the High Court decision was widely perceived in India as a landmark reversal. This decision was overturned as the facts were not presented correctly in the lower court. The acquittal of Santosh Singh in 1999 led to the investigating agency CBI , challenge
3984-580: The doubt". Following a public outcry, the CBI then appealed the district court's verdict in Delhi High Court on 29 February 2000. Initially, the trial was not a priority, and there was no presentation of evidence or hearings in the Delhi High Court well into 2006. However, intense public scrutiny was mounted in the case after the acquittals in the Jessica Lal case, with Priyadarshini's aged father Chaman Lal Mattoo making frequent appearances on TV, bringing
4067-417: The injuries. Such evidence -gathering is only done with the complete consent of the patient or the caregivers of the patient. Photographs of the injuries may be requested by staff. At this point in the treatment, if a victims' advocate had not been requested earlier, experienced social support staff are made available to the patient and family. If the patient or the caregivers (typically parents) agree,
4150-415: The intent to destroy, in whole or in part, a targeted ethnic group. People who have been raped can be traumatized and develop post-traumatic stress disorder . Serious injuries can result along with the risk of pregnancy and sexually transmitted infections . A person may face violence or threats from the rapist, and, sometimes, from the victim's family and relatives. The term rape originates from
4233-460: The judgment in the Delhi high court on 29 February 2000. Justices RS Sodhi and PK Bhasin of Delhi High Court shifted from a traditional lax pace, with hearings every few months, to a day-to-day trial, and judgment was reached in 42 days. The original acquittal was overturned and Santosh Singh was found guilty of murder and rape. The case is one of several in India that highlight the ineffectiveness of
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#17329493752964316-555: The judiciary under intense pressure. On 31 August 2006, six years after the initial appeal by CBI, justices RS Sodhi and PK Bhasin took up the case on a day-to-day hearing basis, which is extremely rare in India. Judgment was reached within 42 days which is quite unprecedented. On 17 October 2006, Santosh Singh, who meanwhile had married and become a practicing lawyer in Delhi itself, was found guilty under Indian Penal Code sections 302 (murder) and 376 (rape). The verdict blames G.P. Thareja's original judgment: The trial judge acquitted
4399-413: The legal system, only trained medical personnel can obtain evidence that is admissible during a trial. The procedures have been standardized. Evidence is collected, signed, and locked in a secure place to guarantee that legal evidence procedures are maintained. This carefully monitored procedure of evidence collection and preservation is known as the chain of evidence . Maintaining the chain of evidence from
4482-407: The medical exam, evidence of bodily secretions is assessed. Dried semen that is on clothing and skin can be detected with a fluorescent lamp. Notes will be attached to those items on which semen has been found. These specimens are marked, placed in a paper bag, and are marked for later analysis for the presence of seminal vesicle-specific antigen. Though technically, medical staff are not part of
4565-853: The medical examination, testing, and tissue sampling from its origin of collection to court allows the results of the sampling to be admitted as evidence. Photography is often used for documentation. Some physical effects of the rape are not immediately apparent. Follow up examinations also assess the patient for tension headaches , fatigue , sleep pattern disturbances, gastrointestinal irritability, chronic pelvic pain, menstrual pain or irregularity, pelvic inflammatory disease, sexual dysfunction, premenstrual distress, fibromyalgia, vaginal discharge, vaginal itching, burning during urination, and generalized vaginal pain. The World Health Organization recommends offering prompt access to emergency contraceptive medications which can significantly reduce risk of an undesired pregnancy if used within 5 days of rape; it
4648-400: The medical team utilizes standardized sampling and testing usually referred to as a forensic evidence kit or " rape kit ". The patient is informed that submitting to the use of the rape kit does not obligate them to file criminal charges against the perpetrator. The patient is discouraged from bathing or showering to obtain samples from their hair. Evidence gathered within the past 72 hours
4731-482: The police and his undertakings to them, he went about committing the most ghastly act. The act itself sent ripples in society and showed how insecure a citizen can get against this kind of a person," the bench remarked. Santosh Singh appealed against the death penalty sentence to the Supreme Court of India on 19 February 2007. The court also issued a notice to the Central Bureau of Investigation on an appeal filed by
4814-478: The police when Priyadarshini had complained that he was stalking her. However, he didn't mend his ways and eventually raped and killed her. "There is absolutely no doubt in our mind that what was required of Singh was exemplary behavior being a son of a police officer and a lawyer himself. Yet with a pre-meditated approach, he continued to harass the victim for two years," the Bench said. "In spite of repeated warnings by
4897-549: The potential to exacerbate their trauma. People who have been raped or sexually assaulted are sometimes blamed and considered responsible for the crime. This refers to the just world fallacy and rape myth acceptance that certain victim behaviors (such as being intoxicated, flirting or wearing sexually provocative clothing) may encourage rape. In many cases, victims are said to have "asked for it" because of not resisting their assault or violating female gender expectations. A global survey of attitudes toward sexual violence by
4980-660: The rape encounter rather than earlier (Kopper, 1996), which seems to suggest the stereotype that these women are engaging in token resistance (Malamuth & Brown, 1994; Muehlenhard & Rogers, 1998) or leading the man on because they have gone along with the sexual experience thus far. Finally, rape victims are blamed more when they are raped by an acquaintance or a date rather than by a stranger (e.g., Bell, Kuriloff, & Lottes, 1994; Bridges, 1991; Bridges & McGr ail, 1989; Check & Malamuth, 1983; Kanekar, Shaherwalla, Franco, Kunju, & Pinto, 1991; L'Armand & Pepitone, 1982; Tetreault & Barnett, 1987), which seems to evoke
5063-413: The rape, avoiding things associated with the rape, numbness, and increased anxiety and startle response . The likelihood of sustained severe symptoms is higher if the rapist confined or restrained the person, if the person being raped believed the rapist would kill them, the person who was raped was very young or very old, and if the rapist was someone they knew. The likelihood of sustained severe symptoms
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#17329493752965146-423: The rape. This can be perpetrated by the rapist, friends, or relatives of the rapist. The intent can be to prevent the victim from reporting the rape. Other reasons for threats against those assaulted is to punish them for reporting it, or of forcing them to withdraw the complaint. The relatives of the person who has been raped may wish to prevent "bringing shame" to the family and may also threaten them. This
5229-414: The remaining 74 do not exempt marital rape from general rape provisions. Marital rape is not a prosecutable offense in at least 53 States. Four States criminalize marital rape only when the spouses are judicially separated. Four States are considering legislation that would allow marital rape to be prosecuted." Since 2006, several other states have outlawed marital rape (for example Thailand in 2007 ). In
5312-467: The sexual assault occurred. Immediately following a rape, the survivor may react outwardly in a wide range of ways, from expressive to closed down; common emotions include distress, anxiety, shame, revulsion, helplessness, and guilt. Denial is not uncommon. In the weeks following the rape, the survivor may develop symptoms of post-traumatic stress syndrome and may develop a wide array of psychosomatic complaints. PTSD symptoms include re-experiencing of
5395-454: The stereotype that victims really want to have sex because they know their attacker and perhaps even went out on a date with him. The underlying message of this research seems to be that when certain stereotypical elements of rape are in place, rape victims are prone to being blamed." Commentators state: "individuals may endorse rape myths and at the same time recognize the negative effects of rape." A number of gender role stereotypes can play
5478-710: The stories of the Rape of the Sabine Women and The Rape of Europa or the poem The Rape of the Lock , which is about the theft of a lock of hair. Rape is defined in most jurisdictions as sexual intercourse , or other forms of sexual penetration , committed by a perpetrator against a victim without their consent . The definition of rape is inconsistent between governmental health organizations, law enforcement, health providers, and legal professions. It has varied historically and culturally. Originally, rape had no sexual connotation and
5561-856: The traditional criminal law system, especially when it comes to high-profile perpetrators, including the Murder of Jessica Lall and Sanjeev Nanda acquittals. Priyadarshini was a Kashmiri Pandit . She was raised in Srinagar . After Priyadarshini finished school at the Presentation Convent School in Srinagar, she migrated with her family to Jammu due to increasing Militancy in Kashmir . Priyadarshini received her BCom while in Jammu from MAM College, before being accepted to Delhi University to earn an LLB degree. It
5644-480: The use of a condom, in some cases a condom is used. The use of a condom significantly reduces the likelihood of pregnancy and disease transmission , both to the victim and the rapist. Rationales for condom use include: avoiding contracting infections or diseases (particularly HIV), especially in cases of rape of sex workers or in gang rape (to avoid contracting infections or diseases from fellow rapists); eliminating evidence, making prosecution more difficult (and giving
5727-489: The use of other criminal offenses (such as assault based offenses), the acts of violence or criminal threat that were used to obtain submission. Consent may be complicated by law, language, context, culture and sexual orientation. Studies have shown that men consistently perceive women's actions as more sexual than they intend. In addition, verbalized "no" to sex may be interpreted as "keep trying", or even "yes" by offenders. Some may believe that when injuries are not visible,
5810-411: The vagina, or solely penetration involving the penis, while other types of non-consensual sexual activity are called sexual assault. Scotland, for example, emphasizes penile penetration, requiring that the sexual assault must have been committed by use of a penis to qualify as rape. The 1998 International Criminal Tribunal for Rwanda defines rape as "a physical invasion of a sexual nature committed on
5893-423: The victim (such as people who are asleep, intoxicated or otherwise mentally compromised). Sexual intercourse with a person below the age of consent , i.e., the age at which legal competence is established, is referred to as statutory rape. In India, consensual sex given on the false promise of marriage constitutes rape. Duress is the situation when the person is threatened by force or violence and may result in
5976-796: The victim is unable to consent (due to incapacitation or being unconscious), non-physically forced penetration which occurs after a person is pressured verbally (by intimidation or misuse of authority to force to consent), or completed or attempted forced penetration of a victim via unwanted physical force (including using a weapon or threatening to use a weapon). The Veterans Health Administration (VHA) has implemented universal screening for what has been termed "military sexual trauma" ( MST ) and provides medical and mental health services free of charge to enrolled veterans who report MST (Title 38 United States Code 1720D; Public Law 108–422). Some countries or jurisdictions differentiate between rape and sexual assault by defining rape as involving penile penetration of
6059-539: The victim is unable to give consent because of mental or physical incapacity. It recognizes that a victim can be incapacitated by drugs and alcohol and unable to give valid consent. The definition does not change federal or state criminal codes or impact charging and prosecution on the federal, state, or local level; it rather means that rape will be more accurately reported nationwide. Health organizations and agencies have also expanded rape beyond traditional definitions. The World Health Organization (WHO) defines rape as
6142-480: The victim may need to have gunshot wounds or stab wounds treated. The loss of consciousness is relevant to the medical history. If abrasions are found, immunization against tetanus is offered if 5 years have elapsed since the last immunization. After the general assessment and treatment of serious injuries, further evaluation may include the use of additional diagnostic testing such as x-rays , CT or MRI image studies and blood work. The presence of infection
6225-456: The witness stand and believe she had done something to entice the defendant. In Chinese culture, victim-blaming is often associated with the crime of rape, as women are expected to resist rape using physical force. Thus, if rape occurs, it is considered to be at least partly the woman's fault, and her virtue is called into question. In many cultures, those who are raped have a high risk of suffering additional violence or threats of violence after
6308-603: The woman must have consented. If a man solicits sex from another man, the pursuer may be regarded as virile. The WHO states that the principal factors that lead to the perpetration of sexual violence against women, including rape, are: No single facet explains the motivation for rape; the underlying motives of rapists can be multi-faceted. Several factors have been proposed: anger , power , sadism , sexual gratification, or evolutionary proclivities . However, some factors have significant causal evidence supporting them. American clinical psychologist David Lisak , co-author of
6391-449: Was begged for Santosh was not enough and the brutal rape and murder do fall in the bracket of "rarest of rare" cases. Santosh was sitting just five feet away from the jam-packed court. The court had convicted Santosh of the crime earlier that month. The two-judge bench, comprising Justice R. S. Sodhi and Justice P. K. Bhasin, heard both sides before pronouncing the verdict. The court said Santosh Singh had been given many chances to reform by
6474-442: Was during her time as a student in Delhi that Santosh Singh became besotted with her, and made indecent proposals. However, at one point, he started stalking her, and her family lodged several FIRs with the police. A police escort was provided for some time, but the stalking continued. Priyadarshini was in the third year of her law program when she was found strangled in her uncle’s residence. She had been raped, struck 14 times with
6557-485: Was found with a shattered visor - however, the evidence was so poorly presented that the defense was able to discount it. He further stated that the rule of law doesn’t seem to apply to the children of those who enforce it. The Delhi police according to the judge, attempted to assist the accused during the investigation and trial. "Lalit Mohan, the Inspector was instrumental in creating false evidence and false defense for
6640-556: Was given to protected sex and not to unprotected sex, making the subsequent act non-consensual and therefore illicit; for such cases, United Kingdom, Switzerland, New Zealand have enacted rape convictions, while Australia, Canada, Germany saw convictions for sexual assault; California considers it sexual battery . Victims of rape or sexual assault come from a wide range of genders , ages, sexual orientations , ethnicities, geographical locations, cultures, and degrees of impairment or disability. Incidences of rape are classified into
6723-542: Was rape. Some may remain in denial for years afterwards. Confusion over whether or not their experience constitutes rape is typical, especially for victims of psychologically coerced rape. Women may not identify their victimization as rape for many reasons such as feelings of shame, embarrassment, non-uniform legal definitions, reluctance to define the friend/partner as a rapist, or because they have internalized victim-blaming attitudes. The public often perceives these behaviors as 'counterintuitive' and, therefore, as evidence of
6806-432: Was reached on the basis of strong circumstantial evidence. Santosh's father J.P. Singh was in court. Priyadarshini's father expressed satisfaction that justice had been achieved ten years after the gruesome murder. As recommended by the Central Bureau of Investigation the death penalty was awarded to Santosh Singh on 30 October 2006. Pronouncing its verdict, the court said the mitigating circumstances under which leniency
6889-429: Was the senior IPS officer (now retired) Director-General of Police J.P. Singh. The verdict says "junior staff do not react to complaints against the relatives of their fraternity" and referred to the trial court's observation that the approach and working of the subordinate staff of Delhi Police clearly reflected that the rule of law "is not meant for those who enforce the law nor for their near relatives". The verdict
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