The Problem Statement
Historically, rape is defined as unlawful sexual intercourse with a woman against her will. Lack of consent is a necessary element in every rape. Lack of consent may result from either forcible compulsion by the perpetrator or an incapacity to consent on the part of the victim. The term ‘Gang rape’ was coined by Bernice Sandler, but terms “serial gang rape”, “group rape”, “party rape”, or “multiple perpetrator rape” can be found in scholarly literature. A gang rape occurs when a single victim is raped by at least two or more violators, typically at least three.
Rape accounts for about 12% of all crime against women. As with other countries, India does not collect separate data on gang rapes. India’s average rate of reported rape cases is about 6.3 per 100,000 of the population. Even India’s average rate of 6.3, which is not very high when compared with the rest of the world, suffers from under-reporting.
The Causality
Talking about the reasons and deterrents for rape, three factors can be identified broadly – the legal institutions, the economic indicators, and the social indicators. A weak legal structure and a low conviction rate work as a catalyst, and in the same way a well-established legal system with a good conviction rate is a big impediment to potential sexual assaults. Similarly, poor economic and social indicators are often accompanied by higher instances of sexual or gender related violence. Strong economic or social standing is in itself very empowering. It not only discourages violence borne out of gender inequalities due to power balance but also through improved rates of crime reporting.
There are many factors behind gang rapes in India such as alcohol misuse, poverty, personal history of childhood victimization, need to prove heterosexual performance, dominance over women and participation in gangs.
Motives for serial gang rapes vary from sexual entitlement to asserting sexual prowess, to war, to punishment, and in up to 30% of cases for targeting other races or religions. Mass sexual assault may take place without gang rape, but all gang rapes entail mass sexual assault. Associated factors in the crime include alcohol misuse, poverty, personal history of childhood victimization, need to prove heterosexual performance, dominance over women, and participation in gangs and related activities.
The Effect
Surviving rape is a traumatic experience that impacts its victims in a physical, psychological, and sociological way. Even though the effects and aftermath of rape differentiate among survivors, individuals tend to suffer from similar issues found within these three categories. Long term reactions may involve the development of coping mechanisms that will either benefit the survivor, such as social support, or inhibit their recovery.
The Solution
The brutal gang rape of a young girl in Delhi in December 2012, really brought this issue into focus. This case led to changes in India’s legal system, including the passing of stricter sexual assault laws, and the creation of fast-track courts for prosecution of rapes. The Centre has now also amended the Protection of Children from Sexual Offences (POCSO) Act to introduce the provision of the death penalty for raping minors aged below 12 years.
As a result of increased awareness through initiatives taken by the government, and activism by the civil society lately there has been a massive jump in reporting cases. This, undoubtedly, is the important first step towards tackling the menace, although it is still heavily underreported.
Prevention approaches are needed to engage men and boys regarding the treatment of women and girls, sexuality, and sexual entitlement. Among the approaches towards creating an enabling environment against normalisation of rape, criminalisation of marital rape is required, and so is premarital counselling about healthy and respectful sexual relationships. Safety of girls and elimination of child marriage must be at the heart of sexual violence and rape prevention.
While we still have a long way to go to ensure gender parity and gender empowerment, some visible progress has been achieved through a combination of strong laws, their strict enforcement, and innovative awareness campaigns like ‘Beti Bachao Beti Padhao (roughly translated as ‘Save the daughter, educate the daughter’), a campaign of the Government of India that aims to generate awareness and improve the efficiency of welfare services intended for girls in India. Such campaigns not only help in creating the psychological space amongst the masses to change the view and attitude towards women, but also in providing a big thrust towards the development of confidence and self-belief amongst the girls.