CRITICAL ANALYSIS ON RE- VICTIMIZATION OF RAPE VICTIMS

Author Name: Ms. Ritvi Dhakar

Volume/Issue: 02/07

Country: India

DOI NO.: 08.2020-25662434 DOI Link: https://www.doi-ds.org/doilink/01.2022-29921468/UIJIR

Affiliation:

Assistant Professor of Law in Law College , Rajasthan , India

ABSTRACT

The victim constitutes the most important as well as the most aggrieved entity in any criminal justice system. The Indian Legislature and Judiciary have not defined ‘Victim of Crime’ anywhere in the statutes. In, India it is widely believed that victims do not have sufficient legal rights and protections and hence they are considered to be the marginalized and forgotten entity in the entire criminal justice administration. Disclosure of a criminal incident by the victim to others sometimes constitutes a stress inducing experience in itself. The victim of sexual offenses require better psychological environment to make a new beginning in life. But, the Victim Assistance infrastructure is very poor in India and the government failure at rehabilitation of the most serious factor contributing to the pain and plight of the victim. This paper proposes to examine the problems faced by the rape victims including the deprivation of their right to life and personal liberty. Forcefully undergoing uncomfortable procedures and inquiries both inside the court as well as from the people outside. Exploitation by Media and the people concerned by making her a public figure. Interference of various political parties into the matter or changing it as a political issue. Ir-responsive behavior of the legal, medical and mental health systems for assistance depriving the victims from certain rehabilitative and after care treatment. These negative instances have been termed as Second Rape or Secondary Victimization. This psychological harm and inappropriate responses leaves the victim feeling re-victimized or re-raped. This paper also notices the relevant Judicial Dicta that are sought to render victims the right to rehabilitation and suggests changes that are required in order to make the system respond effectively to the needs of victims of crime.

Key words: Rape, Rape Victims, Secondary Victimization, Victim Assistance