Secondary Victimization of Rape Victims in India

Abstract

Secondary Victimization maybe defined as a negative social or societal reaction in consequence of the primary victimization and is experienced as a further violation of legitimate rights or entitlements by the victim. The secondary victimization of rape victims has been an issue of much debate and introspection calling for necessary reforms in the country’s legislative domain. However, inspite of amendments, the plight of the rape victims have remained pitiable and their treatment in the hands of police, lawyers, medical personnel etc. has continued to be apathetic. Even the judges in the handling of rape cases exhibit utmost insensitivity in that statements of victims are often disbelieved, character evidence is emphasized on or sentences are reduced unjustifiably. The present paper analyses the recent trends in judicial decision making in the context of the legal position on rape and brings home the point that secondary victimization of rape victims is a reality in the Indian context.

Keywords: Rape, Victimization, Judicial decision