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By describing the complainant—a young woman who chooses her sexual partners, drinks on occasion, and has male friends—justice Kshama Joshi seems to imply that women with certain personality types can't be rape survivors.
An observation made by the Goa Sessions Court that acquitted journalist Tarun Tejpal of rape charges against his former co-worker has sparked off a fresh controversy. The judge said the woman who accused Tarun Tejpal of sexual assault did not behave like a rape victim. This is not the first time that judges have made adverse remarks on women lodging a case of sexual assault. Some of these observations have been considered outrageous, here a few examples
Tarun Tejpal Judgment Underlines How Little the Judiciary Has Learnt on Sexual Violence Once again, the judge has put the survivor on trial while acquitting the accused. Tarun Tejpal. Photo: Reuters Women6 hours ago Tarun Tejpalâs acquittal by a trial court in a rape case has left millions of Indians concerned about the safety and wellbeing of women. This article is not intended to be a critique of the judgment per se or an assessment of the evidence in the case, as it deserves a separate article. The state of Goa has already gone into appeal and thus there are two stages at which its le...
Is there an appropriate behaviour for a rape victim? Is there an appropriate way for a rape victim to behave? That's the question many are asking in India after a judge threw out charges against a man accused of raping a female colleague and questioned the behaviour of the alleged victim. Judge Kshama Joshi wrote that in photographs taken shortly after the alleged assault, the young woman was "smiling and looked happy, normal, in [a] good mood". "She did not look disturbed, reserved, terrified or traumatised in any way even though this was immediately after she claims to have been sexually a...
A vacation bench of Justice S C Gupte was hearing an appeal filed by the Goa government, challenging the May 21 judgement passed by sessions judge Kshama Joshi acquitting Tejpal in the case.