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‘How exactly should women behave after sexual assault?’
‘Should she stay locked in and not talk to anyone after assault?’
‘Who decides what is normative behavior after sexual assault.’
Former Tehelka Editor-in-Chief Tarun Tejpal was acquitted of charges of rape and sexual assault by a district court in Goa as the survivor did not "behave" like a "victim of sexual assault". Tejpal was accused of raping and sexually assaulting a former colleague in 2013, in a Goa hotel and was acquitted seven years later on 21 May.
The court order, which became public four days later, caused a furore on social media with multiple women questioning the basis of the judgment.
Justice Joshi, while writing the order, said that the complainant’s alleged ‘behaviour’ played a key role in deciding her case. She added that woman’s messages to the accused “clearly establish” that she was neither “traumatised nor terrified”.
Calling it a ‘regressive judgment’, Twitter users said that the judge did not demonstrate any ‘normative behaviour that a judicial officer might plausibly show’.
People also sought to know what is the ‘evidence’ for the so-called normative behavior of sexual assault victims.
Referring to the formal ‘apology e-mail’ written by Tejpal to the then Managing Editor of Tehelka Shoma Chaudhury, the Goa court order observed that this was sent due to ‘intimidation’ by the complainant.
“What exactly should women do to be believed? When will society give us the benefit of doubt and just believe?” a Twitter user asked.
Multiple women pointed out how trial courts are making it more and more difficult for women to come out and file complaints – with the burden of women to behave in a certain way.
Mental Health and Criminal Justice Expert Maitreyi Misra said, “What the judge understands as normative behaviour is everything that is normative behaviour for those who don’t get sexual assault and violence.”
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Published: 26 May 2021,02:38 PM IST