‘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.
“It is extremely revealing that the prosecutrix’s (victim’s) account neither demonstrates any kind of normative behaviour on her own part – that a prosecutrix of sexual assault on consecutive two nights might plausibly show, nor does it show any such behaviour on the part of the accused,” Justice Kshama Joshi wrote, in the order.
‘Judge Didn’t Demonstrate Normative Behavior’
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’.
“The prosecutrix sending the above message to the accused proactively without any attempt by him to ask her where she was and her sending the same message thrice in the span of a very few minutes clearly establishes that the prosecutrix was not traumatised nor terrified,” Justice Joshi said.
People also sought to know what is the ‘evidence’ for the so-called normative behavior of sexual assault victims.
‘What Should Women Do to Be Believed’
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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