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  • Dismantling Rape Culture: Legal Protections, Education, and Psychological Insights

Dismantling Rape Culture: Legal Protections, Education, and Psychological Insights

  • 02 Sep 2024

On August 9, a brutal and heartbreaking case occurred in Kolkata, West Bengal, when a trainee doctor’s body was found in the seminar hall of RG Kar Medical Hospital. This is allegedly a case of rape-murder. The whole nation was shook by the incident, and I lack words to explain the brutality of this incident. To say that this is an unfortunate and miserable occurrence is to say too little. Various protests took place all over the country, and the Supreme Court of India took suo-moto cognizance of the case. The demand for justice has been raised, and rightfully so. Many have taken to the streets with the slogan “Reclaim the Night”.

12 years ago, the infamous Nirbhaya case took place in Delhi, which shocked the nation to its nerves. The culprits in the Nirbhaya case were hanged to death in March 2020. The decision of the Kolkata case would find the light of the day when, and as it does, and whether the culprits of this case would be hanged to death or given some other punishment should be left to the honorable court.

But with this blog, my aim is to discuss a larger issue, a structural problem that has taken roots in society and is so deeply embedded that it appears with a sense of 'normalcy’. It is known as rape culture. I would also discuss various ways to dismantle this systematic rape culture, focusing majorly on various legal protections, on education, and on some psychological insights.

What is Rape Culture?

When you read about various incidents of violence against women that unfortunately are always in newspapers, you must have stumbled upon the term ‘rape culture.’ It is a sociological concept to explain an atmosphere where violence against women, including rape, is normalized, accepted, and sometimes even encouraged. This term found usage by feminists in the 1970s to explain a sense of normalization that occurs through actions, attitudes, practices, and behaviors that continue to perpetuate sexual violence, including rape. It can be understood as a crucial conceptual framework for comprehending the extensive structural problems associated with gender-based violence.

One thing that has to be understood clearly is that rape culture is a systematic occurrence that leads to the normalization of sexual violence. The term ‘’rape culture’’ finds its first appearance in ‘Rape: The First Sourcebook for Women’. This book was first published in 1974 by the New York Radical Feminists Collective. The 1975 documentary ‘Rape Culture’ deeply delves into this concept. Rape culture, according to Michael Parenti, is demonstrated by the acceptance of rapes as commonplace and even a man's prerogative. It can be made worse by the police's indifference to rape cases, victim blaming, their unwillingness to defy patriarchal cultural norms, and their fear of stigmatizing rape victims and their families.

How is Rape Culture Manifested?

There are various ways in which rape culture gets manifested in society, including victim blaming, slut shaming, objectification, through rape myths, and normalization.

  • Victim Blaming: The most common way through which rape culture is manifested is when someone who has been sexually assaulted is made to feel guilty about it. The most common way to do this is by asking questions that shift the blame on the victim. We have all heard arguments like ‘What were you wearing?’, ‘Who were you out with?’, ‘Were you indulged in drinking?’ etc. This deters potential victims from coming forward and reinforces the notion that it is the individual, i.e., the victim, rather than society as a whole who is responsible for preventing such cases of violence.
  • Sexualization: Sexual violence is frequently romanticized or trivialized in the media, portraying it as a common or acceptable aspect of relationships or daily life. By depicting non-consensual behaviors as passionate or non-offensive, movies, TV shows, and even song lyrics can contribute to this by desensitizing the audience to the significance of these crimes. An example includes that films portray that a woman’s no is not a no and that she is trying hard to get, and that says a lot about the way sexualization takes place through media.
  • Rape Myths: These are myths regarding rape that are meant to diminish or excuse sexual assault. Examples include the belief that males cannot be raped or that "real" rape only happens between strangers. The truth about sexual assault is distorted by these beliefs, which makes it more difficult for victims to pursue justice.

How to Dismantle Rape Culture?

Rape culture needs to be addressed, and this cannot occur through a unidirectional approach. Beginning with legal protections and reforms in laws, to education to all people about the root cause of this problem, and through psychological insights, let’s look at a few ways to dismantle this deeply rooted problematic culture:

A. Legal Protections and Legal Reforms

Following the 2012 Nirbhaya Case, there was a widespread outrage in the country against the unfortunate incident and a demand for reforms in law, specifically a demand for capital punishment (death penalty for the preparators). Following this, the Justice Verma Committee was formed, and its recommendations were submitted in 2013. The recommendations were made on various laws, including rape, sexual harassment, trafficking, child sexual abuse, medical examination of victims, police, and electoral and educational reforms.

Among other things, the committee recommended expanding the definition of rape to ‘any non-consensual penetration of a sexual nature’. Further, non-penetrative forms of sexual contact should also be regarded as a sexual assault. In 2013, the Criminal Law (Amendment) Act came as a result of these recommendations. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, also known as the POSH Act, was also passed in 2013 to provide a safe working environment at the workplace. This law establishes processes for handling complaints of sexual harassment and requires employers to set up internal complaints committees.

In order to address sexual offenses against minors in a comprehensive manner, the Protection of Children from Sexual Offenses Act, or POCSO, was passed in 2012. POCSO lays down the penalties for offenses as well as a system for victim care and enhanced techniques for tracking down perpetrators.

Following the three new criminal laws, Chapter V of the Bharatiya Nyaya Sanhita, titled ‘Of Offences Against Woman and Child’ deals with various kinds of sexual offenses. The Indian Penal Code had minimum punishment for rape as 7 years. This has been increased to a minimum of 10 years under Section 64(1) of the BNS and may extend to imprisonment for life, and shall also be liable to a fine.

Similarly, under Section 65(1) of BNS, strict laws have been to deal with offenses against minors. Assaulters of rape against women who are under 16 years of age shall be punished with an imprisonment of less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to a fine. Section 65(2) states that punishment for the rape of a woman under 12 years of age may extend to death.

BUT, this is not enough. We need strict implementation of these laws because, after all, justice delayed is justice denied.

B. Using Education as a Tool to Create Awareness

Any systematic issue cannot be tackled and uprooted without creating awareness and educating the public about it. It is only through education that stereotypes can be challenged and gender equality can be instilled in the citizens. Societies cannot change overnight, but they can surely change with the right education. Sex education should be introduced at the school level, and issues of consent and respect for bodily autonomy should be taught at a young age. Adolescents especially should be taught about informed consent.

In order to combat the deeply embedded gender stereotypes that support the culture of rape, education is essential. Gender studies should be taught in schools and universities, challenging students to question conventional ideas of masculinity and femininity. Students can learn to identify and reject actions and viewpoints that support sexual assault by challenging these stereotypes. Patriarchy can be dismantled only when we move beyond the gender stereotypes and move beyond victim blaming, slut shaming, and objectification of a particular gender.

C. Psychological Insights

An analysis of the psychological elements that lead to the perpetuation of rape culture makes it possible to find certain solutions to this issue. Cognitive dissonance is an important psychological concept to understand. This happens when people feel uncomfortable with opposing ideas or acting in ways that go against their moral principles. People frequently rationalize their behavior or embrace beliefs that support it in an effort to ease this discomfort. For example, when faced with instances of sexual assault, people may minimize the seriousness of the act or place the blame on the victim in order to fit their view of the world as just and equitable. This defense strengthens beliefs about rape, making it more difficult to identify and confront rape culture.

Another theory that can help decode rape culture is social learning theory. According to social learning theory, people pick up social norms and behaviors from watching other people, especially those in positions of power or influence. For instance, children and teenagers are frequently exposed to gender norms and attitudes toward sexuality in the setting of rape culture. Rape culture persists in part due to groupthink and conformity. People may feel under pressure to fit in with sexist ideas and practices in settings where they are accepted, even if they inwardly disapprove. But if people, especially men, start calling out their friends over sexist comments, they can dismantle the persistence of such culture.

Way Forward

Dismantling rape culture requires persistent efforts, including strict implementation of laws without which it is not possible to ensure justice. But since, like any culture, rape culture is deeply entrenched in the structure of our society.

One cannot do away with such incidents without addressing the root causes that justify these behaviors in a patriarchal society. Candle marches are not enough; after all, we need systematic dismantling of the rape culture that continues to stereotype genders, assign their roles, and lead to victim blaming and slutshaming of the women. Until and unless we do not identify the sexism that surrounds us, call out our own family and friends when insensitive remarks are made, and not make this a dinner conversation that deserves dialogue, rape culture would continue to exist. Empathy has to be cultivated, and systematic attacks on rape culture have to be hammered every day, and only then can we hope to get rid of this evil in our society.

Always remember rape culture is not about a news report on the front page; it is what you see every day and forget to recognize.

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