Another judge, this one in India, has shown he shouldn’t be a judge:
When Madras High Court Judge P. Devadass recently let a rapist out of prison on bail so he could “mediate” with his victim, it caused an uproar among legal scholars and women’s rights activists.
The move was deemed “retrograde,” “misogynistic” and simply bad jurisprudence. Lawyers who work in the courthouse’s mediation center wrote a letter to the chief justice, demanding that Devadass’s order be rescinded. India’s Supreme Court, weighing in on a different case, said last week that any compromise between a rape victim and a perpetrator would be a “spectacular error.”
In the latest controversial remarks by a politician, Ramsevak Paikra, the home minister of central Chhattisgarh state, who is responsible for law and order, said on Saturday that rapes did not happen on purpose.
“Such incidents [rapes] do not happen deliberately. These kind of incidents happen accidentally,” Paikra, of the Bharatiya Janata party (BJP), which also rules at the national level, told reporters.
Paikra, who had been asked for his thoughts on the gang-rape and hanging of two girls in a neighbouring state, later said he had been misquoted. His original remarks were broadcast on television networks. The remarks come just days after Babulal Gaur, the home minister of the BJP-ruled Madhya Pradesh state, said about rape: “Sometimes it’s right, sometimes it’s wrong“. Gaur made the remarks on Thursday amid growing anger over the gang-rape and murder of the girls, aged 12 and 14, in the northern Uttar Pradesh state late last month.
Arun Jaitley, who holds two cabinet posts and is one of India’s most senior leaders, was speaking to a gathering of state tourism ministers on Thursday.
“One small incident of rape in Delhi advertised [the] world over is enough to cost us billions of dollars in terms of lower tourism,” he said.
The parents of the 23-year-old victim, who was repeatedly raped by six men on a moving bus, sexually assaulted with an iron rod, thrown from the vehicle naked and later died from her injuries, expressed their disbelief at the comments.
“An honest citizen lost her life, isn’t that a loss to the nation?” asked her father.
And there’s another one here:
A regional politician from Modi’s own party, the Bharatiya Janata Party (BJP), said on Thursday that the crime of rape can only be considered to have been committed if it is reported to police.
“This is a social crime which depends on men and women. Sometimes it’s right, sometimes it’s wrong,” said Babulal Gaur, the home minister responsible for law and order in the BJP-run central state of Madhya Pradesh.
“Until there’s a complaint, nothing can happen,” Gaur told reporters.
Gaur also expressed sympathy with Mulayam Singh Yadav, head of the regional Samajwadi Party that runs Uttar Pradesh. In the recent election, Mulayam criticised legal changes that foresee the death penalty for gang rape, saying: “Boys commit mistakes: Will they be hanged for rape?”
I previously posted on this here.
This, of course, doesn’t just happen in Indian. It’s worse in Somalia under al-Shabab where you are sentenced to death if you are raped or in Saudi Arabia where you a judge thinks that being lashed and jailed is too lenient if you’re raped.
It’s not quite so bad in the US, we only get things like:
Former Montana District Judge G. Todd Baugh was chosen for the award by the board of directors of the Yellowstone Area Bar Assn. based on his lengthy service to the people of the Treasure State, the group’s president said in an email Friday.
Baugh sparked nationwide outrage in 2013 when he handed down a 30-day sentence to a former high school teacher convicted of raping the teenager, who had killed herself while the case was pending, just before her 17th birthday.
When he imposed sentence, Baugh commented in court that the girl was “older than her chronological age” and “as much in control of the situation” as Stacey Dean Rambold, the teacher who was convicted on one count of sexual intercourse without consent.
The suit, filed July 5, alleges when the girl — a special education student — told officials about the harassment, assault and rape that occurred during the 2008-09 school year, they told her they did not believe her. She recanted.
The suit also alleges that, without seeking her mother’s permission, school officials forced the girl to write a letter of apology to the boy and personally deliver it to him. She was then expelled for the rest of the 2008-2009 school year and referred to juvenile authorities for filing a false report.
“School Officials, although mandatory reporters under Missouri’s Child Abuse Reporting Law, failed to report [the girl’s] complaints to the Division of Family Services or to Greene County Juvenile Authorities,” the suit says.
In 2009-10, the girl was allowed back in school, and the boy continued to harass and assault her, the suit says. She did not tell school officials because she was afraid she would be accused of lying and kicked out of school.
In February 2010, the boy allegedly forcibly raped the girl again, this time in the back of the school library. While school officials allegedly expressed skepticism of the girl, her mother took her to the Child Advocacy Center and an exam showed a sexual assault had occurred. DNA in semen found on the girl matched the DNA of the boy she accused, the suit says.
Despite the finding of the Advocacy Center, the school suspended the girl for disrespectful conduct and public display of affection, the suit says.
“First of all, from what I understand from doctors, (pregnancy from rape) is really rare,” Akin told KTVI-TV in a clip posted to YouTube by the Democratic super PAC American Bridge. “If it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”
But the widest criticism of the bill comes in its exemptions for rape — provisions that would allow federal money or private insurance to be used to cover an abortion. H.R. 3 says those provisions would kick in only in cases of forcible rape, a distinction from other forms rape of that is largely undefined but seems to suggest that a rape that doesn’t include violence wouldn’t count. The bill would also limit the incest exemption to women under the age of 18 — meaning a victim of incest who was legally allowed to vote wouldn’t have her abortion covered by Medicaid and would likely have more limited access to private insurance than she does today.