Former editor-in-chief of ‘Tehelka’, Tarun Tejpal was recently acquitted of rape charges by a district court in Goa after he was accused of allegedly sexually assaulting a former colleague in a hotel in 2013. The trial court held that the survivor did not “behave” like a “victim of sexual assault”, and that the “woman’s behavior” was a key factor in undermining her case.
District and sessions judge held that the complainant “did not demonstrate any kind of normative behaviour” that a victim of sexual assault “might plausibly show”.
(!!!!)https://t.co/toqFWdC8kH
— Aneesha Bedi (@AneeshaBedi) May 26, 2021
As per a report in The Indian Express, Additional Sessions Judge Kshama Joshi wrote a 537-page judgment that stated, “It is extremely revealing that the prosecutrix’s (victim) 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.”
People online were outraged at the judgment:
Any memo available from the court that'd tell us women "how to behave after a sexual assault"? Pls send us all a copy before watching predators walk scott free again https://t.co/WP2f3L8M1b
— June Paul (@journojuno) May 26, 2021
Not for me to judge whether Tejpal is guilty or not.
I am however concerned about the judge's reasoning.
Is there some normative behaviour expected of a sexual assault survivor? Is there any evidence for this so called normative behaviour? https://t.co/DI5rU5nn03— Dr Soumitra Pathare সৌমিত্র சௌமித்ரா பாடாரே (@netshrink) May 26, 2021
2. Double the oppression.
Firstly, the victim has to prove that she is ‘ guilty’ of being a victim.
And ALSO behave as a victim should( the judge has a rule book of standards !?)— Mohana Iyer (@mohana_iyer) May 26, 2021
Now the plaintiff should act like a victim all the time to get justice in a sexual harassment case. Ridiculous https://t.co/23XQ8nB2uc
— വികർണ്ണ (@NoRoK24x7) May 26, 2021
3. People recalled the stereotypical ‘damsel in distress’ character often showcased in movies.
So now the judge wants victims to go the Bollywood way? Maybe walk in front of a train? Will that be convincing enough? Does empathy count for nothing?
— Sudha Menon (@sudhamenon2006) May 26, 2021
Any guidebook by the court, “how to behave after a sexual assault”?
Are they taking their cues from unrealistic bollywood movies?— Suchi SA (@suchi_a) May 26, 2021
4. Many criticized the judge.
When did the judge become a body language expert and a psychologist? https://t.co/YPQ3jn4QcS
— Mitesh Tulsiyan (@mitesh0410) May 26, 2021
The assessment of the judge is gross & insensitive! Amounts to #victimshaming ! Our justices need sensitisation on gender issues! I would also like that all our courts across the country have 50% women judges! @rsprasad @barandbench
— Bharat Wakhlu (@Dilleye) May 26, 2021
These observations are just unbelievable and appalling. How can women expect any shred of justice and empathy when courts have such pre-determined notions of “normative behaviour” ?! #sexualharrassment #genderjustice https://t.co/vVxmsYZoG6
— Maya Mirchandani 🇮🇳 (@maya206) May 26, 2021
Moreover, the 2014 charge sheet had produced Tejpal’s “formal apology e-mail” written on November 19, 2013. In the mail, he wrote, “…I apologise unconditionally for the shameful lapse of judgment that led me to attempt a sexual liaison with you on two occasions on 7 November and 8 November 2013, despite your clear reluctance that you did not want such attention from me.”
The following is the full text of the letter sent by Tarun Tejpal, founder-editor of Tehelka, to the managing editor of the magazine, Shoma Chaudhury, days before his arrest in 2013.
The subject line is: Atonement. pic.twitter.com/U7FgIdPbRe
— JK (@JaskiratSB) May 21, 2021
However, the court was of the view that this “personal apology” was sent due to “intimidation” and not voluntarily.
As of now, the Goa government has moved the Bombay High Court challenging Tarun Tejpal’s acquittal. Goa Chief Minister Pramod Sawant said, “This is injustice meted out to a woman. In Goa, we will not accept this… With the kind of evidence and documents we had in the case, it could not have led to an acquittal. This is very sad.”
What do you think? Tell us.
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