Consent is all: on sexual violence, support for survivors

There must be an intolerance of sexual violence, with support for survivors

Sometimes, the most manifest gains are won after the most Herculean of battles. For France to establish that “force is the crime” to establish that the use of force without consent causing injury, rape, fear or annoyance is a criminal act, took years; extraordinary courage from one woman, and an uprising where other women stood in solidarity with her. France has adopted a law that defines rape as any non-consensual sexual act, a milestone for the women in the country, but overall, a strike against sexual violence. The law was passed in response to urgent calls from society to infuse consent into the law, and make sure that the law protects sexual autonomy, particularly with reference to women. Last year, Gisèle Pelicot fought her toughest battle when she took the stand in court, in a case accusing her husband of drugging and allowing her to be raped by several men, some complete strangers. In December last year, the court granted 51 convictions in the case, but it was more significant in how it became a watershed moment to establish consent as a pillar of law. It has been well established that survivors of sexual violence have an arduous journey bringing their case to a court of law, and many women from disadvantaged social and economic backgrounds, indeed do not have that privilege. There is a great deal of stigma, and worse, judgement of the survivors in cases of rape, as recent public statements in India by leaders blaming the women have painfully underlined again, and again. Even when a case of rape enters the trial stage, the chances of securing a conviction are not encouraging. According to the NCRB’s data, conviction rates for rape were between 27%-28% from 2018 to 2022. And this, despite the fact that Section 129 of the Bharatiya Nyaya Sanhita recognises “criminal force”.

To establish sexual autonomy as the cornerstone of the judicial process, while a first step, is scarcely all. Preventing sexual violence will also involve shaping community views on gender roles, dismantling rigid patriarchal codes with a measure of law, but also awareness programmes that begin early, and orienting the police force to these principles, besides funnelling resources into assisting survivors cope with the trauma. The road ahead is long and arduous; for the journey of the survivors to be eased, governments should start with a complete intolerance for sexual violence, and a commitment to stand by survivors, employing empathy in the investigation and trial processes. To do any less, would be an injustice that would interrupt the momentum of the women’s ‘Arab Spring’ Pelicot had set in motion.