3.3.11
TIMES OF INDIA
Up to 5 yrs' jail proposed for sexual assault
NEW DELHI: The proposed Protection of Children from Sexual Offences Bill 2011 is likely to come up before the Cabinet on Thursday.
The bill — piloted by the women and child development ministry — while proposing stiffer punishment for offenders, also advocates punishing those making false complaints, except if the complainant is a child less than 16 years old.
The bill gains significance on the back of National Crime Records Bureau data that shows an increase in sexual offences against children. A ministry study in 2007 on child abuse found 53% reported one or more forms of sexual abuse. And 50% of the abusers were known to the child or in a position of trust and responsibility.
As per the new bill, whoever commits sexual assault can be punished with imprisonment of three years extendable up to five years and a fine. Punishment for penetrative sexual assault (where the perpetrator is a guardian, public servant or security personnel) has been proposed at 10 years, which could be extended to life term and a fine.
March 3, 2011
February 22, 2011
21.2.2011
Times of India, Kanpur
Several girls silently bear sexual abuse: Survey
KANPUR: Nearly 40 per cent of girls in the city are victims of some form of sexual abuse, revealed a study conducted by the home science department of Chandra Shekher Azad (CSA) University of Agriculture and Technology. It includes girls who are in the age group of 9-12 years and have been molested either at schools or homes. Many girls have faced physical and emotional neglect and social abuse as well.
Out of 249 girls surveyed, 123 reported of instances where their private parts were touched. While 41.2 per cent were forced to expose their genitals or subjected to other forms of sexual abuse. Whereas many girls reported of sexual act where the abuser forced the girl to touch his genitals.
Under the supervision of Neelima Kunwar, office-in-charge, extension education and communication management, CSA, the students of home science conducted a study among 249 girls under the age group of 9-12 years in 2010. The study was conducted in five Hindi and five English medium schools. The girls were interviewed with the help of a questionnaire.
"Generally, girls are sexually abused by an individual known to her family or somebody in her surrounding institutes. Rarely the abuser is a stranger," said Neelima. "In most of the cases, the girls were forced to show their body parts to the friends, cousins or teachers who are the abusers. They even are exposed to pornography and are forcefully kissed," she said.
Notably, abuse happens when someone tries to control or hurt the girl. It can be physical such as hitting or pushing. It can be making a girl feel worthless or making her possessive or jealous, to stop her from speaking to friends or family or even forcing her to participate in sexual activities.
Neelima mentioned that the victim is continuously targeted by the same abuser. With the passe of time the abuse rate increases. For example in the case of sexual abuse, the abuser in the initial stages shows his body parts and then it progresses to kissing, fondling, penetration and so on. And at the time he ensures to threat the child by abusing her physically and emotionally. Abuser simply try to convince the child that nobody would believe if they tell about the abuse.
However, such inappropriate sexual behaviour with a child such as fondling a child's genital, making the child fondle the adult's genital, intercourse, rape and sexual exploitation occurs because the respondent fails to express themselves after facing abuse. "Girls are least aware about such practices and secondly, they their parents due to some kind of physical abuse they experience at home.
Some girls are ashamed and feel guilty despite being subjected to fear and frustration.
Normally, the children who have been sexually exploited suffer from infection, genital injury, abdominal pain and urinary tract infection or behavioural problems. Besides, they face academic difficulties, concentration problem, depression, fear or shyness, insomnia and difficulty in learning.
Besides this, there are physical, emotional and neglect abuse. Physical abuse is one of the common abuse contributing to 72 per cent of the cases. In such cases, the child faces repeated beating and injuries, kicks, burns and other form of torture. As per the survey, a majority of children are either beaten by mother or schoolteacher. This is followed by emotional abuse. It includes verbal and mental abuse which leads to serious behavioural, emotional and mental disorders. Girls are even the victims of social abuse.
However, psychologist suggest that such unethical practices can be controlled if parents practice certain prevention strategies such as anger management and fill the communication gap between children and themselves.
21.2.11
Indian Express
Govt to bring in Bill to check sexual abuse of children
The government on Monday proposed to bring in a comprehensive legislation soon to prevent sexual abuse of children that will have provisions for stringent punishment for such offences.
In her address to joint sitting of both houses of Parliament, President Pratibha Patil said the government "proposes to introduce a bill regarding protection of children from sexual offences".
The new law will cover all new aspects of sexual offences against children not covered elsewhere with provision for stringent punishment.
Once through, this law will take precedence over any other existing law.
Congress President Sonia Gandhi was keen to see the bill through and had written to Women and Child Development (WCD) minister Krishna Tirath last year asking her to hasten the pace of the legislation focusing on sexual abuse of the children, sources said.
Amid reports of differences between ministries, she had asked the WCD ministry to coordinate with the Law Ministry which had already prepared a draft bill on similar lines.
The proposed legislation aims at protecting children against offences of sexual assault, sexual harassment, pornography and provide for establishment of special courts for trial of such offences.
The punishment for penetrative sexual assault has been proposed as at least five years in jail and a minimum fine of Rs 50,000. Sexual assault also includes fondling the child in an inappropriate way which will invite a penalty of minimum three years in jail.
There is a special provision preventing abuse of children for pornographic purpose or possessing pornographic material involving children. There will an obligation on media, studio and photographic facilities to report such cases and failure to do so will attract punishment.
To prevent misuse of this law, there is deterrent factor on false complaints and false information leading to six-month jail term.
There will be set procedure for media on reporting that would bar giving details of the victim and accused children's family or personal details or any form of reporting that can lead to their identification. Besides, it proposes special courts and more sensitive ways in dealing with crime against children.
In her address, Patil also touched upon the issue of protection of women against sexual harassment at workplace.
"The Protection of Women Against Sexual Harassment at Workplace Bill has also been introduced in Parliament," Patil said.
Times of India, Kanpur
Several girls silently bear sexual abuse: Survey
KANPUR: Nearly 40 per cent of girls in the city are victims of some form of sexual abuse, revealed a study conducted by the home science department of Chandra Shekher Azad (CSA) University of Agriculture and Technology. It includes girls who are in the age group of 9-12 years and have been molested either at schools or homes. Many girls have faced physical and emotional neglect and social abuse as well.
Out of 249 girls surveyed, 123 reported of instances where their private parts were touched. While 41.2 per cent were forced to expose their genitals or subjected to other forms of sexual abuse. Whereas many girls reported of sexual act where the abuser forced the girl to touch his genitals.
Under the supervision of Neelima Kunwar, office-in-charge, extension education and communication management, CSA, the students of home science conducted a study among 249 girls under the age group of 9-12 years in 2010. The study was conducted in five Hindi and five English medium schools. The girls were interviewed with the help of a questionnaire.
"Generally, girls are sexually abused by an individual known to her family or somebody in her surrounding institutes. Rarely the abuser is a stranger," said Neelima. "In most of the cases, the girls were forced to show their body parts to the friends, cousins or teachers who are the abusers. They even are exposed to pornography and are forcefully kissed," she said.
Notably, abuse happens when someone tries to control or hurt the girl. It can be physical such as hitting or pushing. It can be making a girl feel worthless or making her possessive or jealous, to stop her from speaking to friends or family or even forcing her to participate in sexual activities.
Neelima mentioned that the victim is continuously targeted by the same abuser. With the passe of time the abuse rate increases. For example in the case of sexual abuse, the abuser in the initial stages shows his body parts and then it progresses to kissing, fondling, penetration and so on. And at the time he ensures to threat the child by abusing her physically and emotionally. Abuser simply try to convince the child that nobody would believe if they tell about the abuse.
However, such inappropriate sexual behaviour with a child such as fondling a child's genital, making the child fondle the adult's genital, intercourse, rape and sexual exploitation occurs because the respondent fails to express themselves after facing abuse. "Girls are least aware about such practices and secondly, they their parents due to some kind of physical abuse they experience at home.
Some girls are ashamed and feel guilty despite being subjected to fear and frustration.
Normally, the children who have been sexually exploited suffer from infection, genital injury, abdominal pain and urinary tract infection or behavioural problems. Besides, they face academic difficulties, concentration problem, depression, fear or shyness, insomnia and difficulty in learning.
Besides this, there are physical, emotional and neglect abuse. Physical abuse is one of the common abuse contributing to 72 per cent of the cases. In such cases, the child faces repeated beating and injuries, kicks, burns and other form of torture. As per the survey, a majority of children are either beaten by mother or schoolteacher. This is followed by emotional abuse. It includes verbal and mental abuse which leads to serious behavioural, emotional and mental disorders. Girls are even the victims of social abuse.
However, psychologist suggest that such unethical practices can be controlled if parents practice certain prevention strategies such as anger management and fill the communication gap between children and themselves.
21.2.11
Indian Express
Govt to bring in Bill to check sexual abuse of children
The government on Monday proposed to bring in a comprehensive legislation soon to prevent sexual abuse of children that will have provisions for stringent punishment for such offences.
In her address to joint sitting of both houses of Parliament, President Pratibha Patil said the government "proposes to introduce a bill regarding protection of children from sexual offences".
The new law will cover all new aspects of sexual offences against children not covered elsewhere with provision for stringent punishment.
Once through, this law will take precedence over any other existing law.
Congress President Sonia Gandhi was keen to see the bill through and had written to Women and Child Development (WCD) minister Krishna Tirath last year asking her to hasten the pace of the legislation focusing on sexual abuse of the children, sources said.
Amid reports of differences between ministries, she had asked the WCD ministry to coordinate with the Law Ministry which had already prepared a draft bill on similar lines.
The proposed legislation aims at protecting children against offences of sexual assault, sexual harassment, pornography and provide for establishment of special courts for trial of such offences.
The punishment for penetrative sexual assault has been proposed as at least five years in jail and a minimum fine of Rs 50,000. Sexual assault also includes fondling the child in an inappropriate way which will invite a penalty of minimum three years in jail.
There is a special provision preventing abuse of children for pornographic purpose or possessing pornographic material involving children. There will an obligation on media, studio and photographic facilities to report such cases and failure to do so will attract punishment.
To prevent misuse of this law, there is deterrent factor on false complaints and false information leading to six-month jail term.
There will be set procedure for media on reporting that would bar giving details of the victim and accused children's family or personal details or any form of reporting that can lead to their identification. Besides, it proposes special courts and more sensitive ways in dealing with crime against children.
In her address, Patil also touched upon the issue of protection of women against sexual harassment at workplace.
"The Protection of Women Against Sexual Harassment at Workplace Bill has also been introduced in Parliament," Patil said.
February 9, 2011
9.2.11
Times of India
COP OUT , Police Said No To FIR For 2 Days In Girls Rape
Mumbai: For two whole days,the Vakola police refused to lodge an FIR in the rape of a three-year-old girl because they were uncertain if the offence had taken place.
The kindergartner was allegedly raped on Thursday morning in her Santa Cruz (East) school,the Kalina Education Society school,by a watchman,Telam Singh.Later that day,the childs mother called on Vakola police station to register a complaint,but the police paid little heed.On Friday too,the cops did not act;instead,playing the role of an arbiter between the school administration and the mother.The FIR was eventually lodged on Saturday after the mother produced a medical certificate from Sion Hospital,and on Monday,the police arrested Singh for alleged rape along with two other school employees who allegedly attempted to hush up the incident.
Rajendra Pardesi,senior police inspector of Vakola police station,argued that the police had recorded the mothers statement on Thursday,but they did not register an FIR till Saturday because they were unsure if the girl had indeed been raped.
On Tuesday morning,a number of parents protested outside Kalina Education Society,demanding strict action against its staff for laxity.When the crowd grew angry and in size,the police stepped in.A few of the parents,accompanied by a local social worker,were later allowed into the school to survey the site of the crime and meet the school management.My house is just a half a kilometre from the school.My daughter is in fifth standard.Every day,she used to come with her friends,but the incident has forced me to accompany her, said a protesting father.The victim studies in Junior KG in the preprimary section of Kalina Education Society school.According to the police,Singh took the child to a toilet on Thursday morning and sexually assaulted her.When the three-year-old,bleeding profusely,raised an alarm,a peon (Rekha Kamble) and a teacher (Elison Mirinda) assaulted her and threatened her.But once home,the young victim told her mother about the incident.
The mother rushed the child to Vakola police station,where a female police inspector dismissed their complaint as an attempt at raising an unnecessary controversy after the examining the victims private parts.She said the girl had not been raped.
When the mother insisted on filing a complaint,the police summoned the school staff,but did not send the child for a medical exam.Over the next day and a half,the cops played arbiter between the school and the complainant.
Things changed only on Saturday when the mother took the girl to Sion Hospital,where doctors confirmed,after an examination,that the child had been raped.The local police at the hospital,thereafter,contacted the Vakola police,which finally lodged an FIR.
The Vakola police took the girl to the school,where she identified the accused and the site of the crime.With no options left,the police arrested Singh along with Kamble and Mirinda.
9.2.11
Times of India
'Kids must be encouraged to talk freely'
MUMBAI: City psychiatrists say the steady increase in child sex abuse cases has brought to light the importance of training children about the difference between 'good touch' and 'bad touch'. Parents particularly need to communicate with kids every day so they can feel free to say anything they consider unusual.
"One can't trust strangers anymore and this is the first thing a child should be taught. Don't ask kids to respect and follow the advice of all adults," said Dr Harish Shetty. He added that the busy lifestyle of parents is increasingly giving offenders chances to victimize children. "Regular interaction with children is very important and parents should always take statements made by children seriously, unless proved otherwise," Shetty said.
With a number of sexual offences taking place at schools, psychiatrists say, it is important for parents to stay in touch with school authorities. "Parents should know who their kids interact with on a daily basis. They should regularly go to the school and stay around their kids to know what they do. This not only boosts the child's confidence in parents, but also leaves offenders with the impression that the child is well protected," said Dr Shubhangi Parkar, head of the psychiatry wing of KEM Hospital. She added that parents should simply and gently explain to their kids the issues of 'good touch' and 'bad touch' and about keeping away from strangers.
Schools should be aware of where students are at any given point of time. There should be enough attendants in class to ensure the safety of younger kids. "Even teachers should encourage students to enquire about anything and everything they feel like," said Shetty.
Increasing cases of child sex abuse have left parents wondering the right age to discuss such issues with kids. "There is no right age anymore. Earlier, we had instances of 5- or 6-year-olds being raped, but now we hear cases of kids barely 2 or 3 years old being targeted," said Dr Yusuf Matcheswalla, adding that early detection of such cases and therapy is very important or else children might end up with a phobia of other people.
Times of India
COP OUT , Police Said No To FIR For 2 Days In Girls Rape
Mumbai: For two whole days,the Vakola police refused to lodge an FIR in the rape of a three-year-old girl because they were uncertain if the offence had taken place.
The kindergartner was allegedly raped on Thursday morning in her Santa Cruz (East) school,the Kalina Education Society school,by a watchman,Telam Singh.Later that day,the childs mother called on Vakola police station to register a complaint,but the police paid little heed.On Friday too,the cops did not act;instead,playing the role of an arbiter between the school administration and the mother.The FIR was eventually lodged on Saturday after the mother produced a medical certificate from Sion Hospital,and on Monday,the police arrested Singh for alleged rape along with two other school employees who allegedly attempted to hush up the incident.
Rajendra Pardesi,senior police inspector of Vakola police station,argued that the police had recorded the mothers statement on Thursday,but they did not register an FIR till Saturday because they were unsure if the girl had indeed been raped.
On Tuesday morning,a number of parents protested outside Kalina Education Society,demanding strict action against its staff for laxity.When the crowd grew angry and in size,the police stepped in.A few of the parents,accompanied by a local social worker,were later allowed into the school to survey the site of the crime and meet the school management.My house is just a half a kilometre from the school.My daughter is in fifth standard.Every day,she used to come with her friends,but the incident has forced me to accompany her, said a protesting father.The victim studies in Junior KG in the preprimary section of Kalina Education Society school.According to the police,Singh took the child to a toilet on Thursday morning and sexually assaulted her.When the three-year-old,bleeding profusely,raised an alarm,a peon (Rekha Kamble) and a teacher (Elison Mirinda) assaulted her and threatened her.But once home,the young victim told her mother about the incident.
The mother rushed the child to Vakola police station,where a female police inspector dismissed their complaint as an attempt at raising an unnecessary controversy after the examining the victims private parts.She said the girl had not been raped.
When the mother insisted on filing a complaint,the police summoned the school staff,but did not send the child for a medical exam.Over the next day and a half,the cops played arbiter between the school and the complainant.
Things changed only on Saturday when the mother took the girl to Sion Hospital,where doctors confirmed,after an examination,that the child had been raped.The local police at the hospital,thereafter,contacted the Vakola police,which finally lodged an FIR.
The Vakola police took the girl to the school,where she identified the accused and the site of the crime.With no options left,the police arrested Singh along with Kamble and Mirinda.
9.2.11
Times of India
'Kids must be encouraged to talk freely'
MUMBAI: City psychiatrists say the steady increase in child sex abuse cases has brought to light the importance of training children about the difference between 'good touch' and 'bad touch'. Parents particularly need to communicate with kids every day so they can feel free to say anything they consider unusual.
"One can't trust strangers anymore and this is the first thing a child should be taught. Don't ask kids to respect and follow the advice of all adults," said Dr Harish Shetty. He added that the busy lifestyle of parents is increasingly giving offenders chances to victimize children. "Regular interaction with children is very important and parents should always take statements made by children seriously, unless proved otherwise," Shetty said.
With a number of sexual offences taking place at schools, psychiatrists say, it is important for parents to stay in touch with school authorities. "Parents should know who their kids interact with on a daily basis. They should regularly go to the school and stay around their kids to know what they do. This not only boosts the child's confidence in parents, but also leaves offenders with the impression that the child is well protected," said Dr Shubhangi Parkar, head of the psychiatry wing of KEM Hospital. She added that parents should simply and gently explain to their kids the issues of 'good touch' and 'bad touch' and about keeping away from strangers.
Schools should be aware of where students are at any given point of time. There should be enough attendants in class to ensure the safety of younger kids. "Even teachers should encourage students to enquire about anything and everything they feel like," said Shetty.
Increasing cases of child sex abuse have left parents wondering the right age to discuss such issues with kids. "There is no right age anymore. Earlier, we had instances of 5- or 6-year-olds being raped, but now we hear cases of kids barely 2 or 3 years old being targeted," said Dr Yusuf Matcheswalla, adding that early detection of such cases and therapy is very important or else children might end up with a phobia of other people.
February 2, 2011
2.2.11
Times of India
Sexual offences bill: Govt talks of 2 versions
CHENNAI/NEW DELHI: The ministry of women and child development denied a TOI report that the draft Protection of Children from Sexual Offences Bill, 2010, proposes to permit consensual non-penetrative sex between 12-year-olds. It said the report seems to be quoting provisions of a draft prepared by the National Commission for Protection of Child Rights.
In its clarification, the ministry said the draft put up before the cabinet has the age of consent at 16. The proviso to Section 3 of the draft sent to states clearly mentions 16 as the age of consent for any sexual act and in any case of penetrative sexual assault on a child between 16 to 18 years of age, it has to be considered whether consent was taken, it said.
According to TN government sources, NCPCR had earlier recommended lowering the age of consent to 12 years and this was subsequently circulated to various states by the ministry of women and child development. But this version has since been superseded by another draft which retains the age of consent between 16 to 18 as under the Indian Penal Code. It is this draft which has, after consultations with the ministry of law, been sent for cabinet approval.
The move to circulate the draft which lowers the age of consent to 12 has, however, been criticized by child welfare groups. Says Raajmangal Prasad, chairperson of Delhi Child Welfare Committee, ''NCPCR does not have the mandate to send the draft directly to states unless it is its own initiative. The ministry had commissioned NCPCR to draft the bill and it cannot wash its hands of the matter.'' Prasad is also critical of the ministry's secretive ways of drafting legislation.
TOI had quoted Aparna Bhat, an SC lawyer who was part of the drafting committee, as saying that the decision to lower the age of consent for minors was aimed at decriminalizing sexual exploration by children.
Times of India
Sexual offences bill: Govt talks of 2 versions
CHENNAI/NEW DELHI: The ministry of women and child development denied a TOI report that the draft Protection of Children from Sexual Offences Bill, 2010, proposes to permit consensual non-penetrative sex between 12-year-olds. It said the report seems to be quoting provisions of a draft prepared by the National Commission for Protection of Child Rights.
In its clarification, the ministry said the draft put up before the cabinet has the age of consent at 16. The proviso to Section 3 of the draft sent to states clearly mentions 16 as the age of consent for any sexual act and in any case of penetrative sexual assault on a child between 16 to 18 years of age, it has to be considered whether consent was taken, it said.
According to TN government sources, NCPCR had earlier recommended lowering the age of consent to 12 years and this was subsequently circulated to various states by the ministry of women and child development. But this version has since been superseded by another draft which retains the age of consent between 16 to 18 as under the Indian Penal Code. It is this draft which has, after consultations with the ministry of law, been sent for cabinet approval.
The move to circulate the draft which lowers the age of consent to 12 has, however, been criticized by child welfare groups. Says Raajmangal Prasad, chairperson of Delhi Child Welfare Committee, ''NCPCR does not have the mandate to send the draft directly to states unless it is its own initiative. The ministry had commissioned NCPCR to draft the bill and it cannot wash its hands of the matter.'' Prasad is also critical of the ministry's secretive ways of drafting legislation.
TOI had quoted Aparna Bhat, an SC lawyer who was part of the drafting committee, as saying that the decision to lower the age of consent for minors was aimed at decriminalizing sexual exploration by children.
February 1, 2011
1.2.11
Times of India
Bill seeks to let 12-yr-olds have non-penetrative sex
CHENNAI: Twelve-year-old children will be legally permitted to have non-penetrative sex with children their age, according to a draft Protection of Children From Sexual Offences Bill, 2010, that has been sent to states by the ministry of women and child development for their views.
The Bill also seeks to introduce a gradation in the age of consensual non-penetrative sex (12-14 years and 14-16 years) against the existing age of consent for sex which is 16 years. It proposes that in case of the age group 12-14, the maximum age gap between partners should be two years. For the 14-16 group, the maximum gap should be three years.
The age of consent in the US is between 16 and 18 years, depending on the state they live in; in the UK it is 16. Spain has one of the lowest ages of consent, at 13 years.
While a senior official of the ministry of women and child development confirmed that the Bill has been sent to state governments, law minister Veerappa Moily said he was not aware of it. ``Twelve years is anyway not a proper age for a sexual act,`` he told TOI.
Section 3 of the proposed Bill lists under exceptions of unlawful sexual act with a child:
(i) Any consensual non-penetrative sexual act penalised by this chapter is not an offence when engaged in between two children who are both over 12 years of age and are either of the same age or whose ages are within two years of each other.
(ii) when engaged in between two persons who are both over 14 years of age and are either of the same age or whose ages are within three years of each other
The Bill will soon be sent to the cabinet, after which a parliamentary standing committee will scrutinise it. Suggestions and objections from the states will be considered then, said a senior official at the ministry of women and child development.
The law ministry too has been working on a similar Bill with an identical name, in which the age of consent is mentioned as 16 years, with no gradation as suggested by the new Bill. The circulation of two Bills with the same title has created confusion in the government.
Opinion on the minimum age are divided. Aparna Bhat, a Supreme Court lawyer who was part of a National Commission for Protection of Child Rights group that drafted the latest Bill said the gradation of age down to 12 years was to decriminalise sexual exploration by two children.
Under the existing law, if two 12-year-olds get physical and if one childs parent complains, the other can be pulled up by the Juvenile Justice Board. The panel felt such minor things should be decriminalised, she said.
Raaj Mangal, chairperson of Delhi Child Welfare Committee said the Bill could prove ``disastrous`` if it comes into effect. ``Twelve, given the mind and maturity of a child, is not an age to give consent, be it penetrative or non-penetrative sex. In the name of decriminalising, you can`t keep sexual acts between children out of the notice of the authorities,`` said Mangal.
Former CBI director RK Raghavan felt the attempt to draw a distinction between an act involving penetration and one not involving penetration will create confusion in the minds of investigators. ``Disputes regarding the age of the offender or the victim, which will be many, will dilute the objective of protecting children,`` he said.
Some others like Nina Nayak, chairperson of Karnataka State Commission for the protection of child rights, called the Bill ``absolutely unacceptable``. ``The Juvenile Justice Board is anyway lenient to children in conflict with law. Even if a minor rapes a minor, the child in conflict with law is just admonished and sent. There is no need of a new law to make sexual acts between children permissible,`` she said.
Times of India
Bill seeks to let 12-yr-olds have non-penetrative sex
CHENNAI: Twelve-year-old children will be legally permitted to have non-penetrative sex with children their age, according to a draft Protection of Children From Sexual Offences Bill, 2010, that has been sent to states by the ministry of women and child development for their views.
The Bill also seeks to introduce a gradation in the age of consensual non-penetrative sex (12-14 years and 14-16 years) against the existing age of consent for sex which is 16 years. It proposes that in case of the age group 12-14, the maximum age gap between partners should be two years. For the 14-16 group, the maximum gap should be three years.
The age of consent in the US is between 16 and 18 years, depending on the state they live in; in the UK it is 16. Spain has one of the lowest ages of consent, at 13 years.
While a senior official of the ministry of women and child development confirmed that the Bill has been sent to state governments, law minister Veerappa Moily said he was not aware of it. ``Twelve years is anyway not a proper age for a sexual act,`` he told TOI.
Section 3 of the proposed Bill lists under exceptions of unlawful sexual act with a child:
(i) Any consensual non-penetrative sexual act penalised by this chapter is not an offence when engaged in between two children who are both over 12 years of age and are either of the same age or whose ages are within two years of each other.
(ii) when engaged in between two persons who are both over 14 years of age and are either of the same age or whose ages are within three years of each other
The Bill will soon be sent to the cabinet, after which a parliamentary standing committee will scrutinise it. Suggestions and objections from the states will be considered then, said a senior official at the ministry of women and child development.
The law ministry too has been working on a similar Bill with an identical name, in which the age of consent is mentioned as 16 years, with no gradation as suggested by the new Bill. The circulation of two Bills with the same title has created confusion in the government.
Opinion on the minimum age are divided. Aparna Bhat, a Supreme Court lawyer who was part of a National Commission for Protection of Child Rights group that drafted the latest Bill said the gradation of age down to 12 years was to decriminalise sexual exploration by two children.
Under the existing law, if two 12-year-olds get physical and if one childs parent complains, the other can be pulled up by the Juvenile Justice Board. The panel felt such minor things should be decriminalised, she said.
Raaj Mangal, chairperson of Delhi Child Welfare Committee said the Bill could prove ``disastrous`` if it comes into effect. ``Twelve, given the mind and maturity of a child, is not an age to give consent, be it penetrative or non-penetrative sex. In the name of decriminalising, you can`t keep sexual acts between children out of the notice of the authorities,`` said Mangal.
Former CBI director RK Raghavan felt the attempt to draw a distinction between an act involving penetration and one not involving penetration will create confusion in the minds of investigators. ``Disputes regarding the age of the offender or the victim, which will be many, will dilute the objective of protecting children,`` he said.
Some others like Nina Nayak, chairperson of Karnataka State Commission for the protection of child rights, called the Bill ``absolutely unacceptable``. ``The Juvenile Justice Board is anyway lenient to children in conflict with law. Even if a minor rapes a minor, the child in conflict with law is just admonished and sent. There is no need of a new law to make sexual acts between children permissible,`` she said.
January 28, 2011
26.1.11
Times of India
Similar crime, varying verdicts in apex court - Despite Precedent, Spares Rapist-Killer Noose
New Delhi: The Supreme Court overcame a precedent in Dhananjoy Chatterjee, an apartment security guard sentenced to death for raping and killing a school girl, to reject capital punishment for a Gujarat watchman convicted in an identical case.
In 1994, the court had awarded the death penalty to Chatterjee, a 27-year-old married man, for the rape and murder of 18-year-old Hetal Parekh in her flat when her parents were away. The court rejected his mercy plea 10 years later and he was hanged in 2004.
Employed as a watchman at Sanudip Apartments in Surat, 28-year-old Ramesh Bhai Chandubhai Rathod was also married when he raped and murdered a 10-year-old class IV school girl when her parents were away on December 17, 1999. His conviction was upheld by the Supreme Court.
But, on punishment—life or death sentence—a bench of two judges was split. The issue was placed before a three-judge bench, which on Monday decided against death penalt and Rathod was given lifeand ordered that Rathod be lodged in jail for the rest of his life.
Was Rathod’s case any different than Chatterjee’s? If it was not and the crime appeared to be more brutal than the Kolkata one, why the difference in the sentence?
The bench of Justices H S Bedi, P Sathasivam and Chandramauli Kumar Prasad considered these questions and said: “We notice that there is a very thin line on facts which separates the award of a capital sentence from a life sentence in the case of rape and murder of a young child by a young man and the subjective opinion of individual judges as to the morality, efficacy or otherwise of a death sentence cannot entirely be ruled out.”
On Rathod’s sentence, the bench said: “We commute the death sentence awarded to him to life but direct that the life sentence must extend to the full life of the appellant subject to any remission or commutation at the instance of the government for good and sufficient reasons.”
Times of India
Similar crime, varying verdicts in apex court - Despite Precedent, Spares Rapist-Killer Noose
New Delhi: The Supreme Court overcame a precedent in Dhananjoy Chatterjee, an apartment security guard sentenced to death for raping and killing a school girl, to reject capital punishment for a Gujarat watchman convicted in an identical case.
In 1994, the court had awarded the death penalty to Chatterjee, a 27-year-old married man, for the rape and murder of 18-year-old Hetal Parekh in her flat when her parents were away. The court rejected his mercy plea 10 years later and he was hanged in 2004.
Employed as a watchman at Sanudip Apartments in Surat, 28-year-old Ramesh Bhai Chandubhai Rathod was also married when he raped and murdered a 10-year-old class IV school girl when her parents were away on December 17, 1999. His conviction was upheld by the Supreme Court.
But, on punishment—life or death sentence—a bench of two judges was split. The issue was placed before a three-judge bench, which on Monday decided against death penalt and Rathod was given lifeand ordered that Rathod be lodged in jail for the rest of his life.
Was Rathod’s case any different than Chatterjee’s? If it was not and the crime appeared to be more brutal than the Kolkata one, why the difference in the sentence?
The bench of Justices H S Bedi, P Sathasivam and Chandramauli Kumar Prasad considered these questions and said: “We notice that there is a very thin line on facts which separates the award of a capital sentence from a life sentence in the case of rape and murder of a young child by a young man and the subjective opinion of individual judges as to the morality, efficacy or otherwise of a death sentence cannot entirely be ruled out.”
On Rathod’s sentence, the bench said: “We commute the death sentence awarded to him to life but direct that the life sentence must extend to the full life of the appellant subject to any remission or commutation at the instance of the government for good and sufficient reasons.”
January 23, 2011
21.1.11
Times of India
Delhi again country’s rape capital
With 182 Rapes In 09,Mumbai 2nd On List
New Delhi: Delhi has never been very safe for women, and this is not just a perception.The crime figures for the national capital as compared to other cities in India for 2009 reveal that almost one-fourth of the rapes were reported from Delhi.Similarly,over one-third of kidnappings\abductions of women happened in Delhi,15% of dowry deaths and 14% of molestation cases.
The figures released by the National Crime Records Bureau (NCRB) of the home ministry on Thursday,show among 35 mega cities in India, Delhi reported 404 out of 1,696 rapes;1,379 out of total 3,544 of kidnapping and abduction of women,104 out of 684 of dowry deaths and 491 out of 3,477 of molestation during the period.
Among the states,the dubious distinction of the rape state has gone to Madhya Pradesh which had reported the highest number of rape cases (2,998),accounting for 14% of total such case reported in the country.
But if one looks at the figures of Incest Rape (that is rape by someone in the family),Chhattisgarh reported the highest number in all,107.
Incest rape cases have increased by 30.7%from 309 cases in 2008 to 404 cases in 2009 as compared to 0.3% decrease in overall rape cases.Crime experts say the highest number of rapes in the country is incest rapes,although they are often not reported.
Besides Delhi,the other cities which reported rapes in bigger number are Mumbai (182),Bhopal (117),Jabalpur (76),Jaipur (69) and Pune (67).Incidentally,most of the rapes were committed by those offenders who knew the victims.Overall,21,21,345 of the IPC cases (which include violent crimes like murder,attempt to murder,rape,culpable homicide not amounting to murder etc.) were reported in the country in 2009 as compared to 20,93,379 cases in 2008a marginal increase.
Among the cities,Delhi,Bangalore and Mumbai have accounted for 13.2%,9.4% and 9.1% respectively of the total crimesover one-third of the total crimes reported from 35 mega cities.
Times of India
Delhi again country’s rape capital
With 182 Rapes In 09,Mumbai 2nd On List
New Delhi: Delhi has never been very safe for women, and this is not just a perception.The crime figures for the national capital as compared to other cities in India for 2009 reveal that almost one-fourth of the rapes were reported from Delhi.Similarly,over one-third of kidnappings\abductions of women happened in Delhi,15% of dowry deaths and 14% of molestation cases.
The figures released by the National Crime Records Bureau (NCRB) of the home ministry on Thursday,show among 35 mega cities in India, Delhi reported 404 out of 1,696 rapes;1,379 out of total 3,544 of kidnapping and abduction of women,104 out of 684 of dowry deaths and 491 out of 3,477 of molestation during the period.
Among the states,the dubious distinction of the rape state has gone to Madhya Pradesh which had reported the highest number of rape cases (2,998),accounting for 14% of total such case reported in the country.
But if one looks at the figures of Incest Rape (that is rape by someone in the family),Chhattisgarh reported the highest number in all,107.
Incest rape cases have increased by 30.7%from 309 cases in 2008 to 404 cases in 2009 as compared to 0.3% decrease in overall rape cases.Crime experts say the highest number of rapes in the country is incest rapes,although they are often not reported.
Besides Delhi,the other cities which reported rapes in bigger number are Mumbai (182),Bhopal (117),Jabalpur (76),Jaipur (69) and Pune (67).Incidentally,most of the rapes were committed by those offenders who knew the victims.Overall,21,21,345 of the IPC cases (which include violent crimes like murder,attempt to murder,rape,culpable homicide not amounting to murder etc.) were reported in the country in 2009 as compared to 20,93,379 cases in 2008a marginal increase.
Among the cities,Delhi,Bangalore and Mumbai have accounted for 13.2%,9.4% and 9.1% respectively of the total crimesover one-third of the total crimes reported from 35 mega cities.
January 18, 2011
DNA
18.1.11
Top Mumbai police admits to crime spurt: 140 minors, 55 women raped
The Mumbai police on Monday said that cases of rapes of minor girls and other crimes against women are on the rise.
The statistics available with the Mumbai police show that 140 cases of rapes of minor girls were registered last year, whereas 128 were registered in 2009. Also, 469 cases of molestation were registered last year, compared to 395 in 2009.
“It has been seen that in 92% rape cases, the accused is known to the victim. While the cases of rape have increased, the detection rate has also gone up,” said Mumbai police commissioner Sanjeev Dayal.
Interestingly, statistics reveal that rape cases in which the accused was a relative, parent or close family member are few. In most, the victim is either abused by the neighbour or friends.
Citing a few important rape cases like the one involving senior police inspector Arun Borude and the Nehru Nagar serial rape case, Dayal said, “We are sensitive about a police official’s involvement in rape cases.
“The department acted quickly by dismissing Borude from service as soon as his name figured in the case. Also, in the Nehru Nagar rape cases, one case was solved with the arrest of one person. We are working on detecting the remaining two cases.
“We have come across information about people who left the city after the incident came to light.
“Efforts are on to trace them and get their DNA analysed. We have collected over 810 DNA samples.”
Suggesting a disturbing trend, the statistics show that there was a rise in the number of dowry death cases last year, as compared to 2009. However, dowry-related suicide cases and cases of mental and physical harassment for dowry came down last year, as compared to 2009.
The statistics also reveal that 46 brothels were closed down last year in the city. This is the highest number in the past five years.
The number of women rescued from the brothels was 370, including 15 minors.
“We have been taking the help of non-governmental organisations in rehabilitating the women rescued from brothels and prostitution rackets,” the police commissioner said.
18.1.11
Top Mumbai police admits to crime spurt: 140 minors, 55 women raped
The Mumbai police on Monday said that cases of rapes of minor girls and other crimes against women are on the rise.
The statistics available with the Mumbai police show that 140 cases of rapes of minor girls were registered last year, whereas 128 were registered in 2009. Also, 469 cases of molestation were registered last year, compared to 395 in 2009.
“It has been seen that in 92% rape cases, the accused is known to the victim. While the cases of rape have increased, the detection rate has also gone up,” said Mumbai police commissioner Sanjeev Dayal.
Interestingly, statistics reveal that rape cases in which the accused was a relative, parent or close family member are few. In most, the victim is either abused by the neighbour or friends.
Citing a few important rape cases like the one involving senior police inspector Arun Borude and the Nehru Nagar serial rape case, Dayal said, “We are sensitive about a police official’s involvement in rape cases.
“The department acted quickly by dismissing Borude from service as soon as his name figured in the case. Also, in the Nehru Nagar rape cases, one case was solved with the arrest of one person. We are working on detecting the remaining two cases.
“We have come across information about people who left the city after the incident came to light.
“Efforts are on to trace them and get their DNA analysed. We have collected over 810 DNA samples.”
Suggesting a disturbing trend, the statistics show that there was a rise in the number of dowry death cases last year, as compared to 2009. However, dowry-related suicide cases and cases of mental and physical harassment for dowry came down last year, as compared to 2009.
The statistics also reveal that 46 brothels were closed down last year in the city. This is the highest number in the past five years.
The number of women rescued from the brothels was 370, including 15 minors.
“We have been taking the help of non-governmental organisations in rehabilitating the women rescued from brothels and prostitution rackets,” the police commissioner said.
January 15, 2011
14.1.2011
Times of India
Victim takes up child trafficking cause
MUMBAI: Stolen from home and robbed of a childhood more than 30 years ago, Rani Tong, a victim of child trafficking, launched a battle against human trafficking through her NGO, Tronie Foundation, one that she set up with her husband Tron in 2006.
While Rani was trafficked from south India, Tron was a victim of trafficking in Vietnam. They now live in the US, a country where they were both carted to as children. On Thursday evening, Rani shared her story at a discussion on women,s empowerment at the American Centre, Mumbai.
Rani was born into an impoverished family in a village in Kerala. At seven, a woman in the village approached her mother and promised to look after Rani and provide her with the best education. With the assurance that she would be able to see her daughter every day, her mother agreed to hand over her daughter to the woman, who turned out to be a trafficker. Rani was stolen and taken to Tamil Nadu, a state whose language she did not know. "I was scared and alone. I was tortured, starved and beaten by my master, who wanted me to submit to his will," she says. "My body and mind shut down after the abuse. At the age of eight, I was totally broken," says Rani, who was on the verge of death at the time.
By then, her trafficker had little use for her, and sold her to an international adoption agency, where she was first transported to Canada, and from there to the US.
She credits her adoptive mother for helping her heal from the trauma.
"As a child slave, my captors said I had no voice. And now, so many people want to listen to what I have to say," says Rani, who has even been felicitated by the United Nations for her campaign against human trafficking.
Rani has travelled extensively through India, tracing the source of human trafficking, as well as the route taken to smuggle human beings from one state to the next. She has interviewed several victims of exploitation, who have joined her in her fight against human trafficking.
Over a decade ago, she even traced her roots to the village in Kerala where she once lived. It,s here that she was re-united with her family in 1999.
Times of India
Victim takes up child trafficking cause
MUMBAI: Stolen from home and robbed of a childhood more than 30 years ago, Rani Tong, a victim of child trafficking, launched a battle against human trafficking through her NGO, Tronie Foundation, one that she set up with her husband Tron in 2006.
While Rani was trafficked from south India, Tron was a victim of trafficking in Vietnam. They now live in the US, a country where they were both carted to as children. On Thursday evening, Rani shared her story at a discussion on women,s empowerment at the American Centre, Mumbai.
Rani was born into an impoverished family in a village in Kerala. At seven, a woman in the village approached her mother and promised to look after Rani and provide her with the best education. With the assurance that she would be able to see her daughter every day, her mother agreed to hand over her daughter to the woman, who turned out to be a trafficker. Rani was stolen and taken to Tamil Nadu, a state whose language she did not know. "I was scared and alone. I was tortured, starved and beaten by my master, who wanted me to submit to his will," she says. "My body and mind shut down after the abuse. At the age of eight, I was totally broken," says Rani, who was on the verge of death at the time.
By then, her trafficker had little use for her, and sold her to an international adoption agency, where she was first transported to Canada, and from there to the US.
She credits her adoptive mother for helping her heal from the trauma.
"As a child slave, my captors said I had no voice. And now, so many people want to listen to what I have to say," says Rani, who has even been felicitated by the United Nations for her campaign against human trafficking.
Rani has travelled extensively through India, tracing the source of human trafficking, as well as the route taken to smuggle human beings from one state to the next. She has interviewed several victims of exploitation, who have joined her in her fight against human trafficking.
Over a decade ago, she even traced her roots to the village in Kerala where she once lived. It,s here that she was re-united with her family in 1999.
January 13, 2011
MIDDAY, Delhi
Sodomised boy traced, sister disappears
By: Atul Krishan Date: 2010-12-21 Place: Delhi
The thirteen-year-old boy - one of the three siblings from central Delhi's Prasad Nagar, who were drugged and sodomised over 18 months, allegedly by their school cab driver and four other juveniles - was traced on Monday, after he went missing three days ago. But now his fourteen-year-old sister has gone missing.
Delhi police personnel are befuddled and plan to lodge a case of kidnapping. The boy had gone missing a day after Crime Branch, which is now looking into the matter, filed a chargesheet with a city court regarding the case. Police had also filed a kidnapping case regarding the boy who says he was abducted by one of the accused.
The sexual abuse was reported on September 17, when the kids' mother Rajkumari (name changed) informed one of her neighbours that her daughter and two sons were raped and sodomised by their cab driver Lalit Ratawal (32) and four juveniles for several months.
Though the mother came to know about it seven months later, she was threatened with dire consequences when she confronted the accused. She kept silent for a week before reporting the matter to police.
Times of India, Delhi
Dec 21st
Prasad Nagar victim found, says he was kidnapped
NEW DELHI: Seventy-two hours after he disappeared on Friday , the 13-year-old boy , who is one of the three victims in the shocking Prasad Nagar sexual abuse case , was found on Deshbandhu Gupta Road in central Delhi on Sunday evening . The boy was found while he was serving tea to a lady in a garment shop .
Neeta Khullar , the owner of the shop in Durga Chambers , explained , "The boy came to me serving tea around 4pm. Since he was well-dressed and didn't appear to be destitute, I asked him why he was working at such a young age . At first , he appeared scared and pretended that he had no family . But later I managed to cajole him into giving me his mother's number who I then called . I informed her that her child was safe and in my shop ."
Khullar , who runs an NGO said , "I was not aware that the child was linked to the Prasad Nagar case . It was only after I spoke to the mother that I realised what the situation was ." The victim claimed that he had been drugged , kidnapped and taken to a dark room . "I was beaten up and a CD with videos of our sexual abuse was snatched from me . I was threatened not to return to my residence or else they would harm my family . Then I was dropped off on Pusa Road on Saturday evening where a tea shop owner gave me refuge . I did not want to go back home because I was scared ," the boy said .
Subhash Nagar , a neighbour of the family and a social worker , said , "The boy told us that one of the accused , who is yet to be caught , allegedly drugged and kidnapped him while he was unconscious from outside his Taekwondo teacher's residence in Patel Nagar ."
Deputy commissioner of police (central ) Vivek Kishore confirmed that the boy had been recovered . "The boy is currently in our possession . As our investigations are going on , we cannot reveal anything further ," said DCP Kishore .
13.1.11
Hindustan Times, Delhi
Sexual abuse victims face mom’s wrath
In a new twist to the case of three Delhi siblings exploited sexually by their school cab driver for over a year, a city court has found their woes were compounded with the mother subjecting them to severe physical violence. “All the three child victims appear to have been physically assaulted
repeatedly while in the custody of their mother,” said additional sessions judge Santosh Snehi Mann in her order dismissing the bail plea of cab driver Lalit Ratawal.
Disturbed by the worsening plight of the children, the judge wanted the state to intervene in the matter to ensure chidlren's welfare.
The court made the "shocking and disturbing" findings in the medical reports of the three children examined on three different dates after the arrest of the accused on September 17 last year and when they were in the custody of their own mother. “The children, who are the victims of sexual assault, were constantly physically abused and appear to have been treated with utmost cruelty while in the custody of their mother.” PTI
Sodomised boy traced, sister disappears
By: Atul Krishan Date: 2010-12-21 Place: Delhi
The thirteen-year-old boy - one of the three siblings from central Delhi's Prasad Nagar, who were drugged and sodomised over 18 months, allegedly by their school cab driver and four other juveniles - was traced on Monday, after he went missing three days ago. But now his fourteen-year-old sister has gone missing.
Delhi police personnel are befuddled and plan to lodge a case of kidnapping. The boy had gone missing a day after Crime Branch, which is now looking into the matter, filed a chargesheet with a city court regarding the case. Police had also filed a kidnapping case regarding the boy who says he was abducted by one of the accused.
The sexual abuse was reported on September 17, when the kids' mother Rajkumari (name changed) informed one of her neighbours that her daughter and two sons were raped and sodomised by their cab driver Lalit Ratawal (32) and four juveniles for several months.
Though the mother came to know about it seven months later, she was threatened with dire consequences when she confronted the accused. She kept silent for a week before reporting the matter to police.
Times of India, Delhi
Dec 21st
Prasad Nagar victim found, says he was kidnapped
NEW DELHI: Seventy-two hours after he disappeared on Friday , the 13-year-old boy , who is one of the three victims in the shocking Prasad Nagar sexual abuse case , was found on Deshbandhu Gupta Road in central Delhi on Sunday evening . The boy was found while he was serving tea to a lady in a garment shop .
Neeta Khullar , the owner of the shop in Durga Chambers , explained , "The boy came to me serving tea around 4pm. Since he was well-dressed and didn't appear to be destitute, I asked him why he was working at such a young age . At first , he appeared scared and pretended that he had no family . But later I managed to cajole him into giving me his mother's number who I then called . I informed her that her child was safe and in my shop ."
Khullar , who runs an NGO said , "I was not aware that the child was linked to the Prasad Nagar case . It was only after I spoke to the mother that I realised what the situation was ." The victim claimed that he had been drugged , kidnapped and taken to a dark room . "I was beaten up and a CD with videos of our sexual abuse was snatched from me . I was threatened not to return to my residence or else they would harm my family . Then I was dropped off on Pusa Road on Saturday evening where a tea shop owner gave me refuge . I did not want to go back home because I was scared ," the boy said .
Subhash Nagar , a neighbour of the family and a social worker , said , "The boy told us that one of the accused , who is yet to be caught , allegedly drugged and kidnapped him while he was unconscious from outside his Taekwondo teacher's residence in Patel Nagar ."
Deputy commissioner of police (central ) Vivek Kishore confirmed that the boy had been recovered . "The boy is currently in our possession . As our investigations are going on , we cannot reveal anything further ," said DCP Kishore .
13.1.11
Hindustan Times, Delhi
Sexual abuse victims face mom’s wrath
In a new twist to the case of three Delhi siblings exploited sexually by their school cab driver for over a year, a city court has found their woes were compounded with the mother subjecting them to severe physical violence. “All the three child victims appear to have been physically assaulted
repeatedly while in the custody of their mother,” said additional sessions judge Santosh Snehi Mann in her order dismissing the bail plea of cab driver Lalit Ratawal.
Disturbed by the worsening plight of the children, the judge wanted the state to intervene in the matter to ensure chidlren's welfare.
The court made the "shocking and disturbing" findings in the medical reports of the three children examined on three different dates after the arrest of the accused on September 17 last year and when they were in the custody of their own mother. “The children, who are the victims of sexual assault, were constantly physically abused and appear to have been treated with utmost cruelty while in the custody of their mother.” PTI
January 10, 2011
http://www.skyvalleychronicle.com/BREAKING-NEWS/BRILLIANT-COMPUTER-SCIENTIST-TAKES-OWN-LIFE-BR-Leaves-behind-stunning-note-telling-of-childhood-sexual-abuse-563408
BRILLIANT COMPUTER SCIENTIST TAKES OWN LIFE
Leaves behind stunning note telling of childhood sexual abuse
January 08, 2011
PRINCETON, MASS.) --Bill Zeller, a 27-year old fifth-year graduate student in the computer science department at Princeton University died Wednesday night as a result of injuries and complications sustained in a suicide attempt.
What left his family, friends, fellow students and teachers in shock was what caused him to try to commit suicide.
Zeller left behind a 4,000 page suicide note describing how he had never been a fully functioning human being after being repeatedly raped as a small child.
If anyone wants to understand the effects that childhood sexual abuse can have on an individual for the rest of his or her life, tap into Zeller’s 4,000-word note describing the torment that has been his life since he was a young boy.
In the note Zeller described how repeated sexual abuse as a young child haunted him for the rest of his life, causing regular nightmares and limiting his ability to connect with other human beings.
Zeller's words are a heart-wrenching testament to just how much a child rapist steals from the child that is abused. In Zeller’s case, what was taken from him was the rest of his life. He had no joy, no hope, no peace, no future but the darkness that followed him everywhere.
Zeller did not name in the note who had raped him repeatedly as a child. It was not immediately known if the rapist had been caught and prosecuted years ago or if the rapist remained unknown to the police and/or Zeller’s parents.
The Princeton University campus newspaper The Princetonian ran an article about Zeller’s death and the note he left behind here
I have the urge to declare my sanity and justify my actions, but I
assume I'll never be able to convince anyone that this was the right
decision. Maybe it's true that anyone who does this is insane by
definition, but I can at least explain my reasoning. I considered not
writing any of this because of how personal it is, but I like tying up
loose ends and don't want people to wonder why I did this. Since I've
never spoken to anyone about what happened to me, people would likely
draw the wrong conclusions.
My first memories as a child are of being raped, repeatedly. This has
affected every aspect of my life. This darkness, which is the only way I
can describe it, has followed me like a fog, but at times intensified
and overwhelmed me, usually triggered by a distinct situation. In
kindergarten I couldn't use the bathroom and would stand petrified
whenever I needed to, which started a trend of awkward and unexplained
social behavior. The damage that was done to my body still prevents me
from using the bathroom normally, but now it's less of a physical
impediment than a daily reminder of what was done to me.
This darkness followed me as I grew up. I remember spending hours
playing with legos, having my world consist of me and a box of cold,
plastic blocks. Just waiting for everything to end. It's the same thing
I do now, but instead of legos it's surfing the web or reading or
listening to a baseball game. Most of my life has been spent feeling
dead inside, waiting for my body to catch up.
At times growing up I would feel inconsolable rage, but I never
connected this to what happened until puberty. I was able to keep the
darkness at bay for a few hours at a time by doing things that required
intense concentration, but it would always come back. Programming
appealed to me for this reason. I was never particularly fond of
computers or mathematically inclined, but the temporary peace it would
provide was like a drug. But the darkness always returned and built up
something like a tolerance, because programming has become less and less
of a refuge.
The darkness is with me nearly every time I wake up. I feel like a grime
is covering me. I feel like I'm trapped in a contimated body that no
amount of washing will clean. Whenever I think about what happened I
feel manic and itchy and can't concentrate on anything else. It
manifests itself in hours of eating or staying up for days at a time or
sleeping for sixteen hours straight or week long programming binges or
constantly going to the gym. I'm exhausted from feeling like this every
hour of every day.
Three to four nights a week I have nightmares about what happened. It
makes me avoid sleep and constantly tired, because sleeping with what
feels like hours of nightmares is not restful. I wake up sweaty and
furious. I'm reminded every morning of what was done to me and the
control it has over my life.
I've never been able to stop thinking about what happened to me and this
hampered my social interactions. I would be angry and lost in thought
and then be interrupted by someone saying "Hi" or making small talk,
unable to understand why I seemed cold and distant. I walked around,
viewing the outside world from a distant portal behind my eyes, unable
to perform normal human niceties. I wondered what it would be like to
take to other people without what happened constantly on my mind, and I
wondered if other people had similar experiences that they were better
able to mask.
Alcohol was also something that let me escape the darkness. It would
always find me later, though, and it was always angry that I managed to
escape and it made me pay. Many of the irresponsible things I did were
the result of the darkness. Obviously I'm responsible for every decision
and action, including this one, but there are reasons why things happen
the way they do.
Alcohol and other drugs provided a way to ignore the realities of my
situation. It was easy to spend the night drinking and forget that I had
no future to look forward to. I never liked what alcohol did to me, but
it was better than facing my existence honestly. I haven't touched
alcohol or any other drug in over seven months (and no drugs or alcohol
will be involved when I do this) and this has forced me to evaluate my
life in an honest and clear way. There's no future here. The darkness
will always be with me.
I used to think if I solved some problem or achieved some goal, maybe he
would leave. It was comforting to identify tangible issues as the source
of my problems instead of something that I'll never be able to change. I
thought that if I got into to a good college, or a good grad school, or
lost weight, or went to the gym nearly every day for a year, or created
programs that millions of people used, or spent a summer or California
or New York or published papers that I was proud of, then maybe I would
feel some peace and not be constantly haunted and unhappy. But nothing I
did made a dent in how depressed I was on a daily basis and nothing was
in any way fulfilling. I'm not sure why I ever thought that would change
anything.
I didn't realize how deep a hold he had on me and my life until my
first relationship. I stupidly assumed that no matter how the darkness
affected me personally, my romantic relationships would somehow be
separated and protected. Growing up I viewed my future relationships as
a possible escape from this thing that haunts me every day, but I began
to realize how entangled it was with every aspect of my life and how it
is never going to release me. Instead of being an escape, relationships
and romantic contact with other people only intensified everything about
him that I couldn't stand. I will never be able to have a relationship
in which he is not the focus, affecting every aspect of my romantic
interactions.
Relationships always started out fine and I'd be able to ignore him for
a few weeks. But as we got closer emotionally the darkness would return
and every night it'd be me, her and the darkness in a black and gruesome
threesome. He would surround me and penetrate me and the more we did the
more intense it became. It made me hate being touched, because as long
as we were separated I could view her like an outsider viewing something
good and kind and untainted. Once we touched, the darkness would
envelope her too and take her over and the evil inside me would surround
her. I always felt like I was infecting anyone I was with.
Relationships didn't work. No one I dated was the right match, and I
thought that maybe if I found the right person it would overwhelm him.
Part of me knew that finding the right person wouldn't help, so I became
interested in girls who obviously had no interest in me. For a while I
thought I was gay. I convinced myself that it wasn't the darkness at
all, but rather my orientation, because this would give me control over
why things didn't feel "right". The fact that the darkness affected
sexual matters most intensely made this idea make some sense and I
convinced myself of this for a number of years, starting in college
after my first relationship ended. I told people I was gay (at Trinity,
not at Princeton), even though I wasn't attracted to men and kept
finding myself interested in girls. Because if being gay wasn't the
answer, then what was? People thought I was avoiding my orientation, but
I was actually avoiding the truth, which is that while I'm straight, I
will never be content with anyone. I know now that the darkness will
never leave.
Last spring I met someone who was unlike anyone else I'd ever met.
Someone who showed me just how well two people could get along and how
much I could care about another human being. Someone I know I could be
with and love for the rest of my life, if I weren't so fucked up.
Amazingly, she liked me. She liked the shell of the man the darkness had
left behind. But it didn't matter because I couldn't be alone with her.
It was never just the two of us, it was always the three of us: her, me
and the darkness. The closer we got, the more intensely I'd feel the
darkness, like some evil mirror of my emotions. All the closeness we had
and I loved was complemented by agony that I couldn't stand, from him. I
realized that I would never be able to give her, or anyone, all of me or
only me. She could never have me without the darkness and evil inside
me. I could never have just her, without the darkness being a part of
all of our interactions. I will never be able to be at peace or content
or in a healthy relationship. I realized the futility of the romantic
part of my life. If I had never met her, I would have realized this as
soon as I met someone else who I meshed similarly well with. It's likely
that things wouldn't have worked out with her and we would have broken
up (with our relationship ending, like the majority of relationships do)
even if I didn't have this problem, since we only dated for a short
time. But I will face exactly the same problems with the darkness with
anyone else. Despite my hopes, love and compatability is not enough.
Nothing is enough. There's no way I can fix this or even push the
darkness down far enough to make a relationship or any type of intimacy
feasible.
So I watched as things fell apart between us. I had put an explicit time
limit on our relationship, since I knew it couldn't last because of the
darkness and didn't want to hold her back, and this caused a variety of
problems. She was put in an unnatural situation that she never should
have been a part of. It must have been very hard for her, not knowing
what was actually going on with me, but this is not something I've ever
been able to talk about with anyone. Losing her was very hard for me as
well. Not because of her (I got over our relationship relatively
quickly), but because of the realization that I would never have another
relationship and because it signified the last true, exclusive personal
connection I could ever have. This wasn't apparent to other people,
because I could never talk about the real reasons for my sadness. I was
very sad in the summer and fall, but it was not because of her, it was
because I will never escape the darkness with anyone. She was so loving
and kind to me and gave me everything I could have asked for under the
circumstances. I'll never forget how much happiness she brought me in
those briefs moments when I could ignore the darkness. I had originally
planned to kill myself last winter but never got around to it. (Parts of
this letter were written over a year ago, other parts days before doing
this.) It was wrong of me to involve myself in her life if this were a
possibility and I should have just left her alone, even though we only
dated for a few months and things ended a long time ago. She's just one
more person in a long list of people I've hurt.
I could spend pages talking about the other relationships I've had that
were ruined because of my problems and my confusion related to the
darkness. I've hurt so many great people because of who I am and my
inability to experience what needs to be experienced. All I can say is
that I tried to be honest with people about what I thought was true.
I've spent my life hurting people. Today will be the last time.
I've told different people a lot of things, but I've never told anyone
about what happened to me, ever, for obvious reasons. It took me a while
to realize that no matter how close you are to someone or how much they
claim to love you, people simply cannot keep secrets. I learned this a
few years ago when I thought I was gay and told people. The more harmful
the secret, the juicier the gossip and the more likely you are to be
betrayed. People don't care about their word or what they've promised,
they just do whatever the fuck they want and justify it later. It feels
incredibly lonely to realize you can never share something with someone
and have it be between just the two of you. I don't blame anyone in
particular, I guess it's just how people are. Even if I felt like this
is something I could have shared, I have no interest in being part of a
friendship or relationship where the other person views me as the
damaged and contaminated person that I am. So even if I were able to
trust someone, I probably would not have told them about what happened
to me. At this point I simply don't care who knows.
I feel an evil inside me. An evil that makes me want to end life. I need
to stop this. I need to make sure I don't kill someone, which is not
something that can be easily undone. I don't know if this is related to
what happened to me or something different. I recognize the irony of
killing myself to prevent myself from killing someone else, but this
decision should indicate what I'm capable of.
So I've realized I will never escape the darkness or misery associated
with it and I have a responsibility to stop myself from physically
harming others.
I'm just a broken, miserable shell of a human being. Being molested has
defined me as a person and shaped me as a human being and it has made me
the monster I am and there's nothing I can do to escape it. I don't know
any other existence. I don't know what life feels like where I'm apart
from any of this. I actively despise the person I am. I just feel
fundamentally broken, almost non-human. I feel like an animal that woke
up one day in a human body, trying to make sense of a foreign world,
living among creatures it doesn't understand and can't connect with.
I have accepted that the darkness will never allow me to be in a
relationship. I will never go to sleep with someone in my arms, feeling
the comfort of their hands around me. I will never know what
uncontimated intimacy is like. I will never have an exclusive bond with
someone, someone who can be the recipient of all the love I have to
give. I will never have children, and I wanted to be a father so badly.
I think I would have made a good dad. And even if I had fought through
the darkness and married and had children all while being unable to feel
intimacy, I could have never done that if suicide were a possibility. I
did try to minimize pain, although I know that this decision will hurt
many of you. If this hurts you, I hope that you can at least forget
about me quickly.
There's no point in identifying who molested me, so I'm just going to
leave it at that. I doubt the word of a dead guy with no evidence about
something that happened over twenty years ago would have much sway.
You may wonder why I didn't just talk to a professional about this. I've
seen a number of doctors since I was a teenager to talk about other
issues and I'm positive that another doctor would not have helped. I was
never given one piece of actionable advice, ever. More than a few spent
a large part of the session reading their notes to remember who I was.
And I have no interest in talking about being raped as a child, both
because I know it wouldn't help and because I have no confidence it
would remain secret. I know the legal and practical limits of
doctor/patient confidentiality, growing up in a house where we'd hear
stories about the various mental illnesses of famous people, stories
that were passed down through generations. All it takes is one doctor
who thinks my story is interesting enough to share or a doctor who
thinks it's her right or responsibility to contact the authorities and
have me identify the molestor (justifying her decision by telling
herself that someone else might be in danger). All it takes is a single
doctor who violates my trust, just like the "friends" who I told I was
gay did, and everything would be made public and I'd be forced to live
in a world where people would know how fucked up I am. And yes, I
realize this indicates that I have severe trust issues, but they're
based on a large number of experiences with people who have shown a
profound disrepect for their word and the privacy of others.
People say suicide is selfish. I think it's selfish to ask people to
continue living painful and miserable lives, just so you possibly won't
feel sad for a week or two. Suicide may be a permanent solution to a
temporary problem, but it's also a permanent solution to a ~23 year-old
problem that grows more intense and overwhelming every day.
Some people are just dealt bad hands in this life. I know many people
have it worse than I do, and maybe I'm just not a strong person, but I
really did try to deal with this. I've tried to deal with this every day
for the last 23 years and I just can't fucking take it anymore.
I often wonder what life must be like for other people. People who
can feel the love from others and give it back unadulterated, people who
can experience sex as an intimate and joyous experience, people who can
experience the colors and happenings of this world without constant
misery. I wonder who I'd be if things had been different or if I were a
stronger person. It sounds pretty great.
I'm prepared for death. I'm prepared for the pain and I am ready to no
longer exist. Thanks to the strictness of New Jersey gun laws this will
probably be much more painful than it needs to be, but what can you do.
My only fear at this point is messing something up and surviving.
---
I'd also like to address my family, if you can call them that. I despise
everything they stand for and I truly hate them, in a non-emotional,
dispassionate and what I believe is a healthy way. The world will be a
better place when they're dead--one with less hatred and intolerance.
If you're unfamiliar with the situation, my parents are fundamentalist
Christians who kicked me out of their house and cut me off financially
when I was 19 because I refused to attend seven hours of church a week.
They live in a black and white reality they've constructed for
themselves. They partition the world into good and evil and survive
by hating everything they fear or misunderstand and calling it love.
They don't understand that good and decent people exist all around us,
"saved" or not, and that evil and cruel people occupy a large percentage
of their church. They take advantage of people looking for hope by
teaching them to practice the same hatred they practice.
A random example:
"I am personally convinced that if a Muslim truly believes and obeys the
Koran, he will be a terrorist." - George Zeller, August 24, 2010.
If you choose to follow a religion where, for example, devout Catholics
who are trying to be good people are all going to Hell but child
molestors go to Heaven (as long as they were "saved" at some point),
that's your choice, but it's fucked up. Maybe a God who operates by
those rules does exist. If so, fuck Him.
Their church was always more important than the members of their family
and they happily sacrificed whatever necessary in order to satisfy
their contrived beliefs about who they should be.
I grew up in a house where love was proxied through a God I could never
believe in. A house where the love of music with any sort of a beat was
literally beaten out of me. A house full of hatred and intolerance, run
by two people who were experts at appearing kind and warm when others
were around. Parents who tell an eight year old that his grandmother is
going to Hell because she's Catholic. Parents who claim not to be racist
but then talk about the horrors of miscegenation. I could list hundreds
of other examples, but it's tiring.
Since being kicked out, I've interacted with them in relatively normal
ways. I talk to them on the phone like nothing happened. I'm not sure
why. Maybe because I like pretending I have a family. Maybe I like
having people I can talk to about what's been going on in my life.
Whatever the reason, it's not real and it feels like a sham. I should
have never allowed this reconnection to happen.
I wrote the above a while ago, and I do feel like that much of the time.
At other times, though, I feel less hateful. I know my parents honestly
believe the crap they believe in. I know that my mom, at least, loved me
very much and tried her best. One reason I put this off for so long is
because I know how much pain it will cause her. She has been sad since
she found out I wasn't "saved", since she believes I'm going to Hell,
which is not a sadness for which I am responsible. That was never going
to change, and presumably she believes the state of my physical body is
much less important than the state of my soul. Still, I cannot
intellectually justify this decision, knowing how much it will hurt her.
Maybe my ability to take my own life, knowing how much pain it will
cause, shows that I am a monster who doesn't deserve to live. All I know
is that I can't deal with this pain any longer and I'm am truly sorry I
couldn't wait until my family and everyone I knew died so this could be
done without hurting anyone. For years I've wished that I'd be hit by a
bus or die while saving a baby from drowning so my death might be more
acceptable, but I was never so lucky.
---
To those of you who have shown me love, thank you for putting up with
all my shittiness and moodiness and arbitrariness. I was never the
person I wanted to be. Maybe without the darkness I would have been a
better person, maybe not. I did try to be a good person, but I realize I
never got very far.
I'm sorry for the pain this causes. I really do wish I had another
option. I hope this letter explains why I needed to do this. If you
can't understand this decision, I hope you can at least forgive me.
Bill Zeller
---
Please save this letter and repost it if gets deleted. I don't want
people to wonder why I did this. I disseminated it more widely than I
might have otherwise because I'm worried that my family might try to
restrict access to it. I don't mind if this letter is made public. In
fact, I'd prefer it be made public to people being unable to read it and
drawing their own conclusions.
Feel free to republish this letter, but only if it is reproduced in its
entirety.
.
BRILLIANT COMPUTER SCIENTIST TAKES OWN LIFE
Leaves behind stunning note telling of childhood sexual abuse
January 08, 2011
PRINCETON, MASS.) --Bill Zeller, a 27-year old fifth-year graduate student in the computer science department at Princeton University died Wednesday night as a result of injuries and complications sustained in a suicide attempt.
What left his family, friends, fellow students and teachers in shock was what caused him to try to commit suicide.
Zeller left behind a 4,000 page suicide note describing how he had never been a fully functioning human being after being repeatedly raped as a small child.
If anyone wants to understand the effects that childhood sexual abuse can have on an individual for the rest of his or her life, tap into Zeller’s 4,000-word note describing the torment that has been his life since he was a young boy.
In the note Zeller described how repeated sexual abuse as a young child haunted him for the rest of his life, causing regular nightmares and limiting his ability to connect with other human beings.
Zeller's words are a heart-wrenching testament to just how much a child rapist steals from the child that is abused. In Zeller’s case, what was taken from him was the rest of his life. He had no joy, no hope, no peace, no future but the darkness that followed him everywhere.
Zeller did not name in the note who had raped him repeatedly as a child. It was not immediately known if the rapist had been caught and prosecuted years ago or if the rapist remained unknown to the police and/or Zeller’s parents.
The Princeton University campus newspaper The Princetonian ran an article about Zeller’s death and the note he left behind here
I have the urge to declare my sanity and justify my actions, but I
assume I'll never be able to convince anyone that this was the right
decision. Maybe it's true that anyone who does this is insane by
definition, but I can at least explain my reasoning. I considered not
writing any of this because of how personal it is, but I like tying up
loose ends and don't want people to wonder why I did this. Since I've
never spoken to anyone about what happened to me, people would likely
draw the wrong conclusions.
My first memories as a child are of being raped, repeatedly. This has
affected every aspect of my life. This darkness, which is the only way I
can describe it, has followed me like a fog, but at times intensified
and overwhelmed me, usually triggered by a distinct situation. In
kindergarten I couldn't use the bathroom and would stand petrified
whenever I needed to, which started a trend of awkward and unexplained
social behavior. The damage that was done to my body still prevents me
from using the bathroom normally, but now it's less of a physical
impediment than a daily reminder of what was done to me.
This darkness followed me as I grew up. I remember spending hours
playing with legos, having my world consist of me and a box of cold,
plastic blocks. Just waiting for everything to end. It's the same thing
I do now, but instead of legos it's surfing the web or reading or
listening to a baseball game. Most of my life has been spent feeling
dead inside, waiting for my body to catch up.
At times growing up I would feel inconsolable rage, but I never
connected this to what happened until puberty. I was able to keep the
darkness at bay for a few hours at a time by doing things that required
intense concentration, but it would always come back. Programming
appealed to me for this reason. I was never particularly fond of
computers or mathematically inclined, but the temporary peace it would
provide was like a drug. But the darkness always returned and built up
something like a tolerance, because programming has become less and less
of a refuge.
The darkness is with me nearly every time I wake up. I feel like a grime
is covering me. I feel like I'm trapped in a contimated body that no
amount of washing will clean. Whenever I think about what happened I
feel manic and itchy and can't concentrate on anything else. It
manifests itself in hours of eating or staying up for days at a time or
sleeping for sixteen hours straight or week long programming binges or
constantly going to the gym. I'm exhausted from feeling like this every
hour of every day.
Three to four nights a week I have nightmares about what happened. It
makes me avoid sleep and constantly tired, because sleeping with what
feels like hours of nightmares is not restful. I wake up sweaty and
furious. I'm reminded every morning of what was done to me and the
control it has over my life.
I've never been able to stop thinking about what happened to me and this
hampered my social interactions. I would be angry and lost in thought
and then be interrupted by someone saying "Hi" or making small talk,
unable to understand why I seemed cold and distant. I walked around,
viewing the outside world from a distant portal behind my eyes, unable
to perform normal human niceties. I wondered what it would be like to
take to other people without what happened constantly on my mind, and I
wondered if other people had similar experiences that they were better
able to mask.
Alcohol was also something that let me escape the darkness. It would
always find me later, though, and it was always angry that I managed to
escape and it made me pay. Many of the irresponsible things I did were
the result of the darkness. Obviously I'm responsible for every decision
and action, including this one, but there are reasons why things happen
the way they do.
Alcohol and other drugs provided a way to ignore the realities of my
situation. It was easy to spend the night drinking and forget that I had
no future to look forward to. I never liked what alcohol did to me, but
it was better than facing my existence honestly. I haven't touched
alcohol or any other drug in over seven months (and no drugs or alcohol
will be involved when I do this) and this has forced me to evaluate my
life in an honest and clear way. There's no future here. The darkness
will always be with me.
I used to think if I solved some problem or achieved some goal, maybe he
would leave. It was comforting to identify tangible issues as the source
of my problems instead of something that I'll never be able to change. I
thought that if I got into to a good college, or a good grad school, or
lost weight, or went to the gym nearly every day for a year, or created
programs that millions of people used, or spent a summer or California
or New York or published papers that I was proud of, then maybe I would
feel some peace and not be constantly haunted and unhappy. But nothing I
did made a dent in how depressed I was on a daily basis and nothing was
in any way fulfilling. I'm not sure why I ever thought that would change
anything.
I didn't realize how deep a hold he had on me and my life until my
first relationship. I stupidly assumed that no matter how the darkness
affected me personally, my romantic relationships would somehow be
separated and protected. Growing up I viewed my future relationships as
a possible escape from this thing that haunts me every day, but I began
to realize how entangled it was with every aspect of my life and how it
is never going to release me. Instead of being an escape, relationships
and romantic contact with other people only intensified everything about
him that I couldn't stand. I will never be able to have a relationship
in which he is not the focus, affecting every aspect of my romantic
interactions.
Relationships always started out fine and I'd be able to ignore him for
a few weeks. But as we got closer emotionally the darkness would return
and every night it'd be me, her and the darkness in a black and gruesome
threesome. He would surround me and penetrate me and the more we did the
more intense it became. It made me hate being touched, because as long
as we were separated I could view her like an outsider viewing something
good and kind and untainted. Once we touched, the darkness would
envelope her too and take her over and the evil inside me would surround
her. I always felt like I was infecting anyone I was with.
Relationships didn't work. No one I dated was the right match, and I
thought that maybe if I found the right person it would overwhelm him.
Part of me knew that finding the right person wouldn't help, so I became
interested in girls who obviously had no interest in me. For a while I
thought I was gay. I convinced myself that it wasn't the darkness at
all, but rather my orientation, because this would give me control over
why things didn't feel "right". The fact that the darkness affected
sexual matters most intensely made this idea make some sense and I
convinced myself of this for a number of years, starting in college
after my first relationship ended. I told people I was gay (at Trinity,
not at Princeton), even though I wasn't attracted to men and kept
finding myself interested in girls. Because if being gay wasn't the
answer, then what was? People thought I was avoiding my orientation, but
I was actually avoiding the truth, which is that while I'm straight, I
will never be content with anyone. I know now that the darkness will
never leave.
Last spring I met someone who was unlike anyone else I'd ever met.
Someone who showed me just how well two people could get along and how
much I could care about another human being. Someone I know I could be
with and love for the rest of my life, if I weren't so fucked up.
Amazingly, she liked me. She liked the shell of the man the darkness had
left behind. But it didn't matter because I couldn't be alone with her.
It was never just the two of us, it was always the three of us: her, me
and the darkness. The closer we got, the more intensely I'd feel the
darkness, like some evil mirror of my emotions. All the closeness we had
and I loved was complemented by agony that I couldn't stand, from him. I
realized that I would never be able to give her, or anyone, all of me or
only me. She could never have me without the darkness and evil inside
me. I could never have just her, without the darkness being a part of
all of our interactions. I will never be able to be at peace or content
or in a healthy relationship. I realized the futility of the romantic
part of my life. If I had never met her, I would have realized this as
soon as I met someone else who I meshed similarly well with. It's likely
that things wouldn't have worked out with her and we would have broken
up (with our relationship ending, like the majority of relationships do)
even if I didn't have this problem, since we only dated for a short
time. But I will face exactly the same problems with the darkness with
anyone else. Despite my hopes, love and compatability is not enough.
Nothing is enough. There's no way I can fix this or even push the
darkness down far enough to make a relationship or any type of intimacy
feasible.
So I watched as things fell apart between us. I had put an explicit time
limit on our relationship, since I knew it couldn't last because of the
darkness and didn't want to hold her back, and this caused a variety of
problems. She was put in an unnatural situation that she never should
have been a part of. It must have been very hard for her, not knowing
what was actually going on with me, but this is not something I've ever
been able to talk about with anyone. Losing her was very hard for me as
well. Not because of her (I got over our relationship relatively
quickly), but because of the realization that I would never have another
relationship and because it signified the last true, exclusive personal
connection I could ever have. This wasn't apparent to other people,
because I could never talk about the real reasons for my sadness. I was
very sad in the summer and fall, but it was not because of her, it was
because I will never escape the darkness with anyone. She was so loving
and kind to me and gave me everything I could have asked for under the
circumstances. I'll never forget how much happiness she brought me in
those briefs moments when I could ignore the darkness. I had originally
planned to kill myself last winter but never got around to it. (Parts of
this letter were written over a year ago, other parts days before doing
this.) It was wrong of me to involve myself in her life if this were a
possibility and I should have just left her alone, even though we only
dated for a few months and things ended a long time ago. She's just one
more person in a long list of people I've hurt.
I could spend pages talking about the other relationships I've had that
were ruined because of my problems and my confusion related to the
darkness. I've hurt so many great people because of who I am and my
inability to experience what needs to be experienced. All I can say is
that I tried to be honest with people about what I thought was true.
I've spent my life hurting people. Today will be the last time.
I've told different people a lot of things, but I've never told anyone
about what happened to me, ever, for obvious reasons. It took me a while
to realize that no matter how close you are to someone or how much they
claim to love you, people simply cannot keep secrets. I learned this a
few years ago when I thought I was gay and told people. The more harmful
the secret, the juicier the gossip and the more likely you are to be
betrayed. People don't care about their word or what they've promised,
they just do whatever the fuck they want and justify it later. It feels
incredibly lonely to realize you can never share something with someone
and have it be between just the two of you. I don't blame anyone in
particular, I guess it's just how people are. Even if I felt like this
is something I could have shared, I have no interest in being part of a
friendship or relationship where the other person views me as the
damaged and contaminated person that I am. So even if I were able to
trust someone, I probably would not have told them about what happened
to me. At this point I simply don't care who knows.
I feel an evil inside me. An evil that makes me want to end life. I need
to stop this. I need to make sure I don't kill someone, which is not
something that can be easily undone. I don't know if this is related to
what happened to me or something different. I recognize the irony of
killing myself to prevent myself from killing someone else, but this
decision should indicate what I'm capable of.
So I've realized I will never escape the darkness or misery associated
with it and I have a responsibility to stop myself from physically
harming others.
I'm just a broken, miserable shell of a human being. Being molested has
defined me as a person and shaped me as a human being and it has made me
the monster I am and there's nothing I can do to escape it. I don't know
any other existence. I don't know what life feels like where I'm apart
from any of this. I actively despise the person I am. I just feel
fundamentally broken, almost non-human. I feel like an animal that woke
up one day in a human body, trying to make sense of a foreign world,
living among creatures it doesn't understand and can't connect with.
I have accepted that the darkness will never allow me to be in a
relationship. I will never go to sleep with someone in my arms, feeling
the comfort of their hands around me. I will never know what
uncontimated intimacy is like. I will never have an exclusive bond with
someone, someone who can be the recipient of all the love I have to
give. I will never have children, and I wanted to be a father so badly.
I think I would have made a good dad. And even if I had fought through
the darkness and married and had children all while being unable to feel
intimacy, I could have never done that if suicide were a possibility. I
did try to minimize pain, although I know that this decision will hurt
many of you. If this hurts you, I hope that you can at least forget
about me quickly.
There's no point in identifying who molested me, so I'm just going to
leave it at that. I doubt the word of a dead guy with no evidence about
something that happened over twenty years ago would have much sway.
You may wonder why I didn't just talk to a professional about this. I've
seen a number of doctors since I was a teenager to talk about other
issues and I'm positive that another doctor would not have helped. I was
never given one piece of actionable advice, ever. More than a few spent
a large part of the session reading their notes to remember who I was.
And I have no interest in talking about being raped as a child, both
because I know it wouldn't help and because I have no confidence it
would remain secret. I know the legal and practical limits of
doctor/patient confidentiality, growing up in a house where we'd hear
stories about the various mental illnesses of famous people, stories
that were passed down through generations. All it takes is one doctor
who thinks my story is interesting enough to share or a doctor who
thinks it's her right or responsibility to contact the authorities and
have me identify the molestor (justifying her decision by telling
herself that someone else might be in danger). All it takes is a single
doctor who violates my trust, just like the "friends" who I told I was
gay did, and everything would be made public and I'd be forced to live
in a world where people would know how fucked up I am. And yes, I
realize this indicates that I have severe trust issues, but they're
based on a large number of experiences with people who have shown a
profound disrepect for their word and the privacy of others.
People say suicide is selfish. I think it's selfish to ask people to
continue living painful and miserable lives, just so you possibly won't
feel sad for a week or two. Suicide may be a permanent solution to a
temporary problem, but it's also a permanent solution to a ~23 year-old
problem that grows more intense and overwhelming every day.
Some people are just dealt bad hands in this life. I know many people
have it worse than I do, and maybe I'm just not a strong person, but I
really did try to deal with this. I've tried to deal with this every day
for the last 23 years and I just can't fucking take it anymore.
I often wonder what life must be like for other people. People who
can feel the love from others and give it back unadulterated, people who
can experience sex as an intimate and joyous experience, people who can
experience the colors and happenings of this world without constant
misery. I wonder who I'd be if things had been different or if I were a
stronger person. It sounds pretty great.
I'm prepared for death. I'm prepared for the pain and I am ready to no
longer exist. Thanks to the strictness of New Jersey gun laws this will
probably be much more painful than it needs to be, but what can you do.
My only fear at this point is messing something up and surviving.
---
I'd also like to address my family, if you can call them that. I despise
everything they stand for and I truly hate them, in a non-emotional,
dispassionate and what I believe is a healthy way. The world will be a
better place when they're dead--one with less hatred and intolerance.
If you're unfamiliar with the situation, my parents are fundamentalist
Christians who kicked me out of their house and cut me off financially
when I was 19 because I refused to attend seven hours of church a week.
They live in a black and white reality they've constructed for
themselves. They partition the world into good and evil and survive
by hating everything they fear or misunderstand and calling it love.
They don't understand that good and decent people exist all around us,
"saved" or not, and that evil and cruel people occupy a large percentage
of their church. They take advantage of people looking for hope by
teaching them to practice the same hatred they practice.
A random example:
"I am personally convinced that if a Muslim truly believes and obeys the
Koran, he will be a terrorist." - George Zeller, August 24, 2010.
If you choose to follow a religion where, for example, devout Catholics
who are trying to be good people are all going to Hell but child
molestors go to Heaven (as long as they were "saved" at some point),
that's your choice, but it's fucked up. Maybe a God who operates by
those rules does exist. If so, fuck Him.
Their church was always more important than the members of their family
and they happily sacrificed whatever necessary in order to satisfy
their contrived beliefs about who they should be.
I grew up in a house where love was proxied through a God I could never
believe in. A house where the love of music with any sort of a beat was
literally beaten out of me. A house full of hatred and intolerance, run
by two people who were experts at appearing kind and warm when others
were around. Parents who tell an eight year old that his grandmother is
going to Hell because she's Catholic. Parents who claim not to be racist
but then talk about the horrors of miscegenation. I could list hundreds
of other examples, but it's tiring.
Since being kicked out, I've interacted with them in relatively normal
ways. I talk to them on the phone like nothing happened. I'm not sure
why. Maybe because I like pretending I have a family. Maybe I like
having people I can talk to about what's been going on in my life.
Whatever the reason, it's not real and it feels like a sham. I should
have never allowed this reconnection to happen.
I wrote the above a while ago, and I do feel like that much of the time.
At other times, though, I feel less hateful. I know my parents honestly
believe the crap they believe in. I know that my mom, at least, loved me
very much and tried her best. One reason I put this off for so long is
because I know how much pain it will cause her. She has been sad since
she found out I wasn't "saved", since she believes I'm going to Hell,
which is not a sadness for which I am responsible. That was never going
to change, and presumably she believes the state of my physical body is
much less important than the state of my soul. Still, I cannot
intellectually justify this decision, knowing how much it will hurt her.
Maybe my ability to take my own life, knowing how much pain it will
cause, shows that I am a monster who doesn't deserve to live. All I know
is that I can't deal with this pain any longer and I'm am truly sorry I
couldn't wait until my family and everyone I knew died so this could be
done without hurting anyone. For years I've wished that I'd be hit by a
bus or die while saving a baby from drowning so my death might be more
acceptable, but I was never so lucky.
---
To those of you who have shown me love, thank you for putting up with
all my shittiness and moodiness and arbitrariness. I was never the
person I wanted to be. Maybe without the darkness I would have been a
better person, maybe not. I did try to be a good person, but I realize I
never got very far.
I'm sorry for the pain this causes. I really do wish I had another
option. I hope this letter explains why I needed to do this. If you
can't understand this decision, I hope you can at least forgive me.
Bill Zeller
---
Please save this letter and repost it if gets deleted. I don't want
people to wonder why I did this. I disseminated it more widely than I
might have otherwise because I'm worried that my family might try to
restrict access to it. I don't mind if this letter is made public. In
fact, I'd prefer it be made public to people being unable to read it and
drawing their own conclusions.
Feel free to republish this letter, but only if it is reproduced in its
entirety.
.
January 1, 2011
1.01.2011
DNA
When Indian women cry rape, it is likely to be genuine: HC
When a girl or woman in India alleges rape, there is a “built-in assurance” that the charge is genuine, observed the Bombay high court while dismissing the appeal of a father who repeatedly raped his 15-year-old daughter for nearly a year with the result that she delivered a child.
A division bench of justices DD Sinha and VK Tahilramani was hearing the appeal of Patrick Nathan, challenging the September 16, 2004, order of the additional sessions judge, Nashik, convicting him under section 376 (rape) of the Indian Penal Code and sentencing him to rigorous imprisonment for life.
The judges said corroboration of the testimony of a victim of sexual offence may be considered essential against the backdrop of the Western world’s social ecology. “But it is unnecessary to import the said concept and to transplant it on Indian soil regardless of the different atmosphere, attitudes, mores, responses of the Indian society and its profile,” they added. “Rarely will a girl or a woman in India make false allegations of sexual assault due to various psycho-social factors.”
According to the prosecution, Reena (name changed), an only child, resided with her father at Wagle Estate, Thane. Seven years prior to the incident, her mother left home and her whereabouts were unknown. Nathan worked in a liquor den and daily returned home drunk. In April 2002, he raped Reena. When she objected, he paid no heed and told her not to disclose it to anyone. He raped her on many occasions thereafter.
When she complained of stomach pain, a neighbour took her to a doctor who said she was pregnant. Reena said it was because of her father. Reena delivered a male child on June 7, 2003.
Nathan pleaded not guilty, saying he was implicated by his estranged wife. Neighbours testified that his wife left the house due to harassment. The first time she took Reena along, but Nathan traced her and brought them home.
The second time, she left alone and there was no news of her. They testified that they often heard Reena weeping and crying: “Father, leave me.” Reena told them that Nathan threatened to throw acid on her face. He stored it at home for throwing on his wife.
DNA
When Indian women cry rape, it is likely to be genuine: HC
When a girl or woman in India alleges rape, there is a “built-in assurance” that the charge is genuine, observed the Bombay high court while dismissing the appeal of a father who repeatedly raped his 15-year-old daughter for nearly a year with the result that she delivered a child.
A division bench of justices DD Sinha and VK Tahilramani was hearing the appeal of Patrick Nathan, challenging the September 16, 2004, order of the additional sessions judge, Nashik, convicting him under section 376 (rape) of the Indian Penal Code and sentencing him to rigorous imprisonment for life.
The judges said corroboration of the testimony of a victim of sexual offence may be considered essential against the backdrop of the Western world’s social ecology. “But it is unnecessary to import the said concept and to transplant it on Indian soil regardless of the different atmosphere, attitudes, mores, responses of the Indian society and its profile,” they added. “Rarely will a girl or a woman in India make false allegations of sexual assault due to various psycho-social factors.”
According to the prosecution, Reena (name changed), an only child, resided with her father at Wagle Estate, Thane. Seven years prior to the incident, her mother left home and her whereabouts were unknown. Nathan worked in a liquor den and daily returned home drunk. In April 2002, he raped Reena. When she objected, he paid no heed and told her not to disclose it to anyone. He raped her on many occasions thereafter.
When she complained of stomach pain, a neighbour took her to a doctor who said she was pregnant. Reena said it was because of her father. Reena delivered a male child on June 7, 2003.
Nathan pleaded not guilty, saying he was implicated by his estranged wife. Neighbours testified that his wife left the house due to harassment. The first time she took Reena along, but Nathan traced her and brought them home.
The second time, she left alone and there was no news of her. They testified that they often heard Reena weeping and crying: “Father, leave me.” Reena told them that Nathan threatened to throw acid on her face. He stored it at home for throwing on his wife.
December 21, 2010
20.12.10
Hindustan Times
Child abuse Bill to have biting powers
A child abuse Bill is getting closer to reality, with the Cabinet set to consider a special law in the coming few weeks. Union minister for women and child development Krishna Tirath told HT that she had sought cabinet approval for the Bill.
“The Indian Penal Code (IPC) does not distinguish between adult and child victims, and we are very clear about the need to protect innocent children from sexual abuse of any kind,” she said.
Source say child abuse by those in a position of trust and authority, repeat offences, and abuse of children in especially vulnerable circumstances, are set to become more serious crimes with extra stringent punishments.
The new Bill is likely to have certain path-breaking features, according more gravity to sexual abuse by family, guardians, and others who live in the same house.
Abuse by police officers, within police stations, officers of the armed forces or other security forces, public servants, and by employees in jails, remand homes, protection homes, observation homes, hospitals and educational institutions, would all be categorised as "aggravated" offences, it is known.
The law, if passed by Cabinet and subsequently Parliament, will take an equally harsh view of sexual assault committed on a child in the course of communal or sectarian violence. Aggravated offences will attract a term of not less than five years and may extend to seven years.
The ministry has also proposed that the amount of fine that accompanies such offences be left to the discretion of the courts with no upper limit.
The category of aggravated offences would also include any abuse of a child below the age of 12 or is physically or mentally challenged. The proposed Bill further views the use of weapons, fire, heated substances, poison, corrosive substances, explosive substances or animal, to cause sexual abuse, as aggravated offences too.
"The inclusion of these terms is in itself an indicator that unfortunately such offences have been committed in the past," a senior ministry official said.
Similarly, sexually assaulting a child as a result of which he/she becomes pregnant, mentally ill, or unfit to perform regular tasks, gets infected with HIV or any other life-threatening or lifestyle-impairing illness, would be aggravated offence
Hindustan Times
Child abuse Bill to have biting powers
A child abuse Bill is getting closer to reality, with the Cabinet set to consider a special law in the coming few weeks. Union minister for women and child development Krishna Tirath told HT that she had sought cabinet approval for the Bill.
“The Indian Penal Code (IPC) does not distinguish between adult and child victims, and we are very clear about the need to protect innocent children from sexual abuse of any kind,” she said.
Source say child abuse by those in a position of trust and authority, repeat offences, and abuse of children in especially vulnerable circumstances, are set to become more serious crimes with extra stringent punishments.
The new Bill is likely to have certain path-breaking features, according more gravity to sexual abuse by family, guardians, and others who live in the same house.
Abuse by police officers, within police stations, officers of the armed forces or other security forces, public servants, and by employees in jails, remand homes, protection homes, observation homes, hospitals and educational institutions, would all be categorised as "aggravated" offences, it is known.
The law, if passed by Cabinet and subsequently Parliament, will take an equally harsh view of sexual assault committed on a child in the course of communal or sectarian violence. Aggravated offences will attract a term of not less than five years and may extend to seven years.
The ministry has also proposed that the amount of fine that accompanies such offences be left to the discretion of the courts with no upper limit.
The category of aggravated offences would also include any abuse of a child below the age of 12 or is physically or mentally challenged. The proposed Bill further views the use of weapons, fire, heated substances, poison, corrosive substances, explosive substances or animal, to cause sexual abuse, as aggravated offences too.
"The inclusion of these terms is in itself an indicator that unfortunately such offences have been committed in the past," a senior ministry official said.
Similarly, sexually assaulting a child as a result of which he/she becomes pregnant, mentally ill, or unfit to perform regular tasks, gets infected with HIV or any other life-threatening or lifestyle-impairing illness, would be aggravated offence
December 20, 2010
15.12.10
Times of India
Switzerland drafts law to make incest legal
London: Incest could soon become legal in Switzerland as the Swiss government is considering repealing its laws on sexual relations between family members,according to a media report.
The government is claiming that the law banning incest is obsolete and there have been only three such cases since 1984,the Telegraph reported.
The upper house of the Swiss parliament has drafted a law decriminalizing sex between consenting family members which must now be considered by the government, it said.
Switzerland,which recently held a referendum passing a draconian law that will boot out foreigners convicted of committing the smallest of crimes,however,insists that children within families will continue to be protected by laws governing sexual abuse and paedophilia.Daniel Vischer,a Green party Minister of Parliament,said he saw nothing wrong with two consenting adults having sex,even if they were related.
Incest is a difficult moral question,but not one that is answered by penal law, he was quoted as saying.Barbara Schmid Federer of The Christian Peoples Party of Switzerland,however,said the proposal from the upper house was completely repugnant.I for one could not countenance painting out such a law from the statute books.
The Protestant Peoples Party is also opposed to decriminalizing the offence of incest which at present carries a maximum three year jail term.A spokesman for the party said: Murder is also quite rare in Switzerland but no one suggests that we remove that as an office from the statutes. PTI
18.12.10
Mumbai Mirror
14-yr-olds are UK’s youngest parents
The children began dating last Sept but are now confused over the future of their relationship
London A pair of school kids, both aged 14, have become UK’s youngest parents.
The baby was born last month weighing 8lb 14 oz, but the news of the birth was announced on Friday.
The two children, who are both still in school, are believed to be the youngest parents in the history of the country.
April Webster delivered a boy after getting pregnant when she and the child’s father Nathan Fishbourne were just 13, The Sun said of Webster who lives in Caerphilly, South Wales. The four-week-old child, Jamie, is living with Webster and her parents.
But Fishbourne said: “I’d love to have him at weekends - and April can have him five days during the week.”
The teenagers, who began having unprotected sex after they started dating in September last year, are also confused over the state of their relationship.
Webster said, “He has not turned his back on the baby but he’s asking to do things like have him stay over at his house and that has caused some arguments.” Fishbourne also admitted: “I’ve not thought about our future yet as that’s a long way off.”
However, the determined mum said, “Jamie wasn’t planned, but I’m going to be a great mum for him. He’s perfect and I’m going to give him everything he ever wants.”
20.12.10
Times of India
MP records highest rape cases in 2008
New Delhi: The number of rape cases across the country has increased with Madhya Pradesh reporting highest number of such crimes, according to an official data.
In most of these cases, the perpetrator of the crime was an acquaintance with the victim, according to data provided by the National Crime Records Bureau.
A total of 21,467 rape cases were reported in 2008, registering an increase of 3.5 per cent over the previous year. Provisional data for 2009 shows that 21,397 rape cases were reported during the year.
Madhya Pradesh reported as many as 2,937 cases, accounting for 13.7 per cent and highest of total rape cases, followed by West Bengal and Uttar Pradesh at 2,263 and 1,871 cases respectively.
These states were followed by Maharashtra (1,558), Assam (1,438), Rajasthan (1,355) and Bihar (1,302). The lowest number of cases were reported from Nagaland (19).
Women in the age-group of 18-30 years appeared most vulnerable to the crime.
In 2008, 57.2 per cent (12,299) of the victims were from this age group, only 0.5 per cent less than in 2007 (11,984). In as many as 91 per cent (19,542) of these cases, the offenders were known to the victims. Neighbours were accused in 33.1 per cent of rape cases.
Worried over these figures, the Consultative Committee of the Parliament attached to the Ministry of Women and Child Development at its recent meeting decided to focus on the principle of restorative justice to help the victims of the heinous crime survive.
"Rape is one of the most violent forms of crimes against women, which not only impacts her bodily integrity but in the long-run, impairs her capacity to develop meaningful personal and social relationships, and affects her life and livelihood," Minister of State for Women and Child Development Krishna Tirath said in the meeting.
She said the Supreme Court had directed the National Commission for Women (NCW) to evolve a "scheme so as to wipe out the tears of unfortunate victims of rape".
19.12.10
DNA
2010: The year crimes on minors sent shivers down Mumbai’s spine
This year, the city bore witness to several gruesome incidents in which minors were raped and murdered, leading to a public outcry that was widely covered by the media, highlighting the chilling fact that children in this city are far from safe. Here are some of them, which still remain unsolved despite massive pressure on the police.
Nehru Nagar nightmare
Of the many cases of child rape and murder registered this year, of the cases that continue to elude the police in spite of their best efforts and leads from the Forensic Science Laboratory, the Nehru Nagar cases have been the most high profile.
The first such one to light when the body of a five-year-old girl who had gone missing from near her residence, was found in the stairway of the eight-storey Slum Rehabilitation Authority (SRA) in the Vatsala Tai Nagar locality in Kurla, which falls under the jurisdiction of the Nehru Nagar police station.
The body was found in a gunny bag, which was covered with blood stains of the victim. A subsequent medical examination revealed that she had been repeatedly raped and then strangulated.
Less than a month later, Nehru Nagar police were alerted that a nine-year-old girl from the Qureshi Nagar locality near Kurla station was missing. A search was launched by people from the locality and authorities too jumped into action. Police officials alerted the control room and an extensive search was carried out in Kurla and nearby areas.
The railway police were also involved and wireless alerts were sent throughout the city to look for the girl.
The biggest shock came the next day, when the body of the victim was found dumped on the terrace of the police quarters building, located right opposite the Nehru Nagar police station. This time too, the body was found stained in blood and a medical examination revealed that the victim had been raped and then strangulated to death.
Clueless chaos
Subsequently, the Nehru Nagar police picked up several people for questioning. A person identified as Mohammad Ajmeri was arrested on charges of raping and killing the minor but his DNA did not match with that found on the victim’s body. In the absence of any other strong evidence against Ajmeri, he was released on bail.
It was later discovered that the DNA found on the bodies of both the victims was the same, pointing to the fact that the same person had committed both these heinous rape and murders.
The third case of rape and murder of a seven-year-old girl took place under the jurisdiction of the same police station which created a sensitive situation in the locality. People accused the police of not being able to control law and order, and preventing such incidents from happening.
Eleven days later, the body of the third victim was found in a locked shanty in a decomposed state. Medical examination of the body revealed that she was repeatedly raped for two days and then killed.
In response to the public outrage, several hundreds of people were picked up for questioning by the police and a record number of DNA samples of around 800 people were taken. One of these samples matched with the DNA found on the body of the third victim and led to the arrest of nineteen-year-old youth Javed Shaikh who is currently in custody at the Arthur Road jail.
Stumped once more
However, the arrest did little to calm the minds of concerned parents across the city when onceagain, a three-year-old boy went missing from his residence in Kajupada in Ghatkopar.
His body was found dumped in a cabin outside the Maharashtra Navnirman Vahtuk Sena (MNVS) office near Sunderbaug Industrial Estate in Kamani, around half a kilometre from the victim’s residence.
The victim’s throat had been slit using a sharp weapon. Local police and crime branch officials questioned more than a hundred people but the case remains unsolved till date. The motive behind the murder is still unclear but old injuries were found on the victim’s private parts which points out that the victim had been sexually abused prior to his murder.
A senior police officer said, “In the Nehru Nagar cases, the only evidence that the police have is the DNA samples. So a large number of suspects are being put through DNA tests so that the accused can be nabbed. The accused had used the same modus operandi in both the cases and we are working on a few other clues which will help us close in on the accused.”
Similarly in the Ghatkopar murder case, police have no evidence or clues about the accused but it is being suspected that someone known to the victim could be involved.
Apart from these high profile cases, several other incidents of rapes of minors were reported in the city this year. If numbers continue to rise, authorities will undoubtedly be held accountable, as the city has displayed an outward refusal to stand by and watch such horrors take place.
20.12.10
Times of India
Remand homes in a pathetic state
Mumbai:Juveniles sent to childrens remand homes face overcrowding,unhygienic conditions,sexual abuse by older inmates and lack of counselors.
According to city police sources,there is a shortage of such homes across the country.Sometimes,all juveniles aged 7 to 18 are housed under a single roof,leading to sexual abuse of the younger lot.The rehabilitation of children can also take a backseat to the misappropriation of funds.
Apolice source said the Dongri childrens home has a capacity for 450 boys and 150 girls,but is overcrowded.
State DGP D Sivanandhan said,The childrens and womens welfare department is responsible for any situation at Dongri. Varsha Gaikwad,minister of state for women and child development,said,I will check out the issues.If misappropriation or illegal activities are observed,then action will be taken against the guilty.
In November,the Bombay High Court appointed professor Asha Bajpai of the Tata Institute of Social Sciences as chairperson of the Maharashtra State Co-ordination Committee.The panel will advise the government on rehabilitation of juveniles.TNN
Parental support vital during counselling
Mumbai: City-based psychiatrists say that out of 10 juvenile delinquents,an average of six are successfully counselled to return to a normal life.According to psychiatrists,to achieve this success it can take just a day,or the counseling may stretch to a week,months,a year or even two.However,to bring about a transformation,the child must get proper and careful support from the parents or guardians before and after the counselling sessions, they say.
Through counselling,psychiatrists have identified peer pressure,a desire for lavish lifestyles,too much freedom from parents and even simple curiosity as triggers for juvenile crime.The basic reason for many children below 18 coming into conflict with the law is a desire to fulfill dreams through short cuts.They take a risk without thinking of the consequences.Getting used to the availability of easy money at home can also make a child get into trouble, said city-based psychiatrist Dr Harish Shetty,who has counselled over 5,000 juveniles in the city since 2005.
Hardly a decade ago,children stole a bicycle and sold it to fulfill an immediate need.As time passed,the situation changed and the younger generation has now graduated to committing thefts from neighbours,friends and even their own homes.They are pickpocketing,planning their own kidnappings and even forming gangs, said Shetty.
Shetty said that a lack of proper attention from parents can lead children down wrong paths.If the children are not made aware today,time will take them slowly and quietly,and with much anguish and bewilderment,into a confused world.So the need of the hour is to love the youth,and nurture,develop and give them strength before it is too late, said the psychiatrist.
Shetty said the term counselling has been rewritten and it is now a dialogue between the juvenile and the counsellor.If a counsellor behaves and treats the juvenile like a parent,then it is impossible for us to get in to their groove and solve their problem.It is a must for us to firstly think just like a child and gain their trust when starting the treatment, said Shetty.
In India,counsellors may use the EEG (electro-encephalogram ) brain-mapping test and psychological evaluation test to treat juveniles.According to Dr Supriya Ghase,To find out about the circumstances that leads juveniles to commit crime,they first use EEG,through which they learn about several problems,like soft neurological signs,behavioural disturbance signs,attention deficit hyperactivity disorder,etc.It helps the counsellor or medical practitioner choose which kind of therapy is best suited depending on the nature of the juvenile.
Times of India
Switzerland drafts law to make incest legal
London: Incest could soon become legal in Switzerland as the Swiss government is considering repealing its laws on sexual relations between family members,according to a media report.
The government is claiming that the law banning incest is obsolete and there have been only three such cases since 1984,the Telegraph reported.
The upper house of the Swiss parliament has drafted a law decriminalizing sex between consenting family members which must now be considered by the government, it said.
Switzerland,which recently held a referendum passing a draconian law that will boot out foreigners convicted of committing the smallest of crimes,however,insists that children within families will continue to be protected by laws governing sexual abuse and paedophilia.Daniel Vischer,a Green party Minister of Parliament,said he saw nothing wrong with two consenting adults having sex,even if they were related.
Incest is a difficult moral question,but not one that is answered by penal law, he was quoted as saying.Barbara Schmid Federer of The Christian Peoples Party of Switzerland,however,said the proposal from the upper house was completely repugnant.I for one could not countenance painting out such a law from the statute books.
The Protestant Peoples Party is also opposed to decriminalizing the offence of incest which at present carries a maximum three year jail term.A spokesman for the party said: Murder is also quite rare in Switzerland but no one suggests that we remove that as an office from the statutes. PTI
18.12.10
Mumbai Mirror
14-yr-olds are UK’s youngest parents
The children began dating last Sept but are now confused over the future of their relationship
London A pair of school kids, both aged 14, have become UK’s youngest parents.
The baby was born last month weighing 8lb 14 oz, but the news of the birth was announced on Friday.
The two children, who are both still in school, are believed to be the youngest parents in the history of the country.
April Webster delivered a boy after getting pregnant when she and the child’s father Nathan Fishbourne were just 13, The Sun said of Webster who lives in Caerphilly, South Wales. The four-week-old child, Jamie, is living with Webster and her parents.
But Fishbourne said: “I’d love to have him at weekends - and April can have him five days during the week.”
The teenagers, who began having unprotected sex after they started dating in September last year, are also confused over the state of their relationship.
Webster said, “He has not turned his back on the baby but he’s asking to do things like have him stay over at his house and that has caused some arguments.” Fishbourne also admitted: “I’ve not thought about our future yet as that’s a long way off.”
However, the determined mum said, “Jamie wasn’t planned, but I’m going to be a great mum for him. He’s perfect and I’m going to give him everything he ever wants.”
20.12.10
Times of India
MP records highest rape cases in 2008
New Delhi: The number of rape cases across the country has increased with Madhya Pradesh reporting highest number of such crimes, according to an official data.
In most of these cases, the perpetrator of the crime was an acquaintance with the victim, according to data provided by the National Crime Records Bureau.
A total of 21,467 rape cases were reported in 2008, registering an increase of 3.5 per cent over the previous year. Provisional data for 2009 shows that 21,397 rape cases were reported during the year.
Madhya Pradesh reported as many as 2,937 cases, accounting for 13.7 per cent and highest of total rape cases, followed by West Bengal and Uttar Pradesh at 2,263 and 1,871 cases respectively.
These states were followed by Maharashtra (1,558), Assam (1,438), Rajasthan (1,355) and Bihar (1,302). The lowest number of cases were reported from Nagaland (19).
Women in the age-group of 18-30 years appeared most vulnerable to the crime.
In 2008, 57.2 per cent (12,299) of the victims were from this age group, only 0.5 per cent less than in 2007 (11,984). In as many as 91 per cent (19,542) of these cases, the offenders were known to the victims. Neighbours were accused in 33.1 per cent of rape cases.
Worried over these figures, the Consultative Committee of the Parliament attached to the Ministry of Women and Child Development at its recent meeting decided to focus on the principle of restorative justice to help the victims of the heinous crime survive.
"Rape is one of the most violent forms of crimes against women, which not only impacts her bodily integrity but in the long-run, impairs her capacity to develop meaningful personal and social relationships, and affects her life and livelihood," Minister of State for Women and Child Development Krishna Tirath said in the meeting.
She said the Supreme Court had directed the National Commission for Women (NCW) to evolve a "scheme so as to wipe out the tears of unfortunate victims of rape".
19.12.10
DNA
2010: The year crimes on minors sent shivers down Mumbai’s spine
This year, the city bore witness to several gruesome incidents in which minors were raped and murdered, leading to a public outcry that was widely covered by the media, highlighting the chilling fact that children in this city are far from safe. Here are some of them, which still remain unsolved despite massive pressure on the police.
Nehru Nagar nightmare
Of the many cases of child rape and murder registered this year, of the cases that continue to elude the police in spite of their best efforts and leads from the Forensic Science Laboratory, the Nehru Nagar cases have been the most high profile.
The first such one to light when the body of a five-year-old girl who had gone missing from near her residence, was found in the stairway of the eight-storey Slum Rehabilitation Authority (SRA) in the Vatsala Tai Nagar locality in Kurla, which falls under the jurisdiction of the Nehru Nagar police station.
The body was found in a gunny bag, which was covered with blood stains of the victim. A subsequent medical examination revealed that she had been repeatedly raped and then strangulated.
Less than a month later, Nehru Nagar police were alerted that a nine-year-old girl from the Qureshi Nagar locality near Kurla station was missing. A search was launched by people from the locality and authorities too jumped into action. Police officials alerted the control room and an extensive search was carried out in Kurla and nearby areas.
The railway police were also involved and wireless alerts were sent throughout the city to look for the girl.
The biggest shock came the next day, when the body of the victim was found dumped on the terrace of the police quarters building, located right opposite the Nehru Nagar police station. This time too, the body was found stained in blood and a medical examination revealed that the victim had been raped and then strangulated to death.
Clueless chaos
Subsequently, the Nehru Nagar police picked up several people for questioning. A person identified as Mohammad Ajmeri was arrested on charges of raping and killing the minor but his DNA did not match with that found on the victim’s body. In the absence of any other strong evidence against Ajmeri, he was released on bail.
It was later discovered that the DNA found on the bodies of both the victims was the same, pointing to the fact that the same person had committed both these heinous rape and murders.
The third case of rape and murder of a seven-year-old girl took place under the jurisdiction of the same police station which created a sensitive situation in the locality. People accused the police of not being able to control law and order, and preventing such incidents from happening.
Eleven days later, the body of the third victim was found in a locked shanty in a decomposed state. Medical examination of the body revealed that she was repeatedly raped for two days and then killed.
In response to the public outrage, several hundreds of people were picked up for questioning by the police and a record number of DNA samples of around 800 people were taken. One of these samples matched with the DNA found on the body of the third victim and led to the arrest of nineteen-year-old youth Javed Shaikh who is currently in custody at the Arthur Road jail.
Stumped once more
However, the arrest did little to calm the minds of concerned parents across the city when onceagain, a three-year-old boy went missing from his residence in Kajupada in Ghatkopar.
His body was found dumped in a cabin outside the Maharashtra Navnirman Vahtuk Sena (MNVS) office near Sunderbaug Industrial Estate in Kamani, around half a kilometre from the victim’s residence.
The victim’s throat had been slit using a sharp weapon. Local police and crime branch officials questioned more than a hundred people but the case remains unsolved till date. The motive behind the murder is still unclear but old injuries were found on the victim’s private parts which points out that the victim had been sexually abused prior to his murder.
A senior police officer said, “In the Nehru Nagar cases, the only evidence that the police have is the DNA samples. So a large number of suspects are being put through DNA tests so that the accused can be nabbed. The accused had used the same modus operandi in both the cases and we are working on a few other clues which will help us close in on the accused.”
Similarly in the Ghatkopar murder case, police have no evidence or clues about the accused but it is being suspected that someone known to the victim could be involved.
Apart from these high profile cases, several other incidents of rapes of minors were reported in the city this year. If numbers continue to rise, authorities will undoubtedly be held accountable, as the city has displayed an outward refusal to stand by and watch such horrors take place.
20.12.10
Times of India
Remand homes in a pathetic state
Mumbai:Juveniles sent to childrens remand homes face overcrowding,unhygienic conditions,sexual abuse by older inmates and lack of counselors.
According to city police sources,there is a shortage of such homes across the country.Sometimes,all juveniles aged 7 to 18 are housed under a single roof,leading to sexual abuse of the younger lot.The rehabilitation of children can also take a backseat to the misappropriation of funds.
Apolice source said the Dongri childrens home has a capacity for 450 boys and 150 girls,but is overcrowded.
State DGP D Sivanandhan said,The childrens and womens welfare department is responsible for any situation at Dongri. Varsha Gaikwad,minister of state for women and child development,said,I will check out the issues.If misappropriation or illegal activities are observed,then action will be taken against the guilty.
In November,the Bombay High Court appointed professor Asha Bajpai of the Tata Institute of Social Sciences as chairperson of the Maharashtra State Co-ordination Committee.The panel will advise the government on rehabilitation of juveniles.TNN
Parental support vital during counselling
Mumbai: City-based psychiatrists say that out of 10 juvenile delinquents,an average of six are successfully counselled to return to a normal life.According to psychiatrists,to achieve this success it can take just a day,or the counseling may stretch to a week,months,a year or even two.However,to bring about a transformation,the child must get proper and careful support from the parents or guardians before and after the counselling sessions, they say.
Through counselling,psychiatrists have identified peer pressure,a desire for lavish lifestyles,too much freedom from parents and even simple curiosity as triggers for juvenile crime.The basic reason for many children below 18 coming into conflict with the law is a desire to fulfill dreams through short cuts.They take a risk without thinking of the consequences.Getting used to the availability of easy money at home can also make a child get into trouble, said city-based psychiatrist Dr Harish Shetty,who has counselled over 5,000 juveniles in the city since 2005.
Hardly a decade ago,children stole a bicycle and sold it to fulfill an immediate need.As time passed,the situation changed and the younger generation has now graduated to committing thefts from neighbours,friends and even their own homes.They are pickpocketing,planning their own kidnappings and even forming gangs, said Shetty.
Shetty said that a lack of proper attention from parents can lead children down wrong paths.If the children are not made aware today,time will take them slowly and quietly,and with much anguish and bewilderment,into a confused world.So the need of the hour is to love the youth,and nurture,develop and give them strength before it is too late, said the psychiatrist.
Shetty said the term counselling has been rewritten and it is now a dialogue between the juvenile and the counsellor.If a counsellor behaves and treats the juvenile like a parent,then it is impossible for us to get in to their groove and solve their problem.It is a must for us to firstly think just like a child and gain their trust when starting the treatment, said Shetty.
In India,counsellors may use the EEG (electro-encephalogram ) brain-mapping test and psychological evaluation test to treat juveniles.According to Dr Supriya Ghase,To find out about the circumstances that leads juveniles to commit crime,they first use EEG,through which they learn about several problems,like soft neurological signs,behavioural disturbance signs,attention deficit hyperactivity disorder,etc.It helps the counsellor or medical practitioner choose which kind of therapy is best suited depending on the nature of the juvenile.
December 14, 2010
9.12.10
Times of India
FBI issues warning over Barbie 'Video Girl' which could be used by paedophiles to make child pornography
Parents are being warned that a new Barbie doll that features a built-in video camera could be used as a tool by paedophiles to make child pornography.
The Barbie 'Video Girl', which is on sale in the UK and the U.S., has a hidden camera in the chest and a small LCD screen video display in her back.
A 'cyber crime alert' from the FBI has said the doll, which went on sale in July, could be used to record footage used for distribution by paedophiles.
It said: 'FBI investigation has revealed instances where an individual convicted of distributing child pornography had given a Barbie doll to a six-year-old girl.
The document went on to cite the findings of another investigation which found 'examples where a concealed video camera had recorded child pornography'.
That camera did not involve a doll, FBI agent Frederick Gutt said, but the possible combination of the two in a single device presents concerns for investigators.
There have been no recorded incidents of paedophiles using the Barbie 'Video Girl' to prey on young children.
The alert adds: 'Law enforcement is encouraged to be aware of unconventional avenues for possible production and possession of child pornography, such as the Barbie Video Girl.'
Video Girl can capture up to 30 minutes of footage and the video can be downloaded and streamed live to a computer. There is no indication it can be streamed directly to the internet.
The alert was written in the U.S. for law agencies only, but was mistakenly sent to media outlets in Seattle.
Agent Steve Dupre told CNN: 'It was an inadvertent dissemination of the document.
'There have been no reported incidents of this doll being used as anything other than as intended.'
William Porress, from Tacoma, Washington, said he would not buy one of the dolls for his six-year-old granddaughter.
'That plays into these people who prey upon our children's ideals. It frightens me.
'Oh, she would love it, but she's more important to me than a giggle on Christmas morning.'
A statement from Mattel Inc, which makes the doll, said: 'The FBI is not reporting that anything has happened. Steve Dupre from the FBI Sacramento field office has confirmed there have been no incidents of this doll being used as anything other than its intent.
'Mattel products are designed with children and their best interests in mind. Many of Mattel's employees are parents themselves and we understand the importance of child safety - it is our number one priority.'
The Barbie doll, which costs $49.99 (£32), is aimed at children six and above and has been nominated for the 2011 Toy of the Year Award.
13.12.10
Times of India
Sin city: 4 gangrapes in 2 mnths
Delhi Girl Raped As 600 Policemen Hunt For Car In Vain
New Delhi: In a city that witnesses at least one rape each day433 cases have occurred this year the report of yet another abduction and gangrape of a young woman has raised several questions about the safety of women in the national captial. Sundays gangrape was the fourth in the span of two months. The heinous act also shows the extent to which louts feel emboldened to harass women the resident of Sultanpuri was allegedly raped because she protested against lewd comments by criminals.
To make matters worse, the latest incident has raised questions about the efficiency of the police force. Six hundred policemen took two hours to find the woman even after they received a call that she had been abducted. By the time they found her, the 18-year-old had been gangraped inside a moving car by two men. Four people, including a minor, have been arrested.
As part of her routine, the victim would pick up her mother, who works in a Mongolpuri factory, whenever she worked extra hours. On Saturday night, on her way to her mothers factory, she was accompanied by her neighbour Ravi, said JCP (northern range) Karnal Singh. The accused Rama (28),Chandrapal (23),Dabbu (25) and a 14-year-old boy were out on a joyride in Ramas Hyundai Accent. All the three adults in the group work as drivers. None of the accused had any prior brush with the law, apart from Ravi who was involved in a fight in 2007.Police officers say Dabbu and the boy were not involved in the rape as they got off the car before it happened. The police found beer bottles from the car of the accused. Around 10.15 pm, the victim and her companion reached the Aman Vihar sector 20 park where they were accosted by the car occupants, who started passing lewd comments about her. The victim told us that the accused were drunk. When she protested, an argument broke out, said DCP Chhaya Sharma.
Describing the sequence of events, Sharma said the argument lasted for a few minutes before the accused decided to drive ahead.But the girl was angry and she snatched Ravis factory keys and smashed the rear glass of the car. The accused then allegedly decided to teach the victim a lesson. The four occupants then forced the girl inside the vehicle by tugging at her salwar suit and drove off towards the Nangloi railway crossing. Initially, the accused asked the girl to pay up for the damages. As punishment for her deed, the accused even beat her up. We found several cuts and bruises on her cheek, the DCP said.
About an hour later, after two of the accused Dabbu and the minor got off, Rama and Chandrapal took turns to rape her.
12.12.10
DNA
The second assault at police hospital
Rape victims at the Nagpada police hospital endure crude forensic examinations with no medical treatment; are subject to bullying by cops and callous hospital clerks; and many find the horrendous medico-legal procedures a nightmare as bad as the one inflicted on them by the rapist.
One December evening last year, four-year-old Priya, the daughter of a construction worker, was out playing near her house in Kalwa, northern Thane. They had only recently moved to a shanty there, after the municipal authorities found their house in Vikhroli to be ‘illegal’ and razed it.
A neighbourhood drug addict spotted Priya playing alone. He kidnapped her, took her to a secluded spot, raped her, and dumped her in a nearby swamp. Priya had lost consciousness and her inert body was fished out from the swamp. The rapist was caught by the police. Priya was taken to the hospital for a forensic examination and treatment — and there, she underwent an ordeal that was perhaps as heinous as the sexual assault she had suffered.
After the incident, the family moved back to Vikhroli, with the idea of taking the girl away from a place where she had undergone such trauma, to help her recover. But two months later, Priya still hadn’t stopped crying — she was in tremendous pain. She could not urinate, her genitals burned, she could not walk, and she could not even sit down without slivers of pain shooting through her body. While the sexual assault was the primary cause of all this, equally responsible was the lack of medical treatment at the hospital she had been taken to.
Manisha Tulbule, a lawyer and social worker who is handling Priya’s case, says the hospital did not give the girl even the basic medical attention any rape victim would require. “Priya had been taken to the Thane Civil Hospital immediately after the incident. But the hospital only did a forensic examination for rape. Vaginal swabs and blood tests were taken, but neither did they give her medical treatment, nor did they refer her to another hospital. They didn’t follow the standard procedures for rape victims, such as checking for STDs (sexually transmitted diseases) and HIV infections,” she says.
A solution worse than the problem
The hospital that Priya was taken to is not the only one at fault. In fact, treatment of rape victims in most public hospitals is dismal. The worst, according to activists, is the Nagpada Police Hospital, which receives over 1,000 rape cases in a year.
SM Patil is the police surgeon at this hospital, the demigod around whom the hospital bureaucracy revolves. He is a small man with a big moustache and a big pair of glasses. Bigger still is his brightly-lit office, opening on to a courtyard with a separate driveway. Big man that he is, he is naturally a busy man. He is part of a team that is drafting a new manual on how doctors and cops in Maharashtra should deal with victims of sexual assault.
After initial denials, he eventually admitted to this reporter that he was indeed drafting such a manual, along with members from the home department, the department of medical education, and the directorate of health services. But he wouldn’t talk about it.
Why this strange coyness in talking about what, on the surface, seems like a progressive step?
In February 2010, a public interest litigation (PIL) was filed in the Nagpur bench of the Bombay high court against the state of Maharashtra and the Union government. The PIL was based on a study by Dr Indrajit Khandekar, titled ‘Pitiable And Horrendous Quality Of Forensic Medical Examination Of The Sexually Assaulted Victims In India’. Dr Khandekar had scrutinised the manner in which rape victims were dealt with by police personnel and doctors.
In response, the Maharashtra government tried to ‘rectify’ the problem. So in June 2010, the government came up with a directive asking all government hospitals to use the Nagpada police hospital’s pro forma. The trouble is this ‘official’ pro forma is a source of humiliation all over again: it prescribes the two-finger test, takes a broad consent for all tests (no matter that the traumatised victim may not be comfortable with some specific tests), asks for, among other things, the mental state in which the victim reaches the hospital, and the victim’s build.
Of all these, the most execrable is the two-finger test. Researcher Aruna Kashyap published a study in August 2010, showing how the two-finger test is still being conducted in Indian hospitals. She showed how the defence counsel still uses this information in courts (if two-fingers can be inserted into the victim’s vagina) to term the victim a person of ‘loose’ moral character.
Kashyap is also shocked by other elements in the pro forma.
“What is the purpose of recording the victim’s ‘mental state’ and ‘build’?” she asks. “If the victim is small-built and she comes crying, then apparently there is a good chance that she was raped. But what if she has been raped, but is not of small build and is not weeping? Also, the victim should be allowed to decline certain tests that she might be uncomfortable with. One can’t take a broad consent, as is being done now. For instance, not everyone who has been raped just hours before, would be comfortable with the two-finger test.”
In fact, the pro forma is just part of the problem. In November 2008, the research and health advocacy group CEHAT observed for 10 days how the Nagpada hospital handled cases of sexual assault. They were shocked. “The clerk who was supposed to take down the victim’s details was actually talking to her in an accusatory tone. He was asking her, ‘How many times did you go out with the rapist?’, ‘Did you do some wrong thing with him?’, ‘Oh you went with him! Very good’,” says Padma Deosthali, coordinator, CEHAT, who was part of the team of researchers.
Times of India
FBI issues warning over Barbie 'Video Girl' which could be used by paedophiles to make child pornography
Parents are being warned that a new Barbie doll that features a built-in video camera could be used as a tool by paedophiles to make child pornography.
The Barbie 'Video Girl', which is on sale in the UK and the U.S., has a hidden camera in the chest and a small LCD screen video display in her back.
A 'cyber crime alert' from the FBI has said the doll, which went on sale in July, could be used to record footage used for distribution by paedophiles.
It said: 'FBI investigation has revealed instances where an individual convicted of distributing child pornography had given a Barbie doll to a six-year-old girl.
The document went on to cite the findings of another investigation which found 'examples where a concealed video camera had recorded child pornography'.
That camera did not involve a doll, FBI agent Frederick Gutt said, but the possible combination of the two in a single device presents concerns for investigators.
There have been no recorded incidents of paedophiles using the Barbie 'Video Girl' to prey on young children.
The alert adds: 'Law enforcement is encouraged to be aware of unconventional avenues for possible production and possession of child pornography, such as the Barbie Video Girl.'
Video Girl can capture up to 30 minutes of footage and the video can be downloaded and streamed live to a computer. There is no indication it can be streamed directly to the internet.
The alert was written in the U.S. for law agencies only, but was mistakenly sent to media outlets in Seattle.
Agent Steve Dupre told CNN: 'It was an inadvertent dissemination of the document.
'There have been no reported incidents of this doll being used as anything other than as intended.'
William Porress, from Tacoma, Washington, said he would not buy one of the dolls for his six-year-old granddaughter.
'That plays into these people who prey upon our children's ideals. It frightens me.
'Oh, she would love it, but she's more important to me than a giggle on Christmas morning.'
A statement from Mattel Inc, which makes the doll, said: 'The FBI is not reporting that anything has happened. Steve Dupre from the FBI Sacramento field office has confirmed there have been no incidents of this doll being used as anything other than its intent.
'Mattel products are designed with children and their best interests in mind. Many of Mattel's employees are parents themselves and we understand the importance of child safety - it is our number one priority.'
The Barbie doll, which costs $49.99 (£32), is aimed at children six and above and has been nominated for the 2011 Toy of the Year Award.
13.12.10
Times of India
Sin city: 4 gangrapes in 2 mnths
Delhi Girl Raped As 600 Policemen Hunt For Car In Vain
New Delhi: In a city that witnesses at least one rape each day433 cases have occurred this year the report of yet another abduction and gangrape of a young woman has raised several questions about the safety of women in the national captial. Sundays gangrape was the fourth in the span of two months. The heinous act also shows the extent to which louts feel emboldened to harass women the resident of Sultanpuri was allegedly raped because she protested against lewd comments by criminals.
To make matters worse, the latest incident has raised questions about the efficiency of the police force. Six hundred policemen took two hours to find the woman even after they received a call that she had been abducted. By the time they found her, the 18-year-old had been gangraped inside a moving car by two men. Four people, including a minor, have been arrested.
As part of her routine, the victim would pick up her mother, who works in a Mongolpuri factory, whenever she worked extra hours. On Saturday night, on her way to her mothers factory, she was accompanied by her neighbour Ravi, said JCP (northern range) Karnal Singh. The accused Rama (28),Chandrapal (23),Dabbu (25) and a 14-year-old boy were out on a joyride in Ramas Hyundai Accent. All the three adults in the group work as drivers. None of the accused had any prior brush with the law, apart from Ravi who was involved in a fight in 2007.Police officers say Dabbu and the boy were not involved in the rape as they got off the car before it happened. The police found beer bottles from the car of the accused. Around 10.15 pm, the victim and her companion reached the Aman Vihar sector 20 park where they were accosted by the car occupants, who started passing lewd comments about her. The victim told us that the accused were drunk. When she protested, an argument broke out, said DCP Chhaya Sharma.
Describing the sequence of events, Sharma said the argument lasted for a few minutes before the accused decided to drive ahead.But the girl was angry and she snatched Ravis factory keys and smashed the rear glass of the car. The accused then allegedly decided to teach the victim a lesson. The four occupants then forced the girl inside the vehicle by tugging at her salwar suit and drove off towards the Nangloi railway crossing. Initially, the accused asked the girl to pay up for the damages. As punishment for her deed, the accused even beat her up. We found several cuts and bruises on her cheek, the DCP said.
About an hour later, after two of the accused Dabbu and the minor got off, Rama and Chandrapal took turns to rape her.
12.12.10
DNA
The second assault at police hospital
Rape victims at the Nagpada police hospital endure crude forensic examinations with no medical treatment; are subject to bullying by cops and callous hospital clerks; and many find the horrendous medico-legal procedures a nightmare as bad as the one inflicted on them by the rapist.
One December evening last year, four-year-old Priya, the daughter of a construction worker, was out playing near her house in Kalwa, northern Thane. They had only recently moved to a shanty there, after the municipal authorities found their house in Vikhroli to be ‘illegal’ and razed it.
A neighbourhood drug addict spotted Priya playing alone. He kidnapped her, took her to a secluded spot, raped her, and dumped her in a nearby swamp. Priya had lost consciousness and her inert body was fished out from the swamp. The rapist was caught by the police. Priya was taken to the hospital for a forensic examination and treatment — and there, she underwent an ordeal that was perhaps as heinous as the sexual assault she had suffered.
After the incident, the family moved back to Vikhroli, with the idea of taking the girl away from a place where she had undergone such trauma, to help her recover. But two months later, Priya still hadn’t stopped crying — she was in tremendous pain. She could not urinate, her genitals burned, she could not walk, and she could not even sit down without slivers of pain shooting through her body. While the sexual assault was the primary cause of all this, equally responsible was the lack of medical treatment at the hospital she had been taken to.
Manisha Tulbule, a lawyer and social worker who is handling Priya’s case, says the hospital did not give the girl even the basic medical attention any rape victim would require. “Priya had been taken to the Thane Civil Hospital immediately after the incident. But the hospital only did a forensic examination for rape. Vaginal swabs and blood tests were taken, but neither did they give her medical treatment, nor did they refer her to another hospital. They didn’t follow the standard procedures for rape victims, such as checking for STDs (sexually transmitted diseases) and HIV infections,” she says.
A solution worse than the problem
The hospital that Priya was taken to is not the only one at fault. In fact, treatment of rape victims in most public hospitals is dismal. The worst, according to activists, is the Nagpada Police Hospital, which receives over 1,000 rape cases in a year.
SM Patil is the police surgeon at this hospital, the demigod around whom the hospital bureaucracy revolves. He is a small man with a big moustache and a big pair of glasses. Bigger still is his brightly-lit office, opening on to a courtyard with a separate driveway. Big man that he is, he is naturally a busy man. He is part of a team that is drafting a new manual on how doctors and cops in Maharashtra should deal with victims of sexual assault.
After initial denials, he eventually admitted to this reporter that he was indeed drafting such a manual, along with members from the home department, the department of medical education, and the directorate of health services. But he wouldn’t talk about it.
Why this strange coyness in talking about what, on the surface, seems like a progressive step?
In February 2010, a public interest litigation (PIL) was filed in the Nagpur bench of the Bombay high court against the state of Maharashtra and the Union government. The PIL was based on a study by Dr Indrajit Khandekar, titled ‘Pitiable And Horrendous Quality Of Forensic Medical Examination Of The Sexually Assaulted Victims In India’. Dr Khandekar had scrutinised the manner in which rape victims were dealt with by police personnel and doctors.
In response, the Maharashtra government tried to ‘rectify’ the problem. So in June 2010, the government came up with a directive asking all government hospitals to use the Nagpada police hospital’s pro forma. The trouble is this ‘official’ pro forma is a source of humiliation all over again: it prescribes the two-finger test, takes a broad consent for all tests (no matter that the traumatised victim may not be comfortable with some specific tests), asks for, among other things, the mental state in which the victim reaches the hospital, and the victim’s build.
Of all these, the most execrable is the two-finger test. Researcher Aruna Kashyap published a study in August 2010, showing how the two-finger test is still being conducted in Indian hospitals. She showed how the defence counsel still uses this information in courts (if two-fingers can be inserted into the victim’s vagina) to term the victim a person of ‘loose’ moral character.
Kashyap is also shocked by other elements in the pro forma.
“What is the purpose of recording the victim’s ‘mental state’ and ‘build’?” she asks. “If the victim is small-built and she comes crying, then apparently there is a good chance that she was raped. But what if she has been raped, but is not of small build and is not weeping? Also, the victim should be allowed to decline certain tests that she might be uncomfortable with. One can’t take a broad consent, as is being done now. For instance, not everyone who has been raped just hours before, would be comfortable with the two-finger test.”
In fact, the pro forma is just part of the problem. In November 2008, the research and health advocacy group CEHAT observed for 10 days how the Nagpada hospital handled cases of sexual assault. They were shocked. “The clerk who was supposed to take down the victim’s details was actually talking to her in an accusatory tone. He was asking her, ‘How many times did you go out with the rapist?’, ‘Did you do some wrong thing with him?’, ‘Oh you went with him! Very good’,” says Padma Deosthali, coordinator, CEHAT, who was part of the team of researchers.
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