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Victimology and Rape: The Case of the Legitimate Victim

Victimology[1] in Layman terms means the study of the victims of crime and the psychological effects of their experience. The victim is the most significant and grieved-over party in any criminal justice system. Victim of Crime is not specified in any legislation by the Indian Legislature or Court. There is a widespread belief in India that victims do not have enough legal safeguards and rights, and as a result, they are viewed as the underserved and neglected group throughout the criminal justice system.

The victim’s decision to tell others about a criminal act can occasionally be stressful in and of itself.

To start again in life, sexual assault victims need a healthier psychological environment. Yet, India’s infrastructure for victim assistance is extremely weak, and the government’s abject inability to address victim rehabilitation is the most significant element contributing to the victim’s suffering and misfortune[2].

The goal of this critical essay is to investigate the issues that rape victims experience, such as the denial of their right to life and personal liberty. being made to endure awkward processes and questions from those outside the court as well as from inside. Her public persona has been used for exploitation by the media and the persons involved[3]. Interference from different political parties or turning it into a political issue.

The victims are denied access to some rehabilitative and after-care services due to the legal, medical, and mental health systems’ unresponsiveness to requests for help. These unfavourable situations are referred to as second rapes or secondary victimisation. The victim feels like they have been violated or raped again as a result of the psychological trauma and improper responses[4].

This essay also takes note of the pertinent judicial decrees that aim to grant victims the right to rehabilitation and makes modifications that it is thought the system needs to do in order to better serve the requirements of crime victims.

Although the legal definition of rape is unambiguous and straightforward, the public and police frequently use a much more limited “working” definition of rape as a result of prejudice, widespread stereotypes about rape and rapists, and challenges in obtaining admissibility and convincing evidence to prove a rape case, establishing a rape case is very difficult indeed.

Only if the attacker is a dangerous stranger, the victim reports the rape as soon as it happens, and she has proof of both the attack and her active resistance is it considered a rape[5].

Both the phrase and the notion of victimisation refer to societal mechanisms[6] that leave the victim helpless and even partially culpable for the occurrence before, during, and after it occurs. Victimization includes the victim’s preparation for the crime, his or her experience during the crime, as well as the treatment and reactions the victim will get in the aftermath of the crime