A man was convicted of rape in Jerusalem in 2010 by a woman who accused him of posing as a “Jewish bachelor” with a “serious romantic” interest in her. The sex was not forced upon her but she would not have had sex with him had she not thought he was a Jewish bachelor with a serious romantic interest in her.
The law has an obligation to protect the common man from deceitful criminals and rape-by-deception is a throbbing topic of debate in criminal law circles in many countries. Among other elements, there are disagreements as to whether deception is enough for it to qualify as rape or is there need for force.
Henry Rayhons, 78, a former Republican state legislator in Iowa, was charged with sexually abusing his wife. She was an Alzheimer’s patient and the nursing home deemed she was cognitively unable to give consent. The staff later testified that they had a loving relationship and she was always happy to see him. Rayhons was found not guilty.
Such is the nature of cases that take place around the world concerning the right to self-possession, the right to bodily integrity.
The sexual assault that took took place during the Pohela Boishakh celebrations this year is yet another reminder of how far behind we are.
A group of men disrobe a woman in public and attack others who try to save her, and the authorities take no action because they are not sure if it is a big deal.
In a blatant disregard for accountability, the proctor asks: “Why should I resign?” The vice chancellor backs the proctor and says that they are all teachers and that it is not possible for them to control such incidents.
Meanwhile, the vice chancellor’s web page says that “he relentlessly fights for democracy, rule of law, peoples’ right to information and education through his inspirational speeches and writings. He always upholds the spirit of equality, liberty, peace and fellow-feeling principles which are essential in a democratic polity.”
What is essential in a democratic polity is accountability. That which our authorities shamelessly turn a blind eye to.
If they are unable to do their job, then they should step down. Make way for more capable people to take office. If the proctor and vice chancellor are not to be held answerable for misconduct in DU premises, then who else should we turn to? Such incidents have been reported before, why did they not have the right foresight and plan accordingly?
Lapse in judgement is one thing, arrogantly defending your right to a powerful position, instead of actively investigating the attack, is a whole different level of shameless entitlement that one can only see in Bangladesh. If only it could be preserved into a monument, it could attract hundreds of tourists.
If they truly were “upholders of equality, liberty and peace” they would have shown humility and resigned and the students would surely have pleaded to keep them in their rightful positions. Not the other way around.
And instead of leading the investigations, they are only trying to sweep it under the rug.
Some have made up their minds that “non-secular forces” are behind it. They think that this was an attempt by fundamentalists to prohibit women from participating in such celebrations. Others think You-Know-Who (student branch) is responsible for it.
But without an independent in-depth investigation, we shall never know.
And this is not something we can afford to not know. If fundamentalist forces are trying to systematically target women, then we have to know. If politically-backed thugs have become so rowdy and out of control that they have decided to not refrain from blatant displays of power and intimidation, then we also need to know.
The concept of self-ownership is enough to understand that what happened was wrong. Everyone, men and women, have the right to bodily integrity. Discussions about morality and virtue are redundant and posters or banners saying “what if she was your sister?” is aiming at the wrong emotions.
You cannot pull at someone’s clothes unless you are a toddler asking for attention. Also, since women in our culture are always taught to cover their bodies, especially their chest, the stigma and trauma of the assault can be higher for a woman.
These incidents always draw an array of emotions. And many discussions take place ranging from security to women’s rights to religious fundamentalism to political thugs -- and rightly so. However, what we absolutely need to see right now are the men responsible behind bars and the VC and proctor’s resignation.
We are far, far behind when it comes to having discussions on ethics, and women’s bodies are still mythical creatures to many. A mythical creature that many want to see. But when they see it, it is deemed vulgar and they want to attack what they see. No writer ever has been able to come up with a creature that arouses so many conflicting emotions in the beholder.
The discussions must continue with full fervour, but right now -- arrest the men and down with the VC and proctor!