This article is written by Kritika Garg from National Law University Odisha. This is an exhaustive article which explains the ghost rape case and the punishment of rape worldwide.
Table of Contents
Introduction
Rape has been one of the most heinous forms of crimes committed across the globe. Defined as a form of sexual assault involving any sort of sexual intercourse or other forms of sexual penetration committed against a person without his/her consent, it has become so persistent that around 35% of women worldwide face some sort of sexual harassment at some point in their lifetime. The data further suggests that in most of the countries the crime goes unreported as less than 40% of women who face abuse come out to seek help. Further, the percentage of women seeking legal help is less than 10%. While the aforementioned data is saddening, what is more depressing, is the ‘Ghost Rape’ case, wherein the crime of rape inflicted upon women of the Mennonite community by a group of 9 men of the same community was believed to be a crime committed by demons or ghosts. Women were not only left to accept it as their fate but no action was taken for their protection until the truth was revealed. More than 130 women became the victims of the offence for more than 4 years until the offenders were caught and arrested.
Victims of rape do not suffer only when the crime is being inflicted upon them, rather it becomes suffering for the rest of the life as they are often looked down upon in the society. They suffer from physical, social and psychological abuse without any fault of theirs. Thus, there has always been a dire need for strict laws against this heinous crime.
Different countries deal with the crime with different laws. While several countries have come up with some of the strongest laws against the crime, there are still some countries which provide ways to the offenders to escape from the punishment.
This article focuses upon the Ghost Rape case of Bolivia and the punishments that are inflicted upon the convicts of rape by different countries.
Ghost Rapes of Bolivia
In 2009, eight men of the Mennonite community were arrested in Manitoba colony in Bolivia for using the animal-anaesthetic spray in order to drug and rape 130 women of the community.
Women used to wake up naked with blood and semen stains across their bedsheets with no memory of the last night. There was no clarity as to how a woman who slept clothed, woke up naked with fingerprints all over the body. The incidents made the residents believe that demons were actually raping the women of the colony.
Women initially tried everything to stop the rapes. They tried locking the house, staying up all night, but nothing proved fruitful as the rapes continued, with nobody having an idea as to who was doing it and how to stop it. Even the complaints made to the council of Church ministers who were governing the colony bore no fruits. Women did not know what to do and, thus, accepted it as their fate.
However, one night, in June 2009, two men were caught trying to enter a house. On being caught, they called their friends and it was revealed that it is a group of 9 Manitoba people, aged between 19-43 years who had been raping women of the colony since 2005. They confessed that they used a spray, adapted from a chemical used to anaesthetize cows, to incapacitate women and any other witness present there before committing the crime.
As per the confessions, the rapists used to hide outside the room of the victim, spray the chemical on the family members through the window and then crawl inside to rape the women. However, the trial revealed the entire picture of their crime. The rapists raped girls and women belonging to the age group of 3-65. The girls and women were married, single, residents and even visitors.
In 2011, the person who created the spray was sentenced to 12 years of imprisonment whereas the rapists were sentenced to 25 years of imprisonment. The reports suggest that there were 130 victims, however, it is believed that the actual figure is much higher than what is recorded.
The crime which was named as ‘Ghost Rapes’ was actually a crime committed by the actual men of the colony and what is more shocking is the fact that even when the initial perpetrators are behind the bars, the practice of raping women by drugging them still persists.
Punishment of Rape worldwide
Different countries have different laws regarding rape. While rape is one of the most persistent and cruellest forms of crimes worldwide, the laws against it are either insufficient or not enforced systematically. There are countries like Lebanon which provide a way for rapists to escape the punishment by marrying the victim. Further, countries like India do not have any laws against rape within a marriage.
This is one of the major reasons as to why the crime has been rising at an alarming rate since the past few years. However, there are countries which believe that rapists deserve to be served with cruel punishment.
Here is a look at some of the countries which provide the strictest laws against rape by inflicting death sentence upon rapists.
China
China is one such country which provides strict punishment to rapists. Rapists are first made to go through genital mutilation after which they are sentenced to death.
However, the major issue with the rape laws of China is the awarding of death sentence directly without a trial session. This leads to punishing the innocents as well. The laws point to the autocratic leadership that persists in China.
Saudi Arabia
Saudi Arabia is another country with very strict laws against rape. The convicts are beheaded publicly after being administered with sedatives.
North Korea
North Korea, being a dictatorship country, awards cruel punishment to rapists. Rapists are awarded the death sentence directly. They are shot down by the firing squad publicly.
Egypt
Egypt also awards death sentence to the offenders of rape and the punishment is carried out by hanging the rapists to death.
Afghanistan
Afghanistan is another country with laws awarding death sentences to rapists. The punishment is inflicted upon the rapists by shooting them in their head or hanging them to death within 4 days of their convictions.
Iran
Iran is another country which awards death sentence to rapists. The punishment is inflicted upon the convict either by hanging him to death or by shooting him down publicly. However, if the victim allows, then the convict can escape the death penalty. However, he still remains liable for 100 lashes publicly.
Greece
Greece is another country which has some strict laws to punish rapists. Rapists are punished with incarceration on being found guilty.
UAE
UAE is another country which awards death sentence to rapists. Rapists are hanged to death within 7 days of conviction.
However, there are countries which too have strict laws against rape but do not necessarily provide a death sentence. Most of these countries provide life imprisonment to the convicts.
USA
Punishment to rapists defers on the basis of the trial being conducted under the state law or federal law. The federal law sentences the convict with imprisonment for a few years which may be extended to life imprisonment depending upon the brutality of the case, whereas the state law differs from state to state. For instance, the punishment of rape in Massachusetts ranges from 10 years to life imprisonment whereas it is 2 years to a life term in Michigan.
Netherlands
The Netherlands is the country which considers even kiss without consent as rape. Rapists are punished with imprisonment ranging from 4 to 15 years, depending upon the age of the convict. Further, the country punishes people who inflict sexual assault on a prostitute with an imprisonment of 4 years.
Russia
Russia also punishes rapists with imprisonment which could range anywhere between 3 years to 30, depending upon the damage caused to the victim.
Norway
Norway also provides rape laws which award imprisonment to rapists ranging from a period of 4 to 15 years, depending upon the brutality and damage caused to the victim.
Israel
Israel is another country which awards imprisonment to the convicts of rape ranging from 4 to 16 years.
France
France is another country which awards imprisonment to the convicts. Rapists are sentenced to 15 years of imprisonment which could be further extended to 20 years, depending upon the brutality and damage inflicted upon the victim. In case of death of the victim, the convict is sentenced to 30 years of criminal imprisonment.
India
After the Nirbhaya rape case of 2012, the rape laws of the country were thoroughly amended. The scope of the definition of rape was enhanced and various forms of sexual assault were included within the definition of rape. The Anti Rape Bill, 2013 made the convicts of rape liable for an imprisonment of 14 years. Further, the death sentence is awarded in the rarest of rare cases as per the ‘Doctrine of rarest of rare cases’ propounded in the case of Bachan Singh v. State of Punjab.
Countries with no rape laws
While the above-mentioned countries provide strict laws against rape, there are countries which do not have laws against rape. Countries like Ghana, Indonesia, Jordan, Lesotho, Nigeria, Oman, Singapore, Sri Lanka, India and Tanzania have no law against marital rape. Rape of a woman by her husband is not an offence in these countries.
Countries like Bahrain, Iraq, Jordan, Kuwait, Lebanon, Palestine, Philippines, Tajikistan, and Tunisia provide a way to the convict to escape the punishment by marrying the victim. Victims are forced to marry the perpetrators against their will.
Further, marriage can validate rape in countries including Greece, Russia, Serbia, and Thailand, if the victim and the perpetrator were in a sexual relationship or the victim is too young to give consent as per the law of the country.
Conclusion
Sexual assault or rape does not only affect the life of the victim but also affects the entire community. There have been several cases across the globe where the perpetrators have walked free even after committing such a heinous crime. This sends a wrong message in the community that rape is not a serious crime and it can be bargained away with easily. It’s not just a denial of justice to the victim, rather it’s a message which promotes sexual assault and rape.
Reformation in the rape laws is the need of the hour. Countries with no laws against marital rape need to bring laws that criminalize marital rape. It is important to note that reformation in the rape laws is not enough to end this evil. South Africa has a rape rate of 132.4 incidents per 10000 people which is the highest in the world. A survey revealed that 1 out of 4 men in South Africa admitted to having committed rape. Even after strengthening of rape laws by enacting the Criminal Law Amendment Act, 2007, the rape cases have continued to rise. Even countries with strict rape laws have a high number of incidences.l Therefore, the countries need better implementation of the laws in order to prevent the crime.
Further, widespread victim-blaming, stereotypes, and myths prevent the victim from accessing justice. In the US, the rape rate is 27.3 per 10000 persons. It is believed that rape cases go highly unreported in the US and other countries because of victim-shaming, fear of reprisal, and fear of shame. Social support is really essential for the victims so that they can speak for themselves without the fear of being rejected by society.
The culture and social norms of considering rape talks as a taboo needs to be scrapped as well. In China ‘being raped is considered as a shameful act which should not be talked about’. Victims often remain silent about the abuse that they face, giving way for rapists to escape.
Therefore, it has become extremely crucial for society to change its view about rape, and for the states to implement laws effectively in order to put an end to the evil of sexual assault and rape.
References
- https://worldpopulationreview.com/countries/rape-statistics-by-country/.
- https://www.equalitynow.org/sites/default/files/EqualityNowRapeLawReport2017_Single%20Pages.pdf
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