Open Access Research Article
A Known Relationship: World Within Our Families (Sexual Child Abuse) (By- Sudhangee)
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Article Details
A Known
Relationship: World Within Our Families
(Sexual
Child Abuse)
Authored By- Sudhangee
Abstract
From the day we are born, our parents
teach us to be aware of the strangers we meet. That we should be careful whom
we call our friend; we should be careful whom we let hold our hands. They tell
us that the outside world is not as sweet as it looks like, it has its own
devilish side. But about the world that lies within the families, those people
are not strangers, family is supposed to be loving, family is supposed to help
you walk the right path. But what if it is the one thing that deviates you from
your set path. It ends up traumatizing you. Why don’t we teach our kids that we
need to be more careful when we are with “Family”. Why don’t we teach them that
the world we live in with our family is more devilish than the world with
strangers? In India every 15 minutes a rape is reported. In almost 94% of the cases, the offenders were known to the
victims - family members, friends, live-in partners, employers or others, the
data showed. So why don’t we teach our kids to be safe from the ones whom we
call our own. Every 4th rape victim in India is a minor, who does
not know what is happening with them, because family is supposed to be loving
but living with a devilish family is more traumatizing than living with a
stranger. Because at least with strangers we are careful, but with loved ones
we tend to be free. This study investigates rapes within families. In
15,972 of the total 33,356 rape cases reported in 2018, the offenders were
either family friends or neighbor or employer or other known person, while in
12,568 cases, the offenders were friends or online friends or live-in partner
on pretext of marriage or separated husband, the data states (NCRB data). At
the age when little kids are supposed to be playing with their fathers, their
aunts, their cousins, and 1 out of 4 is getting either sexually molested or
raped by one of their role figures. And the fact that they don’t even know
what’s happening with them is disgusting. By the time they understand what
happened or is happening with them it’s already late. How is a 5 year old is
supposed to know what’s the meaning of “RAPE”, how do we expect our little
kids to stand against
their fathers, brothers, all they know is , ‘ Father and Brother loves me.’
They will shut their mouth if you give them a chocolate because for them it’s
all that matters. Why don’t we first teach our little kids to be aware about the
ones present in our house? Why don’t we talk about sex education with our kids
that might help them get aware about the devil creatures, teach our kids that
if it pains and in return they offer you a chocolate to not tell about this
filthy secret to anyone IS NOT OKAY. The
real Satan lives with us & ready to do the satanic things to us whenever he
gets a chance. Is touching your daughter okay, is touching your son okay, is
touching your cousin okay when they are in the stage where they look up to you
!! Why don’t we teach our kids to be safe from The ones we call family. Is
keeping quiet the solution of it?
Review
Literature:
Below are some relevant studies that
have been taken up for the purpose of literature review articles taken from
some journals, books, etc which tell us some authors’ point of view towards
this particular issue.
1. Author:
Elizabeth Ward
Book:
The Father-Daughter Rape (Published – 1984)
v In her
book Elizabeth Ward said that in mostly all the cases the sexual offenders were
the male figures of the family. She also stated in her book that in almost all
the cases the rape victims wanted to tell it to someone, wanted to share their
story but they were never heard. It is believed that the rape victim's call for
help, which is frequently directed toward the mother, is ignored by the mother
because acknowledging the rape poses a threat to a cohesive family structure.
Rape is often prompted by the perception that women are accessible, powerless
victims. It is concluded that as long as the male has power to rule, rape will
continue.[1]
2. Author: Johanna Stiebert
Manuscript: Brother, Sister, Rape: The Hebrew Bible & Popular Culture (Published: 15 February 2018)
In both
contemporary discourses and a surprising number of popular culture texts (including
film and television), sibling incest between a brother and sister is a topic of
titillation. What is disturbing about the vast majority of these discourses is
that the “consent” of the sister is often undermined, or rendered dubious by
her vulnerability. Much like the myth of the “seductive daughter,” the
“up-for-it sister” is a figment of voyeuristic fantasy, a woman objectified and
exploited. Also disturbing is that brother-sister relationships in the Hebrew
Bible (such as Abram and Sarai, Amnon and Tamar) underscore this discourse of
exploitation. In this chapter, Johanna Stiebert sets out to demonstrate that in
both the Hebrew Bible and contemporary popular culture, the brother-sister
relationship is eroticized, and this eroticization has overtones of rape and of
legitimating rape. While one cannot assume direct influence between biblical
texts and present-day cultural manifestations (notwithstanding the Bible’s
considerable and abiding influence and impact), the parallels are nevertheless
disquieting. Whatever the precise provenance and reason for eroticized sibling
relations in both the Hebrew Bible and contemporary film and television,
drawing attention to the troubling implications of these depictions (in
particular with regard to compromised consent) is, argues Stiebert, the first
step in detoxifying them.
Introduction:
Sexual abuse has always been one of the
biggest problems of India and further to it child sexual abuse has been a
hidden problem, it has always been ignored by the society as well as in the
public discourse and by the criminal justice system of India. Children are
always warned about the strangers they meet outside their houses and not about
the pedophile, the predators they have at their homes. According to the NCRB data,
94% of the rape cases registered every year in India, the accused is someone
the victim already knows. This is a very serious issue which needs to be given
a big spotlight. In this research the researcher has tried to explain why the
society needs to remove the social taboo from this problem, various ways in
which this crime can be stopped, various ways in which we can help the victim
to overcome the trauma faced by them, etc.
Research Questions:
§ What is child sexual abuse & what
does the society think about this issue
§ What steps should be taken to make
sure these heinous crimes don’t happen
§ Are there any strict rules against
this crime
Objectives:
The
main objective of the study is –
v To study the harmful after effect of
this crime on the victim
v To educate the children as well as
the society about the consequences of this crime
v To study how this issue can be
resolved
Significance
Of The Study:
I chose this particular issue so that
I could bring everyone’s attention toward what some children face in their
childhood because of some of their devilish family members or friends or
relatives and to familiarize everyone about the after effects of such heinous
crimes on the poor victim. I will try to make you understand why talking as
well as teaching the young children about “SEX EDUCATION”, “Difference between
GOOD TOUCH & BAD TOUCH”, is necessary. In this research paper I have used
functionalist, case study method and survey (questionnaire) method for better
understanding of the issue.
Scope Of The Study:
ü In
this project an attempt has been made to investigate and study various issues
and dimensions related to sexual abuse done with children. This study is limited to sexual abuse, rapes
of minor and child molestation within families. I have tried to give a detailed
study on this issue and the after effects of this crime on the victim.
Research Methodology:
·
RESEARCH DESIGN
The following study is done in an analytical,
descriptive way, so as to provide clarity with each topic mentioned and
discussed. In this
research paper the researcher has used a combination of Doctrinal and imperial
method. The doctrinal method is a combination of analytical and explanatory
method & in the imperial method is an adaption to the method of
questionnaire.
·
SOURCES OF DATA
The study was done with the help of
secondary source, like surveys, articles. I have tried to be original with the
content as well.
Cases
Related To Domestic Child Sexual Abuse:
1. Ram Dhawan versus Ramdev vs State on 17 September,
2013
CRL.A. NO. 67/20
Date of Decision: 17th
September, 2013
Ø This is
a case of rape of
a minor daughter by her father and the appellant herein
is the father who
stands convicted for having raped
his minor daughter and sentenced to undergo
life imprisonment by the learned Additional Sessions Judge.
2. Amin Khan versus Aamin Khan vs State on 8 August,
2017
D.B. Criminal Appeal No. 210 / 2011
Ø It is submitted that there is no question to reduce the
sentence passed against accused appellant for offence u/s 376 (1) IPC because it is a case in which the accused appellant,
Amin Khan versus Aamin Khan had committed rape with his own minor daughter Ms.
"A", who on account of such offence committed with her, committed
suicide by jumping into the water tank constructed in her house. It is further
submitted that though there was
some delay in lodging the FIR by the wife of accused
appellant against her own husband, but that delay occasioned due to threat
given to her by the appellant/husband, and she was not in a position to file
complaint to the police immediately after the incident.
3. Tasleem and Hattu vs The State (G.N.C.T Of Delhi) on
26 February, 2015
CRL.A.393/2013 Date of decision: 26.02.2015 Ø This is a case of a brother raping his minor 11 year old sister and the he killed her by gagging her with a pillow. In this case it was recorded that the deceased victim used to get beaten by the offender on daily basis but never questioned his character.
Case analysis:
ü These are few of millions of family minor rape cases that are registered in India. Many cases don’t even get registered. These cases show that if the victim is aware about what is happening to them they commit suicide and if they warn the offender that they will disclose the offence they get killed by the offender. Please notice that the offender in the above mentioned cases are very well known to the victim.
Analysis:
Chapter 1
What is child sexual abuse & what
does the society think about this issue
Child sexual abuse is the involvement of a child in sexual activity
that he or she does not fully comprehend, is unable to give informed consent
to, or for which the child is
not developmentally prepared and cannot give consent, or that violates the laws
or social taboos of society.[2] In the cases of domestic child sexual abuse, the abuser is
someone from your own family, someone we already know, someone we call our own.
In almost all these cases the rape victims wanted to tell it to someone, they
wanted to share their side of the
story but they are never heard. The first call of the child
who just became the victim is always her/his mother, but the mothers usually
try to suppress this because of the society’s negative stigma, or because of
the fact that it will pose as a threat to the family. As per the survey that
the researcher did, most of the people agreed that the accused should be handed
over to the police ignoring his/her relation with the abused victim. But it is
a well known fact that more than half of the domestic sexual child rape cases
are suppressed. We have always taught to our kids that there’s always danger
outside our homes, but instead we should teach the little kids that no matter
where they go they will always find danger, they we are always vulnerable to
threats.
In this domestic child
abuse physical force/violence is very rarely used when this, rather the
perpetrator/abuser always tries to manipulate the child’s trust and hide the
abuse.
? The abuser is typically a known and trusted
caregiver someone the child loves and calls their own.
? Child sexual abuse often occurs
over many weeks or even years.
? The sexual abuse of children
frequently occurs as repeated episodes that become more invasive with time.
Perpetrators/abuser usually engages the child in a gradual process of
sexualizing the relationship over time (i.e. grooming).
Chapter 2
Survey
The questions that
were asked in the survey are as below:
1.
Are you aware of the fact
that in almost 94% of the rape cases in India, the offenders were known to the
victims - family members, friends?
2.
Were you ever sexually
abused by any of your known in your childhood?
3.
Did that abuser tell you
that it's a secret that should be kept between you and them?
4.
Do you know any child who
has been sexually abused by their family member or someone known to them?
5.
How old was the child when
they were sexually abused?
6.
Do you think a police
complaint should be filed if the molester is the victim's father, brother,
sister, or any relative?
7.
Have you ever had a
conversation with your kids or your siblings about sex education?
8.
As per your knowledge, was
the victim aware of the crime that was being done to them?
9.
How according to you are the
victimized children affected? ( physically, mentally, emotionally )
10. How would you react if you get to know that your child's
father/sister/brother/a family member/a family friend were the one who sexually
abused the victim?
·
Below is the result of the
survey.
Ø The above survey
tells us that 2 out of 10 people are exposed to sexual abuse at a very young
age.
Ø Almost everyone who
was a part of the survey says that the offender should have been sent to jail,
or should have been prosecuted.
Questionnaire Results
Chapter 3
What steps should be taken to make
sure these heinous crimes don’t happen
·
When
rapes happen, almost all of the time the victim is called out. The victim is
questioned, that what she/he was wearing at the time the crime happened, where
were they going, what was their relation to the accused/offender. The victim is
always forced to bow down in front of the society. The accused is never
questioned. But keep in mind it’s not the fault of the sufferer rather we
should question the mentality of the offender and the society.
·
But
when it comes to child sexual abuse, be it rape or molestation, children are
innocent, they will do what they are asked to do, they will follow you if you
offer them something sweet. So if one day one of the child’s cousin asks them
if they want to play with them the child will never say no because they know
they are always safe at home, that no harm will happen to them when they are
inside their homes. The child could never have judged what she/was getting into
when their cousin slowly started moving their hand down their pant,
they could have never judged that the
cousin they love has a devilish side which will lead the child to live a
traumatized life their whole life if they don’t stop them then and there. Many
children don’t disclose the abuse in front of anyone because of the fear of the
abuser or because the abuser told them not to.
·
So
the question that arises here is how can we stop these crimes, how can we catch
these offenders then and there and make them suffer for what they were going to
do.
i.
The
little children should be taught the difference between “Good Touch & Bad
Touch”, at a very young age.
ii.
Each
and every school should introduce self defense as one of the main practical
subject in the academic curriculum.
iii.
The
children should be taught that they need to be careful with everyone and not
just with strangers. Because most of the crimes happens at the home.
iv.
If
the child comes and tells his/her mother about what happened to them, the mother
shouldn’t simply tell the child that it’s okay instead she should take a legal
action then and there.
v.
We
need to spread more awareness about this issue so that the “social-taboo” about
the issue changes and that many more children develop the courage to talk about
to what happened to them.
In cases where the children don’t
come forward and disclose the abuse we should always keep a check on them &
see if there is any change in their day to day lifestyle as well as look for
various indicators which show the signs of sexual abuse.
1. Behavioral Indicators
§ Poor self esteem
§ Signs of depression
§ School performance gradually falling
down
§ Eating disorders
§ Difficulty in socializing
§ Sleeping disorders
§ Regressive behavior
1.
Physical
Indicators
§ Pregnancy
§ Vaginal or penile discharge
§ Pain on urination
§ Presence of sperm
§ Unexplained genital injury
Aside of the above mentioned
indicators; there are many long term as well as short term effects of childhood
sexual abuse. The victim starts to blame themselves for what happened to them,
they start to show higher levels of depression, guilt, shame, self-blame,
eating disorders, somatic concerns, anxiety, dissociative patterns, repression,
denial, sexual problems, and relationship problems. These victims also start
having suicidal thoughts as well as their sleep cycle is affected. Survivors of sexual abuse may
experience difficulty in establishing interpersonal relationships. Symptoms
correlated with childhood sexual abuse may hinder the development and growth of
relationships. These children should immediately be given medical help which
will help them cope with the trauma they went through.
Chapter 4:
Are there any strict rules against this
crime?
Child
Sexual Abuse has recently been publicly acknowledged as a problem in India. In
2012 POSCO Act, 2012[5] was
introduced by the Ministry of Women and Child Development in
India which criminalized a range of acts including child rape, harassment, and
exploitation for pornography. The law edicts setting up of Special Courts to
facilitate fast trials in child sexual abuse cases. This was a very strong move
and a step forward by the government in securing children’s life as well as
their legal rights and further protecting them from sexual abuse. Before
introducing POSCO Act in 2012 all the child sexual offences were recognized by
the law under three sections of Indian Penal Code (IPC) which were not
specifically for children.
outraging
modesty of a woman under section 354 of IPC and unnatural acts defined as
“carnal intercourse against the order of nature with any man, woman or animal”[7] under section 377 of IPC.
The
Protection of Children from Sexual Offences 2012’ criminalizes sexual assault,
sexual harassment, and pornography involving a child who is under the age of
18 years and directs the setting up of Special Courts to expedite trials
of these offences. Under POSCO Act, 2012 whoever, commits sexual
harassment upon a child shall be punished with imprisonment of either
description for a term which may extend to three years and shall also be liable
to fact.[8]
Conclusion:
The researcher would like
to close her paper by stating that this is a serious crime and that it needs a
lot of support from the society. We need to bring out the predators and start
protecting our own. Let’s make our children aware of serially uncomfortable
behavior shown by any of predators known or unknown, so they can sound the
alarm and reach out to the much required help at earliest possible point in
time. Let’s start teaching our kids to be strong to fight against the demons we
live amongst.
Bibliography
Websites:
o
The Long-Term Effects of Childhood
Sexual Abuse: Counseling Implications https://www.counseling.org/docs/disaster-and-trauma_sexual-abuse/long-term-effects-of-childhood-sexual-abuse.pdf?sfvrsn=2
o
Child Family Community Australia
https://aifs.gov.au/cfca/publications/long-term-effects-child-sexual-abuse/export
o
Rape within families remains
under-reported | Health24 https://www.news24.com/health24/news/public-health/rape-within-families-remains-under-reported-20150821-2
o
Brother, Sister, Rape: Hebrew Bible
and Popular Culture - White Rose Research Online
http://eprints.whiterose.ac.uk/118828/
o
MedLeg https://www.who.int/violence_injury_prevention/resources/publications/en/guidelines_chap7.pdf
o
Madhya Pradesh: Grocer rapes
13-year-old, wife helps murder her | Indore News - Times of India https://timesofindia.indiatimes.com/city/indore/grocer-rapes-13-year-old-wife-helps-murder-her/articleshow/80224964.cms
o
64pc
of rape victims in Chattogram are girl children | Prothom Alo https://en.prothomalo.com/bangladesh/crime-and-law/64pc-of-rape-victims-in-chattogram-are-girl-children
o
Brother,
Sister, Rape: The Hebrew Bible and Popular Culture | SpringerLink https://link.springer.com/chapter/10.1007/978-3-319-70669-6_3
o
Intrafamilial
sexual abuse: brother–sister incest does not differ from father–daughter and
stepfather–stepdaughter incest - ScienceDirect https://www.sciencedirect.com/science/article/abs/pii/S0145213402003654
o
Child
Sex Abuse within the Family in Sub-Saharan Africa: Challenges and Change in
Current Legal and Mental Health Responses 47 Cornell International Law Journal
2014 https://heinonline.org/HOL/LandingPage?handle=hein.journals/cintl47&div=13&id=&page=
o
Abstracts
Database - National Criminal Justice Reference Service https://www.ncjrs.gov/App/abstractdb/AbstractDBDetails.aspx?id=105012
o The
impact of sexual abuse on female development: Lessons from a multigenerational,
longitudinal research study https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3693773/
o Child sexual abuse -
ScienceDirect https://www.sciencedirect.com/science/article/abs/pii/S0140673604167718
Index Of Authorities
Case
laws:
Indian cases-
1.
Ram Dhawan and Ramdev versus State on 17 September, 2013
o CRL.A. NO. 67/20
o Date of Decision: 17th
September, 2013
2.
Amin Khan versus State on 8 August, 2017
o D.B. Criminal Appeal No.
210 / 2011
3.
Tasleem and Hattu vs
The State (G.N.C.T Of Delhi) on 26 February, 2015
o CRL.A.393/2013
o Date of decision: 26.02.2015
Article Information
A Known Relationship: World Within Our Families (Sexual Child Abuse) (By- Sudhangee)
Author Name: Sudhangee
Title: A Known Relationship: World Within Our Families (Sexual Child Abuse)
Email Id: handoosudhangee@gmail.com
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/05/17
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
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