Most statutory rape cases fall flat in court

Most statutory rape cases fall flat in court

Preetu Nair, TNN

PANAJI: Two months into the year and the police have already registered five cases of rape of minor girls. In four of the cases, the "victims"
told the police they had accompanied the men to the spots where the "rapes" took place.

Audrey Pinto from the NGO Children’s Rights Goa said, "Talking to the victims we found that the girls had consensual sex. However, the boys were arrested as sex with a minor even though consensual is an offence."

There were 14 cases of rape of minors in 2006 and 18 in 2008. Sources said about six cases were disposed of in the children’s court without a conviction as the victim had turned hostile or the victim’s mother (who in most cases is the complainant) submitted that the accused has consented to marry the victim at a future date.

Admitting that this is not rare, Auda Viegas of Bailancho Ekvott said, "Society needs to introspect on this issue and we need to amend the law according to the needs of the time, as most girls now mature by 16."

Matthew Kurian of El Shaddai Charitable Trust feels that the age of maturity is even lower. He said, "Girls are now sexually active by the age of 13 or 14. They want to explore and strive for attention and are often exploited in the name of love and affection."

Police sources said confusion prevails when the girls are aged between 16 and 18. "The Goa Children’s Act says any child below 18 is a minor, but under the Indian Penal Code, consensual sex with a person above the age of 16 is not rape," said police sources.

13 Mar 2009,The Times of India, Goa edition