The Case Of The ‘Believable’ Prosecutrix: Examining The Inadmissibility Of Character Evidence For Rape Victims In Law As Opposed To The Practical Reality

Manavi Sinha, BA LLB (H) Symbiosis Law School, Pune

ABSTRACT

Rape is one of the most feared forms of violence against women, and its impact is often exacerbated by cultural attitudes that put the blame on the victim rather than the perpetrator. Despite legal amendments, such as the Criminal Amendment Act, 2013, India continues to have substantial obstacles in providing justice for rape victims, owing to the social attitudes which invariably seep into the trial making the character of the victim a substantial fact within the trial. This article studies the negative impact of examining the prosecutrix's character during trials, investigates how other jurisdictions address this issue, and proposes measures to improve the Indian legal system. The article provides recommendations which include revising the law to clearly define consent, eliminating the admissibility of character evidence throughout trials, and ensuring that consent is viewed as a continuous and revocable process. These changes are essential for creating a fair legal environment that upholds the rights and dignity of sexual assault survivors.

Keywords: Rape, victim-blaming, character evidence, consent, prosecutrix, Criminal Laws (Amendment) Act 2013