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The Dual Edge Of False Rape Allegations: A Legal Conundrum




Bhumika Gupta, Shivang Sharma & Ojas Taneja, Gitarattan International Business School, GGSIPU


ABSTRACT


False rape accusations pose a particularly serious threat in the complex world of justice, where truth frequently gets mixed up with deceit. These charges, like phoney mirages in the desert of deceit, present a false impression of compassion and absolution, but in the end, they leave a path of broken lives and diminished faith in the justice system. Rape exposes the depths of depravity within society and leaves victims fighting for justice in its wake. It is a crime symbolising human cruelty.


The tension between truth and falsehood is heightened in India, where rape is a disturbingly common occurrence and societal norms frequently reinforce gender biases, making the pursuit of justice more difficult.


Legislative changes have been made to protect women and strengthen anti- rape laws, but some people continue to abuse the system by taking advantage of these protections for their own gain.


In addition to causing irreversible harm to the accused, false allegations of rape damage the credibility of real survivors and foster a climate of distrust and scepticism that obstructs the pursuit of justice. The trauma endured by those caught in its web is exacerbated by the stigma and social isolation that come with such accusations.


False accusations often place an undue burden of proof on the accused, which adds to the psychological damage they cause. Even in situations where the accused is found not guilty, their innocence may be permanently damaged and they may live with the shame of the charge for some time to come. A dedication to due process, fairness, and tact must be shown in the handling of false allegations of rape. This means a detailed investigation, services for both the accused and survivors in need of support, and strict guidelines for gathering evidence and conducting court cases. Misunderstandings that could result in unfounded allegations can be avoided with education and awareness about consent and healthy relationships, and the risk can be reduced by teaching professionals to identify biases and procedural mistakes.


Red flags for potential scams involving false accusations include requests for money, rapid relationship progression, inconsistent narratives, and manipulation techniques. Being vigilant is crucial in spotting such scams. Through cultivating a climate of trust, responsibility, and equity, we can endeavour to create a society in which victims of sexual assault and those wrongfully accused are accorded respect and fairness.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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