On 4 March 2014 05:40, John Eric Gomes <goe...@gmail.com> wrote: "The new rape law will be misused viz the definition of rape and I wonder when it will be applied to a woman who does to a man what Tepjal is alleged to have done or woman to another woman?"
Dear John, With reference to the reported Cases in India I believe that the short answer to your question is MOST LIKELY. Here are a few scenarios: 1: Mr. M is on his way to work. He is on a crowded ferry across the Mandovi. It is a smooth ride. Suddenly, a young lady (F) shouts that M touched her breasts. M denies the accusation vehemently. No witnesses despite the number of persons on the ferry. The (real / fictitious) CCTV camera is on the blink) What happens next? Does Ms. F have to prove that Mr. M touched her or does M have to prove that he did not touch her? Please re-visit the Goa Children's Act. 2: Ms F is on the beach or in a restaurant really flaunting her cleavage in the presence of Mr. M. This happens on several occasions. Is that sexual harassment by way of exposure? 3: Mr. M is on the beach in a really skimpy mono-kini in the presence of Ms. F. This happens on several occasions. Is that sexual harassment by way of exposure? 4: Mr. M and Ms. F are 'in love'. They get sexually involved. It first happened one fine night after the carnival dance and it was consensual. During their consensual torrid 2 year affair, Mr. M and Ms F talk about getting married and having kids blah blah. (a) Then, one fine day, Mr. M finds Ms F to be too controlling or becomes infatuated with another young lady Ms. F2 or just is unsure if he wants to carry on this relationship. Ms. F is furious and approaches the courts. Will the court find Mr. M guilty of rape? OR (b) Then, one fine day, Ms. F finds Mr M to be too controlling or becomes infatuated with another young hunk of a man Mr. M2 or just is unsure if she wants to carry on this relationship. Mr. M is furious and approaches the courts. Will the court find Mr. F guilty of rape? And, I am not even getting to Adultery. PS: The above script has NO relationship to the Tejpal alleged-incident. jc Forgive any typos. Typed at one go