Table of contents
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3. Groups affected by corrective rape: 4. Abuse on physical integrity and sexual identity: 5. Corrective rape and India's view of homosexuals: 6. Some cases of corrective rape in India: |
Introduction
Do you have an idea what the word "corrective rape" means? You're probably thinking of something linked to religious practice. However, this term is not associated with any one cult, caste, or faith. This is a type of practice that occurs nationwide.
Let's examine this term in the context of a hypothetical scenario. Assume you find yourself in a position where you realize you have a natural attraction to the same gender. You mustered all your strength to convey your feelings to your parents, but it all culminated in a passionate debate, and you are now in custody at home. Despite this, you have a flame of brightness within you that you will make your parents understand. However, one day you learn that your family is having a family talk about your sexuality and that they intend to have your sexual intercourse with any of the family members, whether it is a cousin brother, brother, cousin sister, or maybe father mother. Because it might arouse your attraction for the other gender. Aren't you terrified? Consider that this is something that one person has to go through. In layman's terms, this is known as corrective rape.
Lesbians are particularly vulnerable to gang rape. There are no statistics on this, and I'm not sure how many lesbians and homosexuals are targeted for corrective rape. I've never heard of lesbians being targeted in this fashion, therefore I'm curious when it started. I'd like to know how many women are raped in coloured townships by brothers, dads, and others. Why isn't this being researched? Is it just under-reported, unstudied, or what?
What is corrective rape?
Corrective rape is a hate crime in which one or more persons are assaulted because of their presumed sexual orientation, such as homosexuality or bisexuality. According to the offender, the frequent intended result of the rape is to "cure" or "correct" their homosexuality. It is a type of group-based, structural, and political violence. Simply said, corrective rape serves as a barrier to being homosexual and violating standard gender presentation.
After well-publicized examples of corrective rapes of lesbian women such as Eudy Simelane (who was also murdered in the same attack) and Zoliswa Nkonyana became public, the word was coined in South Africa, where such crimes are common. The term's popularity has raised awareness and motivated LGBT+ persons all over the world to share their own tales of being raped as punishment for or in an attempt to change their sexual orientation or gender identity. Despite the fact that certain nations have legislation protecting LGBT+ individuals, corrective rape is frequently neglected.
The use of rape against those who do not adhere to perceived social norms surrounding human sexuality or gender roles is known as corrective rape. The intention is to penalise perceived deviant behaviours while upholding society standards. It is frequently the victim's family members that facilitate it.
According to the United Nations UNAIDS 2015 Terminology Guidelines, the phrase "corrective rape" should no longer be used since it conveys the impression that something has to be rectified. Instead, the recommendations suggest using the phrase homophobic rape. The phrase "so-called 'curative' or 'corrective' rape" was included in the first UN report on LGBT+ discrimination and violence in 2011. A 2013 worldwide HIV/AIDS research proposed the term lesphobic rape to emphasise the fact that lesbians make up the vast majority of victims of this issue. Others have pointed out that homosexual men, transgender persons, asexual people, and intersex people can all be victims of corrective rape for the same reasons.
Despite the fact that certain nations have legislation protecting LGBT+ people, corrective rape is frequently ignored.
South African feminist activist Bernadette Muthien used the word for the first time in an interview with Human Rights Watch in Cape Town in August 2001. Corrective rape is classified as a hate crime. An atmosphere that favours hate crimes against gay men and lesbians, as well as wider community reactions to hate crimes and police and legal system responses, all contribute to corrective rape, according to a 2000 study. Some believe that corrective rape may "cure" those who do not match gender standards or are not heterosexual. According to ActionAid, survivors reported being informed that they were being taught a lesson. Misogyny and chauvinism can drive violent offenders.
It's revenge for being homosexual and breaking from traditional gender roles. Throughout the rape, this intention is usually exposed through aggressive language intended at "teaching a lesson" to the victim and "doing a favour" by showing her how to be a "proper woman." The term is increasingly being used to refer to the rape of any member of a group who does not conform to gender or sexual orientation norms, with the perpetrator's intention being to "correct" the individual. Eudy Simelane's terrible rape and death drew attention to corrective rape in other parts of the world. While corrective rape is becoming more common in South Africa, eight occurrences have been documented in other countries, including Thailand, Zimbabwe, Ecuador, Uganda, Jamaica, and India. What is more concerning than the sheer incidence of this act of violence is the justice system's inability to deliver proper redress to the survivors.
Groups affected by corrective rape:
A. LESBIANS
Lesbians are among the most commonly targeted group for corrective rape. Lesbians are raped in punitive or "curative" ways because "they undermine antiquated notions of masculinity and heterosexuality and refuse men's proposals." Men utilise corrective rape to educate lesbians how to be "real" women. It serves as a warning to lesbians and anyone who refuse to comply to patriarchal and heterosexual behavioural norms that they will be punished. Any kind of "otherness" will be destroyed and remedied, and lesbians suffer the brunt of this punishment since they epitomise the "other" in society.
Corrective rape is an attempt to reclaim possession of these bodies through the application of heteropatriarchal standards. Corrective rape is the most extreme attempt to achieve this purpose, although comparable, gentler tactics are used by likeminded abusers.
It's not fits the bill for "lesbians who are mistreated because they are lesbians; lesbians who have been pushed off buildings in Iraq, falling to their deaths, because they are lesbians; lesbians who are beaten and raped because they are lesbians; lesbians who are whipped, whose hands are amputated, who are forced into unwanted marriages because they are lesbians; and lesbians who are silenced in most countries because they are lesbians."
The rapist believes that "if she would only do what is best for her, she would not have to suffer." In reality, he would assist her by raping her, by showing her what a true guy can do for her, how all she needs is 'a nice intimacy, from real males.'" The rapist feels that his act of corrective rape is not just the victim's fault since if she had behaved differently, she would not have had to suffer, but that it is also in the victim's best interests. Lesbians frequently face heightened trauma as a result of rape. Victoria Brownworth, the first out lesbian to hold a regular newspaper column, wrote about her ordeal in "Lesbians and Rape: Another Coming-Out Story."
B. ASEXUAL WOMEN
Asexual women are another group that is exposed to corrective rape. Asexuality, defined as an identity for someone who does not experience sexual desire, is a new notion in contemporary society. Though having an open approach towards sexuality has grown progressively normalised over the previous few decades, talk of asexuality has been mostly neglected until lately. Asexuality research and discourse have inevitably been eclipsed by the more popular and frequent sexual orientations—heterosexuality, homosexuality, and bisexuality.
Researchers discovered a remarkably significant prejudice against asexual persons in a 2012 study. Asexual persons are dehumanised since they are labelled as "machinelike" and "animal-like." Because sex is so prevalent in non-asexual people's life, and because of our society's widespread sexualization, those who refuse sex are considered as less than or not even human. According to asexual activist Julie Decker, persons who commit corrective rape do so because "they believe they're just waking us up and that we'll thank them later." Decker has received death threats and countless remarks that she "just needs a 'good raping,'" leading her to believe that some people regard asexuality as a challenge.
C. TRANSGENDER MEN
Transgender persons are among the most marginalised elements of society in general. Some ways to dealing with sexual abuse exclude transgender persons from the group of rape survivors. Transgender persons, on the other hand, are victims of sexualized violence at a greater incidence than the general population. This inclination to disguise certain rape survivors is unethical since it increases the possibility of sexual assault occurring and justifies the judicial system's inability to respond.
As a result, many people fail to recognise some acts of sexualized violence as rape and misinterpret who the true victims and offenders are. This adds to the legal system's predisposition to marginalise male transgender rape survivors.
Violence against transgender males, on the other hand, can be linked to the perpetrator's desire to punish the trans guy for failing to classify himself as sexually responsive and for adopting appearances and behaviours associated with availability. As a result, transgender guys are frequently abused in private, with no witnesses. Corrective rape is a common form of assault for transgender guys who have vaginas. The rape is the rapist's warning that trans males "are women after all, and they will be treated as such." In other words, the rapist is implying that "biology is destiny" and that these people "have no right to act as if they are men."
D. OTHER POPULATIONS?
Lesbians, asexual women, and transgender males are not the only groups who face the possibility of corrective rape. Corrective rape might theoretically apply to anyone who does not adhere to typical gender expressions or heterosexuality. Other gender minorities, such as non-binary or gender fluid people, and sexual minorities, such as bisexual people, may be raped because of their perceived gender identity or sexual orientation. It is impossible to determine which communities are targeted by corrective rape or to calculate the number of corrective rapes committed each year. Not only do the majority of rapes go undetected, but it is also unclear how many are perpetrated with the rapist's intent to "correct" the victim's sexuality or gender.
Abuse on physical integrity and sexual identity:
Corrective rape is very similar to rape as a weapon of war. Rape is used as a technique to undermine the morale of the losing side during times of conflict. Rape is so common during battles because it is a psychological warfare tactic used to shame, demoralise, and emasculate the other side. Rape may be considered genocide if the offender intended to physically or psychologically destroy a group.
Just as rape is used as a weapon of war to terrorise and enslave a community, corrective rape and the threat of rape continue to be used to oppress non-heterosexual and gender nonconforming people as a group. At its essence, corrective rape is just a violent form of inequality. Rape and the threat of rape instill dread in the victim, whether done against the enemy's side during a conflict or against a non-conforming individual during peacetime. In both cases, the sufferer is reminded of their vulnerability and inferior status.
Unlike military rape, which is intended to dominate, punish, and terrify the enemy, corrective rape is used to control and violate the victim's physical autonomy and sexual identity. The perpetrator breaches the victim's bodily autonomy by continuing to act in the face of his victim's lack of permission, deliberately and purposefully injuring and demeaning the victim. Bodily autonomy involves the ability to refuse sexual interaction as well as the ability to seek it from consenting partners. The rapist revokes both of the victim's rights and substitutes them with his own. When a rapist "intentionally commits the crime, he knows that he is committing violence against the victim," he is performing a hate crime. To claim that corrective rape is not a hate crime, but rather a misinterpretation or a love moment gone wrong, depends on rape myths that downplay the victimised class's prejudice.
Corrective rape violates the victim's sexual identity as well. In comparison to other types of heterosexual rape, corrective rape happens against a backdrop of deeply rooted, widespread prejudice and discrimination against non-heterosexual and gender nonconforming people. Certain sexual orientations or gender identities are perceived as abnormal and in need of "curing" as a result of societal and cultural bias. The key component of corrective rape—the perpetrator's goal to "cure" the victim—implies that there is something wrong with a person, which pathologizes all members of these groups.
This infringement on sexual and gender identity adds to a lack of real societal equality. Rape breaches fundamental human rights such as the right to life, liberty, and security, as well as the right to equal treatment under the law and non discrimination. Corrective rape, on the other hand, violates a slew of peripheral safeguards impacting autonomy and well-being, all of which are necessary for the fundamental rights to be effective. Corrective rape, for example, infringes on the rights to "sexual self-determination, human dignity, humane treatment, privacy, effective judicial recourse, safety, physical and mental integrity, integrity of the person, sexual and reproductive choice, and health."
Corrective rape and India's view of homosexuals:
The situation in India is quite distressing, since the country's obsession on heterosexuality has taken its toll on its LGBT population. On the one hand, the country displays sympathy for rape victims; on the other hand, such heinous deeds are encouraged in order to 'treat' or 'purify' homosexual people, who are completely normal human beings.
In Telangana, the LGBTQ Collective's Crisis Intervention Team has documented 15 incidents of 'corrective rapes' in the past five years. "We are confident there are many more cases," says Vyjayanti Mogli, a member of the Crisis Intervention Team, "but they go undetected." Most victims of corrective rape do not pursue legal action because the perpetrators are family members. Victims find it difficult to talk about their brothers or cousins being rapists, so they choose to forget, severing ties with their family. Away from gay pride parades, meet-ups, and heated Twitter debates, rural Indian families deal with LGBTQ persons in their own unique ways. In other areas, hidden honour killings are carried out, forcing a young homosexual man with no money or social support to travel to a city in the middle of the night.
Although corrective rape claims to repair what isn't damaged, irreversible injury is sometimes exacerbated by family members who are not just unsupportive but also believe the assault was justified. Lesbians who rely on relatives for financial assistance are particularly vulnerable. Women in their senior years are increasingly conscious of their rights and regularly leave their families' homes. Even in places where one should feel free and at peace, there exist many fears. Some young ladies leave home and face financial hardship. Lesbians who live in one-room shacks in slums are more likely to use drugs and alcohol. Many people use the same coping mechanism. Dealing with all of this stress alone may lead to low self-esteem, which is still a big risk factor for suicide.
Some cases of corrective rape in India:
The story of a youngster who was forced to have sex with his mother was reported from Bangalore. This became clear when Deepthi Tadanki began researching corrective rape and decided to film a documentary to raise awareness about the issue.
In another example, her relative raped a homosexual girl who was having an affair with another lady.
According to reports, parents are utilising such tactics to cure homosexuality with the assistance of cousins and brothers.
Current legal response:
As rape victims encounter scepticism from society and the legal system, the judicial system is frequently sceptical of them. In average, only 37% of reported rapes are criminally prosecuted, and when a rape case is taken to trial, suspicion of the victim's allegation and concern about the violent nature of the act itself lead to re-victimization in court. There are flaws in the judicial system that must be rectified, such as hate crime legislation that does not protect rape victims. According to FBI statistics, one hate crime happens every ninety minutes in the United States.
When a rape is tried as a hate crime, survivors confront a number of challenges both before and during the criminal trial. When survivors seek to report rape, police re-victimize them, typically as a result of police failing to properly investigate rape cases. The failure of the investigation can be traced to police personnel' reliance on preconceptions of who a sexual assault victim would and should be. Police departments frequently misclassify rapes as less severe crimes, and in certain cases, officers improperly cleared cases, thereby ending the investigation. Some cops even dissuade rape survivors from making a report or taking a rape kit test.
By employing gendered stereotypes in their encounters, police personnel have a tendency to re-victimize rape survivors. For example, police personnel frequently ask rape victims victim-blaming questions that would never be asked of victims of other crimes. Police officers have also threatened survivors with arrest for false reporting, implying that authorities believe victims of rape lie about their experiences for some ulterior motivation.
During a trial, prosecutors often deny rape survivors the right to equal legal protection. Judges also react improperly to rape cases, making sentence judgements for offenders based on gender stereotypes. Regardless of the gravity of the crime, judges prefer to sentence rape to shorter terms than other crimes, re-victimizing the present survivor in their courtroom and discouraging subsequent survivors from trusting and depending on the criminal justice system.
Civil remedies for rape victims are limited and face several obstacles. Federal remedies enable victims to file a claim against a state actor who violates someone's constitutional rights under the colour of state law, an employer who fails to take appropriate action when a rapist uses sexual violence against a coworker, and schools when a student is raped by a member of their school community. State remedies, such as suing their rapist for an intentional tort, confront various obstacles, including the victim's requirement to know the perpetrator's identity, the lack of rape shield legislation, and the case's complexity.
Impact on victims
Corrective rape and other forms of violence can cause physical and psychological anguish, mutilation, unwanted pregnancy, and even suicide. Corrective rape is a significant source of HIV transmission among South African lesbians. In South Africa, about 10% of lesbians have HIV, with corrective rape being the most common cause. HIV is an epidemic in South Africa, and there is a shortage of knowledge about sexually transmitted illnesses among lesbians owing to homophobia. In South Africa, homophobic legislation and prejudice contribute to the low quality of health care for minorities.
Corrective rape can have negative psychological consequences for victims. Many victims in places where corrective rape is most widespread, such as South Africa and India, experience a significant sense of fear and disempowerment as a result of pervasive homophobia in their communities. Homophobia can result in physical and psychological violence. In the previous 15 years, at least 30 lesbians have been killed in South Africa because of their sexual orientation. In South Africa, however, violence against the LGBTQ community is rarely documented. Many survivors of corrective rape face triple prejudice since they are women, black, and LGBT. This is especially true in South African townships, where corrective rape against lesbian women is frequent. Victims of corrective rape may have sadness, anxiety, and/or post-traumatic stress disorder. Because of racial and sexual prejudice in health care, victims are sometimes forced to deal with these difficulties on their own.
Again, in countries such as Nigeria, where the Same-Sex Marriage (Prohibition) Act, 2013 (SSMPA) "prohibits a marriage contract or civil union entered into between persons of the same sex...", lesbian, gay, and transgender people who are raped and targeted lack police protection and cannot report rape crimes committed against them because the police are likely to legitimise the abuse. Corrective rape is shrouded in "stigma" and "embarrassment," hence it goes generally unreported. Apart from being a violation of the fundamental right to protection as stated in the Violence Against Persons (Prohibition) Act 2015, sexual discrimination endangers the general health of homosexual people who have been raped because they fear intolerance and disregard from medical providers, leaving them vulnerable to STIs and HIV.
Legal Shield To Homosexuals In India
In the landmark judgement Navtej Singh Johar v. Union of India, the Supreme Court of India invalidated a 157-year-old colonial legislation that categorised some sexual behaviours as "unnatural offences" punishable by ten years in prison under Section 377 of the Indian Penal Code, 1860. "The State has no jurisdiction to govern the private lives of LGBT community members," said Justice DY Chandrachud, "and rejecting the right to sexual orientation is the same as denying the right to privacy." Although popular opinion in India's large cities was strongly in favour of repealing the ban, religious institutions and traditional rural people remained vehement opponents. Sections 375, 377, and 376 of the Indian Penal Code, 1860, describe rape of a woman as a felony punishable by hard imprisonment for at least 10 years, but up to life imprisonment, as well as a fine. However, 'corrective rape' is not included in the definition of rape under the Indian penal code. As a result of a lack of clarity in current criminal legislation, it is vital for legal authorities to call attention to the unfair advantage being taken by many Indians in the form of 'corrective rape' to cure the 'disease' of homosexuality.
The Mental Health Care Act of 2017 protects the LGBTQIA+ community in certain ways, but a new law is required to totally ban this horrific behaviour. In a June 2021 ruling, the Madras High Court prohibited the practise of 'conversion therapy' in India, introducing safeguards for LGBTQIA+ persons in the country. The High Court ordered in S. Sushma v. Commissioner of Police (2021) that conversion therapy and any attempts to medically cure or change the sexual orientation of LGBTIQA+ people to heterosexual, or the gender identity of transgender people to cisgender, be prohibited in order to protect the couple's Right to Dignity, Life, Privacy, and Freedom of Choice, as guaranteed by the Indian Constitution.
Although there are no laws forbidding corrective rape, there are precedents and trust in the judicial system to preserve human rights and constitutional objectives. Legislators should awaken from their slumber as corrective rape spreads around the country like wildfires. The media has traditionally been an important instrument for bringing to light unnoticed but hazardous issues.
Conclusion
It is each state's obligation to take the appropriate steps to provide persons who do not adhere to gender and sexual orientation standards control over their health, safety, and security. One such step is to give proper restitution to persons who have been victims of corrective rape. Inclusionary and enforced hate crime legislation are one viable approach of delivering victims with the justice they deserve. However, state legislators should not grow comfortable in drafting hate crime laws in reaction to corrective rape, but should instead seek to combat sexual violence in all of its manifestations. Lesbians, asexual women, transgender males, and all other nonconforming people should not have to wait until society consciousness catches up before they have legal protection. Any success in converting our society to one free of sexual assault would include extensive changes in the law, attitude, norms we maintain, and legal culture—and the time for these changes is now.