Cross clothing is not sexual assault?! Indian court found man not guilty of infringing young girl
An Indian court has ruled that touching a child’s body through clothing is not a sexual offense, CNN reported on Tuesday. The ruling provoked outrage across India.
In last week’s ruling, Mumbai high court judge Pushpa ganediwala ruled that a 39 year old man was not guilty of sexually assaulting a 12-year-old girl because he did not take off the girl’s clothes, which meant there was no skin contact.
According to court documents, the man took her home in December 2016 on the pretext of giving her a guava. There, he touched her chest and tried to take off her underwear.
The man was convicted of sexual assault in a lower court and sentenced to three years in prison, but then appealed to the high court.
In his January 19 judgment, judge ganediwala held that the man’s conduct & lt; did not fall within the definition of & lsquo; sexual assault & gt;. The judge wrote: “in view of the severe punishment for this crime, in the court’s view, more rigorous evidence and serious charges are needed. ”
According to the report, sexual assault requires at least three years’ imprisonment and up to five years. However, India’s 2012 “protection of children from sexual assault act” does not explicitly require skin contact to constitute a sexual assault.
Although the judge acquitted him of sexual assault, the man was found guilty of minor indecency and sentenced to one year’s imprisonment. Ganediwala said: “the punishment of a crime should be directly proportional to the severity of the crime, which is the basic principle of criminal law. ”
After the Mumbai High Court’s decision was announced, Indian people questioned the court’s decision logic on social media, which is equivalent to setting a new precedent. Other high courts and lower courts across the country now need to follow the decision of the Mumbai high court.
India’s National Women’s Council said it planned to challenge the ruling, saying it would “have a chain effect on provisions concerning women’s safety and security.”;.
Ranjana Kumari, director of the center for social research, a non-profit advocacy center for women’s rights in India, said the verdict was “shameful, outrageous, shocking and lacking judicial prudence.”. ”
CNN pointed out that sexual abuse is a huge problem in India. In India, sex crimes are often cruel and common, but they are often not properly dealt with in the country’s judicial system. According to official data for 2018, one woman is raped every 16 minutes in India.