So the Indian Rape Detection Kit still comprises of inserting fingers to test if the woman shows ” “vaginal laxity” and thereby ascertain whether she was “habituated to sex” before the alleged assault”. What does this mean? it means that if you are promiscuous you can not be raped…if you are married, you can not be raped, if you have a boyfriend, you can not be raped and ….it could go on..the list of interpretations! the real meaning though is in the construction of womanhood and maleness in law.
Indian Laws according to a New York Times report are still talking about “outraging the modesty of” and “molesters” when they should be stating such crimes as ” brutal sexual assault”; “gang rape”; “assault with weapons” etc to describe the numerous sexual crimes committed against women and the numerous instances of women being coerced into situations where they have to perform sexual acts including intercourse without their consent. It is all rape and it is all a crime.
Well maybe encouraging the maleness through inane descriptions like “Eve-Teasing” helps construct a male identity of a ‘can’t-help-himself’ Adam who is still trying to imitate a cave man and the only person he can exercise his might on is the woman. But to the harassed, assaulted, or raped woman, the assaulter and threatening man is not Adam. He is an animal with very little humanity and therefore must be caged!
Obviously the rape law in India, a British legacy, was not written by a woman otherwise the test would not be for ‘promiscuity’ instead it would assess “predisposition to being a Predator” and the subject would be the rapist not the victim!