Oct 18, 2012: Rape need not leave victim injured, say experts

TNN | Oct 18, 2012, 04.09AM IST

New Delhi: The theory of 'no grievous physical injuries' on the body of the alleged gang-rape victim, floated by the investigating team and doctors to deny the crime, has drawn flak from senior lawyers and activists.

A student of the National Law School of India University (NLSIU) was allegedly raped by a group of men on the Jnanabharathi campus on Saturday night.

"It isn't mandatory for a rape victim to have any injuries or marks on her body to prove she was raped," experts say.

Senior counsel BV Acharya said: "Each case should be dealt with on its merit. A case should be based on facts. The Supreme Court has already ruled that a victim's testimony, if it's firm and trustworthy, can be the sole evidence to convict an accused in a rape case. There are no set formulas and physical injuries and medical reports are not mandatory to prove rape. A court can straightaway convict an accused if it finds the victim's testimony satisfactory and reliable."

Another senior counsel CV Nagesh said: "If a girl is raped or forced into the act of intercourse, there has to be some kind of physical violence involved which will lead to injuries. But it is not mandatory for every victim to have injuries. The victim may not have resisted because she was under threat."

Nagesh pointed out that it is possible that in case of a gang-rape, the victim is completely overpowered, and there are chances that the victim does not suffer major injuries.

"Also, a two-finger test does not necessarily indicate rape. This test can just prove an act of intercourse. The medical report should be coupled with an FSL-DNA test of the victim and accused," he added.

Doctors admit there is a need to train medical professionals in examining victims of sexual assault.

"In most cases, external injuries are not found on the body of the victim, which does not mean she was not assaulted sexually. A victim's statement must not be ignored," said Dr Shaiba Saldhana of Enfold Trust.
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