India: rape by a person of the same sex still not punishable by law
Protester holding up a sign calling to denounce the rapes in Calcutta, in December 2019. AFP - DIBYANGSHU SARKAR
Text by: Sébastien Farcis Follow
4 min
Can sexual assault by a person of the same sex be considered rape?
In France, and in most Western countries, this is the case, but not in India, where this creates a significant legal vacuum and even injustices.
This is what Élodie feels, a Frenchwoman who has just revealed that she has suffered a rape committed by another woman, and who confided in the RFI microphone.
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From our correspondent in New Delhi
,
Élodie is 26 years old and this yoga teacher recently arrived in India for a professional project.
She is in Goa, in the west of the country, when she meets a psychologist and activist for women's and gay rights called Divya.
The two are about to leave for lunch when Divya takes her to her room, on the pretext of treating Elodie for a small foot injury, and offers her some medicine.
But it was apparently a drug, because Élodie immediately found herself dizzy.
Begins an allegedly shamanic ceremony, during which Divya allegedly raped Elodie.
►Also read: India: tensions and arrests after the rape of an “untouchable” in Uttar Pradesh
“
It was horrible,
says Élodie,
I spent maybe four hours sitting on the edge of the bed.
There were lots of voices coming out of her, different voices.
She went from witches' voices to singing to me
:
“You and me, forever be”.
There she covered me with leaves.
She also ripped off my panties and she put in, I don't know, 80% of her hand.
It lasted five minutes.
She told me that it was the result of our love and that she was planting a tree.
I told him to stop, that I was in great pain, etc.
"
What happens next?
Élodie manages to get out, and will quickly file a complaint.
The examinations identify injuries, his private parts, which would confirm the assault.
But the police are not upholding the rape charges because Indian law only recognizes the crime when it is a man who penetrates a woman without her consent.
Forcible confinement and sexual assault
It therefore does not cover any homosexual act committed against men or women.
In this case, Divya was only charged with forcible confinement and sexual assault, a crime punishable by only 1 to 5 years in prison.
The psychologist, she denies all these accusations and her family affirms that she was herself the victim of violence during this meeting.
This Frenchwoman is now fighting to change this law.
Élodie began to campaign with the media as well as through an internet petition, in order to recognize the fact that any forced penetration is rape, even during homosexual relations.
And realizes that this subject is largely taboo in India.
“
I have had a lot of testimonials from people who have already been assaulted by her, and I tell myself that an Indian, clearly, she is not going to say that she was raped by a woman.
You should know that she is a psychologist.
I had three comments from people who told me that during sessions she tried to drug them.
It's still a big case, because she's an activist who is quite recognized, who does
TED Talk.
Like what, the devil can sometimes have a very beautiful face,
”notes Élodie.
Divya was heard by the police but was released on bail.
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