: The Acquittal of Kerala Bishop: Visible Biases in the Rape Case Verdict #IndiaNEWSAll #Gender A brief look at the judgement of a session court, session case no. 457/2019, on the issue of acquitting

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The Acquittal of Kerala Bishop: Visible Biases in the Rape Case Verdict #IndiaNEWSAll #Gender
A brief look at the judgement of a session court, session case no. 457/2019, on the issue of acquitting a person of authority, who allegedly committed sexual assault on a nun/sister who was under his control and administration.
The complainant was then the Mother Superior of St. Francis Mission Home, Kuravilangadu, a convent belonging to Missionaries of Jesus, a congregation of Latin Catholics. The Accused was acquitted of the charges of sexual assault and other offences cited in the complaint.
The accused was the Bishop of Jalandhar Diocese, where the principal seat of the congregation is domiciled. The Mission Home was under the direct control of Jalandhar Diocese. The accused regularly visited Kerala and stayed at the convent. The accused was charged with regularly raping the complainant 13 times on various dates, during his visits.
Bishop Franco Mulakkal
The judgement of acquittal does not seem to have any sensitivity or knowledge about sexual assault being committed by an institutional head on a subordinate. The evidence shows that the act must have been committed, repeatedly. It does not give weight to the difficulties faced by the nuns to come out and lodge a complaint against a person of high standing such as a bishop in the in the religious institution. It does not examine the root cause of such offences being committed. It has simply ignored and turned a blind eye to obvious facts, given in the evidence, by the victim. The foundation on which misuse of power is easy and committing of offences such as sexual assault is not taken seriously and is not examined. It sends a clear message that the people in power can take for granted that they will be acquitted if they can hide behind a mire of legal maze of controversies and evidences.
Judgements can be appealed against, can be over turned. So to say Judgements could be wrong in their findings is a possibility.
The main point here is the indignity caused to the complainant, the insult and injury and the damage done to the self esteem of the complainant. Can it be erased or damages granted? Is it right on the court to strip the complainant of her dignity publicly?
There is an assumption of stereotyping the facial expression or the conduct of the survivor after having undergone rape. The proceedings detailed in the judgements says that the videos of the functions attended by the Accused and the survivor, shows happy face of the victim/survivor. How relevant is this? Does a trial court determine whether a rape was committed or not by looking at the facial expression of the complainant while attending a public function where she is an important member? The judgement bases its findings on assumed stereo typed presumptions and prejudices against a survivor of rape being a woman.

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