MENS BECOMING VICTIMS OF FAKE ALLEGATIONS

Anish Kumar

B.A.LLB (2^ND Semester) School of law &legal affairs, Noida International University

Mobile no: +917295961189

INDEX

S.NO	CONTENTS
1.	Abstract
2.	Introduction
3.	Main Causes of Fake Rape Allegations
4.	Guilty Until Proven Innocent
5.	Media & Society Misrepresentation
6.	Consequences of False Rape Accusations
7.	Case Laws
8.	Conclusion
9.	References

ABSTRACT

Concern has been expressed about the growing trend of false allegations levelled against men in the past few years. Though there is a greater prevalence of discussions on gender-based issues, there is a need to address the issue of men being falsely accused. False accusations could ruin a man’s life, affecting his mental health, reputation, and well-being. We should acknowledge that men too can easily fall into infidelity due to various causes. This kind of accusation can spring up in lots of places like love affairs, offices, and disputes. On the other hand, such false accusations that are propelled by revenge or grudges can be ruinous and might make someone’s life a complete hell, whether it’s their personal life or professional one.

The subject of the persistence of false accusations of rape is one of the most contentious issues affecting the discussion of violence against women. The results demonstrate that the police’s categorization of the instances as fraudulent, without misconduct, or unreasonable is flawed in and of itself, undermining the truthful statistics on false accusations. The police were unable to devote their full attention to the investigation of true crimes because of the time they were spending reviewing false allegations. A significant amount of court time is also devoted to reviewing cases involving false allegations, which are abuses of the legal system. False accusations have irreversible effects on men’s mental health, careers, and life in general. These guys are shunned on false accusations of assault, which makes them live in constant fear or consider taking their own lives. 53.2% of rape charges that were submitted between April 2013 and July 2014, according to a poll, are untrue. Of the 1,464 examples that were determined to be false, only 1,287 were found to be genuine. To what extent do false allegations of rape occur? Rape “is an allegation easily to be made and hard to prove,” according to a saying. Numerous case laws exist, and this article will address the effects of false rape accusations on an individual’s life as well as the reasons for the accusations.

INTRODUCTION

“Rape” is a very terrible and awful crime. It also has grave repercussions in a nation like India, where it occurs much too frequently and affects one in every three women. similar to receiving a life sentence or—worse—facing the death penalty. While the penalties for such offences seem about reasonable for someone who has violated another person’s body, they are extremely horrifying for someone who did not commit the act.

As you can see, over time, brave women have found the fortitude to speak out against sexual assault and to stand up to predators. In addition, there have been cases when women have

falsely accused males in order to get attention for themselves, exact retribution, or extract money from uninvolved parties. Charges as heinous as rape in our culture lead to the accused being presumed guilty before their trial has even concluded. Like a number of vengeful women who, although not actually sexual assault victims, claimed to be, framing defenceless men for their own benefit, retaliation, or mental illness.

As everyone knows, sexual assault can leave a lasting trauma on the victim’s mental health. However, what happens if a woman files false charges against a man? In that case, the man may lose his honour, his job, his entire personality, his ability to interact with his family, his hard-earned reputation, and he may become permanently stigmatised.

The court also stated that the accused’s life and career might be ruined by unfounded claims of rape of innocent people. The parents of innocent people’s unmarried daughters have accused certain individuals of rape in order to conceal their sexual relationship from society, as it is common knowledge that not many people in the 19th century are still alive.

The Delhi Commission of Women has revealed a pattern in which women are filing fictitious rape complaints (DCW). The study also showed that 525 instances were judged to be fake between June 2013 and December 2013. Furthermore, there were 900 occurrences of deceptive assault between the middle of January 2014 and July 2014. While charging the four members of the family for the current situation, a Delhi court stated last year that it was “turning into an exceptionally difficult position, by and by a-days, for the courts to separate the genuine assault cases from the false ones”. Even the elderly and sick are not immune from the bogus news, which is extremely disheartening and deeply regrettable.

According to data from the State Crime Record Bureau, around 40% of the assault charges that the police in Haryana dismissed between 2018 and 2020 were labelled “bogus”.[1] Of the total 139 gang-rape events in 2018, 55 cases (or 39.6%) were found to be fraudulent. In 2019 there were 80 (51 percent) of 157 and in 2020 there were 72 (45.3 percent) of 159 in the comparison numbers.[2] It is not appropriate to make arbitrary accusations about offences, as those under section 376 IPC, just to satisfy personal grudges.

MAIN CAUSES OF FAKE RAPE ALLEGATIONS

Women knowingly tell falsehoods about having experienced sexual assault or rape. Apart from the fact that they fabricate a narrative of victimisation. For their personal advantage, they could even go so far as to make a police report. In a scenario involving sexual assault or rape, this false allegation may then lead to the criminal prosecution of an honest person. There are a few reasons why someone may claim a rape or sexual assault without being truthful.

Some of the more common ulterior motivations of these false cases are:

Revenge

Another common reason for making false accusations of rape is retaliation. Many people would be surprised to learn, though, that this retaliation is nearly never carried out in reaction to being abandoned by the accused. There are several possible explanations for these claims of retaliation. There are worries about certain women in the community who take advantage of the legal system, which was put in place to protect women, for corrupt ends. The number of bogus rape allegations made by women seeking retribution from the individual has increased throughout the nation.

Extortion

False accusations of this kind may also be motivated by the desire to steal money from an innocent individual. Some women in our nation take advantage of the court system by making up accusations in order to get money, then threatening to drop the charges if the male agrees to pay them what they want. Police recently broke a “honey trapping” ring in Gurugram on December 29, and Ayushi Bhatia, 22, was taken into custody. She later admitted to her crime of falsely accusing men of sexual assault and demanding money.

Personal gain

False accusations against males are most often made these days for personal benefit. Working women who want wage increases or promotions accuse the males of being dishonest. Additionally, there is a noteworthy example of a lady who, upset that her gastroenterologist had declined to serve as an expert witness for her in a lawsuit, accused him of having oral sex with her following a colonoscopy. At that moment, she also filed a lawsuit against the gastroenterologist.

Break-up

One reason why some young people have made false accusations against males is because of breakups. When a relationship ends, some women who have had consensual sex lie and accuse a guy of rape in an attempt to harm his reputation by promising marriage. Some women choose to damage someone’s life by bringing false accusations, regretting their painful breakup.

Domestic violence and child custody

Among the court situations in which mothers have made up accusations to get complete custody of their children are those involving domestic abuse and child custody. In contemporary culture, the increasing trend of bringing rape charges against male relatives in divorce proceedings makes it simple for these kinds of women to obtain what they desire.

GUILTY UNTIL PROVEN INNOCENT

“A man is considered guilty until proven innocent and a woman is considered innocent until proven guilty.

Prior to a police investigation or a court ruling, we accept this statement as true. It begs the question, WHY? The term “gender equality” has made us more aware in the modern world. When it comes to gender equality, offenders of both genders ought to face consequences. The Latin phrase Eiincumbit probation qui dicit, non qui negat means that the burden of evidence is on the one making the assertion rather than the one making the denial. Article 11 of the UN’s Universal Declaration of fundamental Rights recognises this idea as a fundamental right. In several nations, including France, Canada, Iran, Italy, Russia, and many more, it is regarded as a legal right.

In contrast, if a guy in India cannot establish his innocence, he would be mistreated, harassed, accused, and frequently tortured by the government, police, media, and society as a “guilty” party. Section 375 of the Indian Penal Code orders the accused’s arrest as soon as the rape allegation is submitted to the police station.[3] Why is there no action done against the woman who makes these false charges, whereas the male is promptly held accountable even when it is a false accusation?

It is also believed that police investigate fake cases for longer periods of time than they investigate real offences, which results in flawed investigations. Hearing scenarios where false accusations are made also take up significant court time, which is a misuse of the legal system. In this sense, it is impossible to let someone get away with making such false accusations of assault.

Based on data from the National Crime Records Bureau, 38947 assault crimes were registered in India in total during 2016. About one-fourth of the women in 10068 said it was an attack on the false promise of marriage[4]. In the state of Andhra Pradesh, fake marriages accounted for 45% of all rape cases that were filed in the previous two years.

Women often agree to drop the complaint in return for financial compensation. If they have truly been sexually assaulted, why do they crave money rather than seeking justice?

MEDIA AND SOCIETY MISREPRESENTATION

The media and society tend to focus more on female victims and provide less coverage of “sexual violence” against men. Gender stereotypes and insufficient depictions of gender-based sexual violence are prevalent in media portrayals of this issue. Most people believe that sexual violence is limited to females, however crimes against men are also perpetrated inside society, thus this is an incomplete picture that only shows one side of the story.

The media and society often believe that a guy cannot be both an abuser and a victim of rape. These gender stereotypes elicit empathy and give men a sense that keeps them from achieving justice. The media frequently reports on incidents of rape, domestic abuse, and sexual assault, although almost all of these cases involve women rather than men. Similar laws have been passed in India to shield women from sexual assault, but what about men’s rights?

We talk about gender equality, but we would not accept that males are also victims of sexual assault or assume it was a bluff if a guy was raped. International human rights attorney and campaigner Vrinda Grover stated in an interview with India Times that “there are no instances of women raping men.” “I don’t think men are facing the same issues with sexual violence as women.” This remark does not refer to gender equality; while it is true that there are many more crimes against women than against men, crimes against men also cannot be disregarded.

The notion that rape and other sexual violence could only be committed by men has to be abandoned by society, given the majority of male victims go undetected. Instead, gender equality should become a priority.

Because it provides reliable news to society, the media is seen as a cornerstone of society. Therefore, how sexual violence is portrayed in the media has a substantial impact on societal standards and attitudes.

CONSEQUENCES OF FALSE RAPE ACCUSATIONS

However, one should never take allegations of rape or other sexual abuse lightly. The issue, though, is that far too many people take advantage of these unfounded claims of rape for personal gain. Serious repercussions may result from this unfounded charge. The consequences of being unjustly accused can be devastating for both the accused individual and the person making the accusation.

REPUTATION OF A PERSON

In a case of rape, a guy who is wrongfully charged might never be able to repair his ruined image. Even if an innocent person wins a rape case, the accused might never be able to get past the harm the accuser caused to his reputation. Therefore, even if the accusation is untrue, the accused may have to live with this penalty for the rest of their lives.

SELF-ESTEEM

Additionally, a person who is wrongfully accused of rape has suffered damage to their self-esteem. Everybody has self-esteem, no matter what, and a guy may never fully recover from having to deal with being unfairly accused. The fact that the individual who was wrongfully accused could have to live this lifetime makes it a significant problem.

MONETARY LOSSES

If someone is wrongly accused of rape in court, they may suffer financial damages. For example, if the accused is employed, they may be forced to resign or face a suspension from their employment as a result of the false accusations, which may or may not be accurate. Similarly, their peers will evaluate the accused, frequently supposing that he is a suspect.

WASTAGE OF TIME

A person may have to spend the most of his time in court on an accusation that is not totally factual if they are falsely prosecuted. For example, in a false rape case, if it is decided in court that the accused committed a crime, the accused, who is being falsely charged, may wind up going to prison based on the false statement of an accuser. This is a complete waste of the time of both the jury and the accused.

POLICE TIME

When investigating a rape case, police go through the entire process, but what happens if someone is wrongfully accused? In such scenario, the entire investigation is a waste of police time. False charges are frequently made by victims against an accused person in an attempt to harm the accused person, however these cases have major repercussions for both the accused person and the victim.

INTERPERSONAL RELATIONSHIPS

As a result of everything, the accused’s connection with his family and friends will be destroyed, and he may even be jailed for making false charges. An accused person’s false charges will have a profound effect on his and his family’s lives. A man who is wrongfully accused will experience this for the remainder of his life.

NOTE : In India, a person may be charged under Section 384 of the IPC and Section 389 (attempts to put any person in dread of an allegation) if a woman is accused of being the victim of false rape accusations and extortion money. In addition, planning a criminal conspiracy against an individual is punishable by the Indian Penal Code’s Section 120B or Section 506 (criminal intimidation), which both result in jail time.

CASE LAWS

Vishnu Tiwari vs state of UP[5]:

When a woman, her husband, and her father-in-law filed a First Information Report (FIR) in September 2000, the accused Vishnu Tiwari was first placed under arrest. There was a village where the complainants lived. She was five months pregnant when he was wrongly accused of beating, raping, and sexually abusing her. Vishnu Tiwari claims that the complainant has implicated him in an effort to get retribution. A land and animal dispute existed between the aforementioned parties. He only knew the woman as his daughter-in-law; he had never met her. All they wanted from the Harijan act was the money. In 2001, he was detained once more despite being granted bail. He was found guilty under sections 3(1)(7) and 3(2)(5) of the sc/st atrocities act in 2003 and given a life sentence.

In 2005, he appealed this decision to a trial court; however, his petition was deemed incomplete as the necessary paperwork was missing. For sixteen years, everything stayed this way. It took 16 years for him to be found not guilty. An innocent person had to endure 20 years in prison for a crime he never committed, all out of retaliation and avarice. In order to pay solicitors, his ancestral lands had to be released as well. He was unable to attend the funeral ceremonies for his parents and two brothers who passed away while he was incarcerated. He often thought that he ought to pass away. In January 2021, upon his release from prison, he discovered his family had left and his home was deserted. After being given Rs. 600 by the jail administration, he was allowed to go. All he needs is that to start again in life.

Indore case 2021:

A 19-year-old female reported to the authorities in January 2021 that five men had abducted, raped, and stabbed her. She stated that she was thrown onto the railway tracks after being placed in a jute bag. Nevertheless, it was discovered that the teenager’s assertions were unfounded and inconsistent when the inquiry got underway. She made fraudulent and falsified claims, and no proof was produced to back them up. To support her claims, the complainant even went so far as to stab herself. The girl was then booked by the Indore police under section 182/211 of the IPC for making a fake complaint.

Satara case 2019:

A lady said that two guys had sexually assaulted her in a vehicle in the Satara region of Maharashtra. She said that in return, they guaranteed her a job. But the accusation was made up and untrue. Upon conducting an investigation, it was discovered that one of the males was not in Pune on the day she claimed to have been raped, while the other was out of the country. It seems that the lady brought the false lawsuit just to damage the men’s reputations.

Ghaziabad case 2017:

A little girl was prompted to accuse her father of rape by her maternal uncle. The parent who was charged with the crime was imprisoned for three long years for a crime he did not commit. The daughter came to terms with the fact that she had made up the false case during the first trial, when the tale began to unravel. She acknowledged that her maternal uncle had influenced her to do this. In contrast, the uncle’s sentence was reduced to one month in jail and a fine of Rs. fifty thousand.

Chennai false rape case 2010:

A property disagreement caused the two families, who were meant to marry their children off, to fall out, and Santosh, an engineering student living in Chennai, was accused of raping and impregnating the daughter. The boy allegedly pregnant the girl and refused to wed her, according to the girl’s mother. He refuted having such a relationship with her, nevertheless. She and her parents filed a rape report after being turned down, and the kid was taken into custody.

By the time he was released on bail in February 2010, the girl had given birth. Santosh was not the baby’s father, as evidenced by the DNA test they performed on the child. Santosh, an engineering student, filed a lawsuit seeking damages since the case destroyed his life and career and cost him Rs. 2 lakhs. He was offered Rs. 15 lakhs in compensation by a Chennai court. He was innocent, yet he was imprisoned for seven years.

CONCLUSION

For the falsely accused as well as their family, being falsely accused of a crime can have extremely detrimental and unfavourable effects. The media and Indian culture place a great deal of emphasis on incidences of violence against women that are limited to their safety. What happens, therefore, when a guy is falsely accused and subjected to harassment? The current judicial system is ineffective in stopping false accusations of rape and shielding the accused from unjustifiable criticism and detention. One cannot restore that position even if one innocent person is found not guilty. A person who has been falsely accused may lose their job, friends, relationships, reputation, respect, feeling of self-worth, and perhaps their freedom. You cannot convince every single person that you are innocent. We truly desire strict laws for deceptive assault cases in India that can protect the innocent, which is why people are ready to condemn a rape case before even knowing if the victim is guilty or not.

REFERENCES