To certain extend I agree with you. Even in certain States of India any crime against the women are being heard by the female judges only. As far unbiased & impartial adjudication of any issue/matter is concerned it is upto the individual judge hearing the issue/matter in dispute & it is expected this from him or her, but how far this unbiased attitude exist in the judge is a matter for which long discussion can be done. As the usual practice goes in our Indian judicial system, at the time of any appeal or revision against the lower courts judgment against the sentence against the accused, appealing party pleas biased attitude of the learned trial judge & the appellant or the revisional court get the opportunity to decide this issue along with the facts of the case too. What is more important in cases of Rape the proper presentation of the whole case with sufficient piece of relevant evidence by the prosecution, which they many a times fail to do & hence such criminal complaint fails at the time of trial. The real fault lies with the police officer who are conducting the inquiry & interrogation of the offence, these few investigating officers due to financial reasons fail to conduct their official duties honestly & secure the relevant evidence that is required for such cases. In certain cases the medical officers who conduct the medical investigation & are supposed to summit a correct medical report, fail to do so for the same financial gains which they are given or promised. Lack of all these lead, suspicion in the mind of the trail court judge & he or she let out the accused on the basis of benefit of doubt. To add to this confusion just recently our Supreme Court has come out with two different version of judgements,in one they had allowed the mere statement of the victim sufficient ground to hold the accused guilty for rape & in another judgment they had insisted corroborating evidence along with the statement of the victim in cases of rape. These two different judgments definitely will confuse the trail court judge in such cases where the prosecution fails to bring on record the relevant pieces of evidence that could helped the trial court judge to arrive to the conclusion in favor of the prosecution & get the accused punished for this offence. Considering all these things facts I have discussed here it is the over all reform in the system of prosecution which is required & mere posting such cases before female trial judges won’t help in getting the guilty punished for the offence of heinous crime as Rape.
2007-10-02 03:36:15
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answer #1
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answered by vijay m Indian Lawyer 7
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I don't think that a female judge would necessarily be more impartial in a rape case.
In fact it sounds like you don't want them to be though.
Keep in mind that not every man accused of rape is guilty of rape. People are still 'innocent until proven guilty' in this country. Unfortunately, proving rape can be a very difficult task in court due to lack of evidence, and conflicting testimony.
Obviously those guilty of rape should be convicted, and the punishment should be severe - both as punishment to the rapist, and to serve as a deterrent to others.
There have been many cases where a rapist has managed to go free, or get leniency because they have a lawyer who managed to create sufficient 'reasonable doubt' as to the guilt of the rapist. This is unacceptable.
On the other hand, there have also been many cases where men have been accused of rape, had their names drug through the mud, their families and careers destroyed, all becaust a vindictive woman cries 'rape' against a man who never even had sexual contact with the woman. This is equally unacceptable.
Ulterior motives, revenge, and pure greed throw a wrench in the legal machinery.
This doesn't change the fact that countless thousands of women are sexually assualted every year, both in and out of relationships, anytime they are not a consenting partner, then it is rape.
There is no simple solution - people aren't going to start making better choices, or being more honest, so again, unfortunately - some rapists get off scot free, and some innocent men are convicted.
2007-10-02 03:13:40
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answer #2
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answered by Anonymous
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What about rapes of males?
How do you know that a female judge would not be an anti-feminist?
'Properly' according to you, or according to the law of the land as agreed by all citizens?
You are implying that female and male judges are each prejudiced in their own ways, which insults them both (even if it is sometimes true).
2007-10-02 02:42:53
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answer #3
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answered by Anonymous
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Geez, next you will want white jurors in cases with black defendents. It's not the judges that need to be changed, it's the laws. Example: A person that is found not guilty of a crime cannot be retried. BUT, a person who IS found guilty can have the case appealed and be found not guilty. All this is covered by "new evidence" but not equally applied.
2007-10-02 03:21:33
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answer #4
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answered by sensible_man 7
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The notion of 'rape' should be expanded to include even mental gagging and abuse by comments, Then there would be no need for female judge, even male can sit as judge.
2007-10-02 03:22:57
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answer #5
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answered by viswamvishnu 3
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Isn't that sexist to imply that females should preside over rape trials? What's the point, are you hoping that women judges would be more harsh? It's a sexist statement to make.
2007-10-02 02:36:28
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answer #6
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answered by Pfo 7
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The choose must be positioned off the bench. In lots of the cultures of the international, it particularly is a criminal offense (or morals or mores) to have intercourse with pre-pubescent infants. extraordinarily much every person in any u . s . interior the international might know that any new child can't provide consent to intercourse. including a decreased cognitive function in basic terms better her lack of ability to furnish consent. What a travesty!
2016-10-05 23:13:25
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answer #7
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answered by ? 4
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women have alot of emotions and when emotions come into play then people get judged on emotions not wether or not justice was served that is why judges are so cold sometime because they have to be.
2007-10-02 02:34:40
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answer #8
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answered by jerismark 2
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Judges need to be impartial monitors of the law.
2007-10-02 02:29:05
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answer #9
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answered by Anonymous
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Justice is blind. When we start controlling the Judicial system we start adding in emotion and therefore Bias.
2007-10-02 02:31:13
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answer #10
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answered by smedrik 7
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