The Kiara Advani-Kartik Aaryan starrer Satyaprem ki Katha had finally opened a conversation on a sensitive topic Date Rape, and its traumas which not many people wonder to think of if it’s an offense.In regards to this, The Pioneer’s Tejal Sinha connects to experts in order to understand the offense in detail and bring our analysis this week for FYI.
Tejal Sinha
The Indian entertainment industry has been this one world that has been always open to showcasing content that’s beyond just entertainment.As a society what we assume we know everything about, in reality, may not be a percent of it.
Now, for instance, a film that opened to a lot-lot conversations was the recently released Kartik Aaryan and Kiara Advani starrer Satyaprem ki Katha. Well, many might have guessed what we’re gonna speak about, let’s first gather some basic plot details of the film. So basically, Kiara Advani and Kartik Aaryan are playing love interests to each other in the film; Katha and Satyaprem. These two individuals end up in a marriage because of a series of circumstances, and not because of mutual feelings of love.
While Sattu AKA Satyaprem harbours feelings of admiration and attraction for Katha long before their parents arranged their marriage, Katha is pressured by her father into marrying him.Unfortunately, she marries Sattu while still carrying the heartbreak and trauma of a previous breakup.What is neither revealed to the audience nor Satyaprem, is that Katha had been date raped by her ex-boyfriend Tapan. So she was not only grieving the loss of a relationship but of sexual assault and an unwanted pregnancy that she was forced to terminate.
Now, we would actually take a moment to thank the makers to highlight on the concept of ‘Date Rape’. And in regards to this, The Pioneer connects with the experts from the Psychology and lawyer bringing to you a detailed analysis on the concept.
If you wondered if date rape is something different, it is basically defined as a non-consent sexual assault by someone that the victim has been aware of. In simple words, a sexual assault act that takes place without the consent of one of the romantic partners.
Although some distinguish between date rape and acquaintance rape as referring to romantic partners (dates or boyfriends) vs. friends, relatives, or other acquaintances, it is frequently labeled “acquaintance rape” to demonstrate that it can occur in non-romantic circumstances as well. In any case, rape by a trusted party is involved, which can be highly traumatic.When trying to reconcile the thought that a trusted person in your life is a rapist or is eager to harm you, experiencing date rape can be very perplexing.
“Date rape is a deeply concerning and traumatic experience for victims, often resulting in severe psychological distress, including anxiety, depression, and post-traumatic stress disorder. Consent is the cornerstone of healthy sexual relationships, and any violation of it is a grave matter that should be taken seriously, both in terms of seeking therapeutic support for survivors and holding perpetrators accountable through legal means,” highlights Arasharial Sandhria Thomas, a counselling psychologist and assistant professor at Loyola Academy Degree and PG College.
Remember, rape is not two people getting together to have sex. Rape is a violent crime in which one person forces themselves sexually on another person they consider to be weaker.
Let’s understand what is and not a consent in such cases:
Everyone has the right to set their own sexual limits, and to change those limits as they wish. If someone genuinely cares for you, they will respect those limits and not force themselves on you.
Agreeing to have sex with someone is called giving consent. Consent should be:
freely given
reversible
informed
enthusiastic
specific.
You have not given consent if you:
went along with the sex because of force or you were scared that force would be used
were held captive
were too scared to say no
felt pressured in any way
were asleep, unconscious or too drunk or under the influence of drugs to provide informed consent
did not understand what was happening.
In order to understand from the perspective of Indian law and know of the punishment, we connect with Ramesh Pittala Mudiraj, Telangana High Court advocate, who speaks in detail of the law in regards to date rape.
“Going on a date is not about giving consent to have sex. A physical intercourse which is done without consent is regarded as rape. And thus, date rape is no different than rape and the accused will surely be punishable by the law. Keeping a hand on her with affection during a date is different than having the intention to get physical without her consent” shares the lawyer.
As per the POSCO Act, even if a minor (18 or below) has a physical intercourse with a person, even if they give consent is considered as rape. He goes on to share a case where a father approached him related his daughter using her phone late at night, and when he questions she answers back saying its her privacy.
Later when he advised the father to check her phone in the night, he found out her daughter sending nude pictures and videos to her boyfriend. The next day itself, the father goes to a police station and files a complaint but the daughter says, ‘I’ve done in with my wish and he is my boyfriend so you cannot file the case’. However, since she was just 16-year-old and the guy being around 20-year-old, was sentenced to remand. He also goes on to share about cases where one has physical intercourse, promising to marry, but in reality, there’s no intention to. And in such cases too, under the offense of cheating, the accused will be sentenced to jail.
According to National Crime Records Bureau (NCRB), he shares, “The latest NCRB record highlights that the crime against women were 4,28,000, and 31,677 rape cases were registered across country and an average of 86 cases per day. Some people are scared to register cases and think of their future, family, and society. The ones who came forward were registered, the ones who didn’t register may go beyond lakhs.
I came around cases where people took money due to poverty, threats, and intimidation, and many women have compromised. Rape is rape and as per the Indian penal code 375 defines rape and 376 is punishment for rape, imprisonment for any kind of not less than 7 years, life or a term of up to 10 years, and fine. As per 69 of the Bharatiya Nyaya sanhita 2023 bill, the bill penalises the act of sexual intercourse with a woman not amounting to rape through deceitful means, or a promise of marriage without any intention to fulfill it is punishable by simple imprisonment upto 10 years and a fine.
If this comes into force, then if anyone in the name of marriage they have intercourse with any girl it’s not rape but definitely they will get a rigorous punishment. With this, there can be a stop to such cases.”
Meanwhile, it is also equally important to understand that psychologists and mental health professionals play a crucial role in helping survivors heal and providing education on consent and healthy relationships to prevent such incidents.
While in Satyaprem ki Katha, when Katha (played by Kiara Advani) attempts to commit suicide, her father comes and behaves rude to her saying she should have died, after all the issues that came their way, at the end Satyaprem (played by Kartik Aaryan) has been a major support to her to fight against her ex-boyfriend Tapan. Similarly, it is time people stand for the victims, and on the other hand, victims take a stand for themselves.
BOX:
DATE RAPE DRUGS:
Date-rape medications are substances that make raping or sexually assaulting another person simpler. Alcohol and a few medications are among them. The individual who is attacked may feel disoriented, have difficulty defending themselves, or lose the memory of what happened afterward.
