Five Ground-Breaking Criminal Jurisprudence Principles Emerge From The Goa Sessions Court's Tarun Tejpal Decision

What Is The Case

• A recent ruling in a seven-year-old rape case serves as a sobering reminder to Indian women of the country's attitude toward rape.
• Tarun Tejpal, then-editor-in-chief of Tehelka magazine and her boss were accused of sexually assaulting a female journalist on two occasions on the margins of a public event in Goa in November 2013. Tejpal was caught a few days later and held in jail for several months before being released on bail.
• Tejpal was acquitted seven and a half years later, on May 21, by a District Court in the State of Goa. However, in portraying the case—and the survivor—it went well beyond a simple acquittal.

Courts Observation

• Mr Tejpal was acquitted by Additional Sessions Judge Kshama Joshi of the Mapusa District and Sessions Court in Goa, who said, "Neither the prosecutrix's [female victim] account demonstrates any kind of normative behaviour on her part – that a prosecutrix of sexual assault on consecutive nights might plausibly show, nor does it demonstrate any such behaviour on the part of the acquitter."
• The survivor's private life, her previous and present relationships, her talks with acquaintances, and her own ideas on sexual consent and rape as a journalist are all laid bare in the 527-page verdict by Justice Kshama Joshi.
• The survivor's previous sexual experience was mentioned by Justice Joshi as if it spoke to her character and was relevant to the alleged sexual assault that occurred in the elevator.

Five Ground-Breaking Criminal Jurisprudence Principles

1. If a rape/sexual assault victim seeks legal assistance in drafting a complaint, it could be used against her in court.
2. The fact that a lawyer walked a client/friend through the legal process could be used against him or her at trial.
3. Women's rights lawyers who aid and guide a complainant on comments made to investigating authorities may be held accountable.
4. Having phone conversations with feminist lawyers can be used against rape victims.
5. Being well-educated, a journalist, or knowledgeable about rape laws, especially after the 2012 modifications, could be used to draw negative inferences against a rape victim.

What do you think about the case?