Adult Survivors of Sexual Abuse: What We Would Like You to Know about Us
1. We grew up feeling very isolated and vulnerable, a feeling that continues into our adult lives.
2. Our early development has been interrupted by abuse, which eitherholds us back or pushes us ahead developmentally.
3. Sexual abuse has influenced all parts of our lives. Not dealing with it is like ignoring an open wound. Our communication style, ourself-confidence, and our trust levels are affected.
4. Putting thoughts and feelings related to our abuse "on the backburner" does not make them go away. The only way out is to go through these emotions and process them.
5. Our interest in sexual activity will usually decline while we are dealing with this early trauma. This is because:- we are working on separating the past from the present.- pleasure and pain can sometimes be experienced simultaneously.- it is important for us to be in control, since control is what we lacked as children.- sometimes we need a lot of space. Pressuring us to have sex will only increase our tension
.6. We often experience physical discomforts, pains, and disorders that are related to our emotions.
7. We often appear to be extremely strong while we are falling apart inside.
8. There is nothing wrong with us as survivors -- something wrong was DONE to us.
9. Sometimes others get impatient with us for not "getting past it"sooner. Remember, we are feeling overwhelmed, and what we need is your patience and support. Right now, it is very important for us to concentrate on the past. We are trying to re organize our whole outlook on the world; this won't happen overnight.
10. Your support is extremely important to us. Remember; we have been trained to hold things in. We have been trained NOT to tell about the abuse. We did not tell sooner for a variety of reasons: we were fearful about how you would react, what might happen, etc. We havebeen threatened verbally and/or non verbally to keep us quiet, and we live with that fear.
11. Feeling sorry for us does not really help because we add your pain to our own.
12. There are many different kinds of people who are offenders. It does not matter that they are charming or attractive or wealthy.Anybody -- from any social class or ethnic background, with any level of education-- may be an offender. Sexual abuse is repetitive, so be aware of offenders with whom you have contact. Do not let them continue the cycle of abuse with the next generation of children.
13. We might not want or be able to talk with you about our therapy.
14. We are afraid we might push you away with all our emotional reactions. You can help by: listening, reassuring us that you are not leaving, not pressuring us, touching (WITH PERMISSION) in a nonsexual way.
15. Our therapy does not break up relationships - it sometimes causesthem to change as we change. Therapy often brings issues to thesurface that were already present.
16. Grieving is a part of our healing process as we say goodbye to parts of ourselves.
From Triumph over Darkness by Wendy Ann Wood, M.A.copyright Wendy Ann Wood 1993
Courtesy the Askios e-group. Thank you !
Monday, January 15, 2007
Sunday, January 14, 2007
Female Perpetrators - Male Victims
Women are as capable of being perpetrators of sexual abuse as men are. An article on Human Rights Violations in Prisons highlights one of possibly many cases of sexual abuse by a woman.
One of the biggest misconceptions regarding CSA is that it "only happens to girls". That is untrue. Boys face sexual abuse at a higher frequency than girls, say statistical reports.
However socialization patterns prevent boys from speaking about their "emotions" for fear of coming across as "unmanly" or "weird" so there is more dialogue on the sexual abuse of females than there is on the sexual abuse of boys. One male survivor of sexual abuse by his female teacher recalls the confusion it resulted in.. "one minute she was reprimanding me for not doing my homework and the next minute she was all over me. the next day when i went to school, she acted like nothing had happened.this happened till i graduated." Another survivor says his aunt was very "hot" and said it was a kick for him to have his first sexual experience with her at age 12, but later felt "sick" about it. he now claims to "hate" women and refuses to trust them.
Rennee Koonin writes brilliantly and honestly about her sexual abuse as a child in this online article. What wrenched my gut were these lines :
" When I recalled that I was sexually abused by my stepfather as a child, I was devastated, but I was, not surprised. When I remembered that my mother had also abused me sexually, my world fell apart. Nothing I believed, none of my work as a social worker, educator and activist had prepared me for this truth. "
The fact that Men and Women are both not immune to Sexual Abuse, and are also equally capable of being Perpetrators is not hot news straight off the shelf. People are well clued into the fact, especially those who come from joint family backgrounds. A separate essay on joint families and CSA is somewhere on this blog, will post the link when i find it.
Jim Hopper is someone i have worshipped ever since i began working on the issue of Child Sexual Abuse. His essays are thorough and well-researched, in a language that is simple to understand. Here is the Hopper take on what he describes as "society's betrayal of boys".
In the Indian context, where a lot of children have grown up in joint families, it is unsurprising that 80% of sexual abuse cases fall under Incest.
One of the biggest misconceptions regarding CSA is that it "only happens to girls". That is untrue. Boys face sexual abuse at a higher frequency than girls, say statistical reports.
However socialization patterns prevent boys from speaking about their "emotions" for fear of coming across as "unmanly" or "weird" so there is more dialogue on the sexual abuse of females than there is on the sexual abuse of boys. One male survivor of sexual abuse by his female teacher recalls the confusion it resulted in.. "one minute she was reprimanding me for not doing my homework and the next minute she was all over me. the next day when i went to school, she acted like nothing had happened.this happened till i graduated." Another survivor says his aunt was very "hot" and said it was a kick for him to have his first sexual experience with her at age 12, but later felt "sick" about it. he now claims to "hate" women and refuses to trust them.
Rennee Koonin writes brilliantly and honestly about her sexual abuse as a child in this online article. What wrenched my gut were these lines :
" When I recalled that I was sexually abused by my stepfather as a child, I was devastated, but I was, not surprised. When I remembered that my mother had also abused me sexually, my world fell apart. Nothing I believed, none of my work as a social worker, educator and activist had prepared me for this truth. "
The fact that Men and Women are both not immune to Sexual Abuse, and are also equally capable of being Perpetrators is not hot news straight off the shelf. People are well clued into the fact, especially those who come from joint family backgrounds. A separate essay on joint families and CSA is somewhere on this blog, will post the link when i find it.
Jim Hopper is someone i have worshipped ever since i began working on the issue of Child Sexual Abuse. His essays are thorough and well-researched, in a language that is simple to understand. Here is the Hopper take on what he describes as "society's betrayal of boys".
In the Indian context, where a lot of children have grown up in joint families, it is unsurprising that 80% of sexual abuse cases fall under Incest.
Friday, January 12, 2007
Interactive Session at Jadavpur University
Elaan kicked off the year's activities with an invigorating interactive session with the First and Second Year COMPARATIVE LITERATURE students at Jadavpur University.
Discussions and QnA (thats Question n Answer) topics ranged from the Nithari Tragedy to the Legal scenario (good going Rahul) , to our Penultimate goal (Joanna) , to translating campaign material into vernacular dialects and tackling the districts.
Rohit came up with the concept of using Street Theatre to further the awareness campaign in less-developed regions while Debdutta mentioned "jatra" which i am assuming is on the same lines.
A student who lives in Barrackpore and travels regularly by local train told me that the issue was prevalent where she lived (her para) while the person sitting next to her (didnt get her name :( ) said it would help immensely if we got some material disseminated there. We will.
Raka spearheaded the eve-teasing segment which lightened the atmosphere considerably.
Inam spoke of consistent media (newspapers etc) which was a good idea overall(think : bula di), as long as the journalists in question have the same drive and inclination.
Thank you to all those who took the time to be there.
More on the orkut community in a topic titled "elaan at JU".
Awaiting CV's
The next spate of volunteer interviews is at T3, Park Street, from 3pm. Do email/call if youre interested. Will be working there till 8pm.
Elaan plans on initiating the IPRP and LACSA at Jazzfest 2007. 14th January Sunday at DI (Dalhousie Institute). Those interested in volunteering, you know what to do.
Discussions and QnA (thats Question n Answer) topics ranged from the Nithari Tragedy to the Legal scenario (good going Rahul) , to our Penultimate goal (Joanna) , to translating campaign material into vernacular dialects and tackling the districts.
Rohit came up with the concept of using Street Theatre to further the awareness campaign in less-developed regions while Debdutta mentioned "jatra" which i am assuming is on the same lines.
A student who lives in Barrackpore and travels regularly by local train told me that the issue was prevalent where she lived (her para) while the person sitting next to her (didnt get her name :( ) said it would help immensely if we got some material disseminated there. We will.
Raka spearheaded the eve-teasing segment which lightened the atmosphere considerably.
Inam spoke of consistent media (newspapers etc) which was a good idea overall(think : bula di), as long as the journalists in question have the same drive and inclination.
Thank you to all those who took the time to be there.
More on the orkut community in a topic titled "elaan at JU".
Awaiting CV's
The next spate of volunteer interviews is at T3, Park Street, from 3pm. Do email/call if youre interested. Will be working there till 8pm.
Elaan plans on initiating the IPRP and LACSA at Jazzfest 2007. 14th January Sunday at DI (Dalhousie Institute). Those interested in volunteering, you know what to do.
Thursday, January 11, 2007
Volunteers
Now that Nithari has succeeded in shocking the nation, stirring the creative juices of media-loving politicians and bringing light to the fact that CHILD SEXUAL ABUSE DOES EXIST, half this youth group's problems are over.
Firstly, a number of ignorant questions will (hopefully) not be extended in our direction such as "accha, this country is mostly Hindu so how can you say that CSA exists?"/ "accha Pranaadhika (for that is my name), this disease (!) exists only in higher stages of society so why plan rural awareness?/" you got abused because you wear western clothes and indian males get 'out of control' with 'western-minded' ladied because it is out of their culture"...
Page 3, the National Award winning film , Monsoon Wedding, Everybody Says Im fine , Pinki Virani's Bitter Chocolate book and now the Nithari tragedy of 2006-7 all serve as public education tools on Child Sexual Abuse.
After Nithari it is interesting to note how perpetually confused the law-making people are looking, especially when it comes to responding to the media. Undoubtedly one of the best articles on Police ignorance of CSA helped pinpoint one of the many reasons as to why a lot of this case is going to be ruined. If the people don't know what signs to look for, how will they come to a reasonable conclusion as to what happened and why it happened ?
Elaan will be holding an interactive session with the first year students of the Jadavpur University this afternoon. For those who have personal queries or wish to send in their CV's, the procedure and requirements are as follows -
1. You need to belong to the institute, in simple English - you need to be a Student or Faculty member.
2. You need to devote 15 hours a week for a single week (that's 3 hours a day) for sensitization lectures and training.
3. You need to report to Elaan on a fortnightly basis.
4. You need to be fluent in the English language.
5. If inducted, you will be required to work exclusively with Elaan in the capacity of a volunteer
for a minimum of 1 year if you desire a letter of recommendation.
CV's to be emailed to elaanspeak@yahoo.co.in
Firstly, a number of ignorant questions will (hopefully) not be extended in our direction such as "accha, this country is mostly Hindu so how can you say that CSA exists?"/ "accha Pranaadhika (for that is my name), this disease (!) exists only in higher stages of society so why plan rural awareness?/" you got abused because you wear western clothes and indian males get 'out of control' with 'western-minded' ladied because it is out of their culture"...
Page 3, the National Award winning film , Monsoon Wedding, Everybody Says Im fine , Pinki Virani's Bitter Chocolate book and now the Nithari tragedy of 2006-7 all serve as public education tools on Child Sexual Abuse.
After Nithari it is interesting to note how perpetually confused the law-making people are looking, especially when it comes to responding to the media. Undoubtedly one of the best articles on Police ignorance of CSA helped pinpoint one of the many reasons as to why a lot of this case is going to be ruined. If the people don't know what signs to look for, how will they come to a reasonable conclusion as to what happened and why it happened ?
Elaan will be holding an interactive session with the first year students of the Jadavpur University this afternoon. For those who have personal queries or wish to send in their CV's, the procedure and requirements are as follows -
1. You need to belong to the institute, in simple English - you need to be a Student or Faculty member.
2. You need to devote 15 hours a week for a single week (that's 3 hours a day) for sensitization lectures and training.
3. You need to report to Elaan on a fortnightly basis.
4. You need to be fluent in the English language.
5. If inducted, you will be required to work exclusively with Elaan in the capacity of a volunteer
for a minimum of 1 year if you desire a letter of recommendation.
CV's to be emailed to elaanspeak@yahoo.co.in
Wednesday, January 10, 2007
Nithari
It isn't hard to figure out that the Nithari tragedy has exposed, most unsurprisingly, the incompetance and sheer Ignorance of the police with regard to knowledge on CSA.
The tragedy has shocked me to bits, as a result of which i have created a Nithari-specific blog which contains updates and insights into the situation there. It is difficult to research and maintain two blogs as it is so will do my best at updating them regularly.
The Nithari Blog URL is - http://nithari06.blogspot.com
The tragedy has shocked me to bits, as a result of which i have created a Nithari-specific blog which contains updates and insights into the situation there. It is difficult to research and maintain two blogs as it is so will do my best at updating them regularly.
The Nithari Blog URL is - http://nithari06.blogspot.com
Tuesday, January 9, 2007
The Goa Child Protection Act, 2003
Goa is a tourist hotspot that is frequented by young and old from all over the world, some of whom visit for the calming "holiday" atmosphere, some for the wild nightlife and woodstock reminincing, and some for more sinister activities..
Post-Father Freddy Peat and other similar cases where locals and tourists were found to be indulging in the sexual abuse of children/child pornography, the Goa Child Protection Act of 2003 made a strong statement in favor of punishing those who traumatized and exploited Goa's youth.
It can be downloaded and perused
Post-Father Freddy Peat and other similar cases where locals and tourists were found to be indulging in the sexual abuse of children/child pornography, the Goa Child Protection Act of 2003 made a strong statement in favor of punishing those who traumatized and exploited Goa's youth.
It can be downloaded and perused
Monday, January 8, 2007
CSA cases in India
Child rights activists all over the country were heartened by the news of the conviction of Wilhelm and Loshiar Marty by the Bombay Sessions Court on 29 March 2003, given the difficulties involved in prosecuting sex offenders in general and foreign paedophiles in particular. After the conviction of the notorious Freddy Peats in Goa on March 21 1996 not a single conviction of a foreign paedophile has taken place. This is ironic, considering that there is a great deal awareness about tourism related paedophilia in Goa today and unlike in the past, today the State too acknowledges the existence of this problem. The number of convictions or the lack of it actually defines the extent of the problem.
Today when NGOs lodge complaints with police officers they do not cast aspersions on the credibility of the complainants, as was often the case earlier. There are police officers in Goa who have investigated cases very effectively. The sad reality is that the will to effectively deal with this problem on the part of the State as a whole is still lacking. The police, the prosecutors, the courts, the Home Department and other state agencies involved have to be committed to stopping the menace of paedophilia.
The details of the cases given below illustrate the point:
Freddy Peats
Arrested on 3 April 1991, he was granted bail within 45 days, after which he freely roamed the state of Goa till he was convicted five years later. The Sessions Court expedited the case only after Mumbai-based child rights activist, Sheela Barse, filed a writ petition in the High Court in 1995 praying that the Sessions Court proceed with the trial on a daily basis. This resulted in Freddy Peats being sentenced to life imprisonment on 21 March 1996.
Kenneth John Clark
An 18-year-old boy from Andhra Pradesh filed a First Information Report against Kenneth John Clark, a British national on 9 October 1996, following which he was arrested by the Colva Police Station and charged under sections 372 and 377 of the Indian Penal Code, 1860 (IPC). The boy alleged that Clark subjected him to anal sex on several occasions. Apparently Clark also allegedly forced this boy to have sex with a 14-year-old boy in his presence. Clark was let off on grounds of insufficient evidence.
Ernie Jean François
In December 1996, Umed, a child rights organisation, received a complaint against Ernie Jean François, a Swiss national aged 52 years, who had brought a nine-year-old girl from Pune, with whom he was residing in Calangute. An informant told Umed that he had been visiting Goa each year since the last three years and that he always brought different children with him. The girl accompanying him at the time had reportedly been with him for almost a year, visiting various parts of India and not going to school. Umed brought this case to the notice of the local police. However, François was allowed to leave the country on 12 March 1997, as the police were apparently unable to find evidence of sexual abuse.
Peculiar features about this case underly the problem faced generally. The police took the girl away from the custody of the suspect only 10 days after Umed filed its complaint. No representative from Umed was allowed to be present for any hearings of the case. The conclusion of the case was communicated to Umed through an official letter from the Home Department of the state government. The letter states that the first medical report ruled out "the possibility of any forceful sexual intercourse" (emphasis added). It goes on to say "in a subsequent medical report the doctor has stated that on interrogation the child admits to having sexual intercourse with more than one person." But apparently, she had not had sexual intercourse with Jean Ernie François. No medical reports were attached to this letter and Umed's written request for the documents met with no response.
Although Umed representatives were not permitted to interview the child, it seems that the chairperson of the National Commission for Women, Mohini Giri met her. On 20 March 1997, The Hindustan Times reported that Ms Giri was 'rattled' by her encounter with this girl. The girl reportedly told her that 'the Swiss uncle would bathe her every morning and at night he showed her blue films and patted her on her face.' He would put her to sleep 'kissing her everywhere'. These sensational revelations did not result in any action on the part of the state, nor was it followed up by any action on the part of the National Commission for Women.
Meanwhile François continues to visit Goa.
Yvonne Rene Wallez
In March 1998, a case was registered by the Calangute police station against a 67-year-old man of Belgian origin, Yvonne Rene Wallez, for sexually abusing a 15-year-old handicapped boy under Sections 373, 377 and 294 of the IPC. However, on 13 May 1998, Wallez was found dead in his room. Jagrut Goenkaranchi Fauz (an organisation concerned with the social impact of tourism) had demanded an inquiry into the death of this man to ascertain whether this man had committed suicide to avoid judicial trial or whether any paedophile associates were involved in his death. However no follow-up was done by the police in this case.
Helmut Brinkmann
In August 1998, some residents of Calangute complained to the police about Helmut Brinkmann, a German aged 53, that he was a paedophile. This was a unique case because the child, a boy around 14-years-old testified against him and forensic examination revealed the presence of sperm in the anus of the child and it was proved that the sperm was of the suspect, Helmut Brinkmann.
Brinkmann was convicted for unnatural sexual offences by the Assistant Sessions Judge, Nutan Sardessai, and awarded rigorous imprisonment for six years. Brinkmann was later acquitted on appeal by the Additional Sessions Judge, D R Kenkre, on seemingly technical grounds.
It is interesting to look at the two judgements, which establishes how the same facts can be given such a diverse interpretation, based on the mind-set of the individual in office. In trial court's judgement three issues were formulated: Firstly, was the boy kidnapped? - In which case the accused would be liable under Section 363 IPC. Secondly, whether there is proof to convict the accused under Section 373 of the IPC; which pertains to buying or hiring a minor with the intent of or knowing it to be likely that such a person shall be used for either prostitution or illicit intercourse or any purpose which is unlawful or immoral. Thirdly, whether the accused committed unnatural sexual offences punishable under Section 377 of the IPC. The court ruled that there was no evidence of kidnapping, but there was evidence to convict the accused under Sections 373 and 377.
In the appeal court's judgement the two points formulated were: Firstly, whether the victim boy is an accomplice in commission of the crime and secondly, whether there is evidence to convict the accused under Sections 373 and 377. But while he has ruled that the victim is an accomplice in commission of the crime, he ruled that 'it is not proved that the guilty was indulging in unnatural offence'.
The judgement contends that to prove that the accused was guilty under Section 373 it was necessary for the prosecution to prove that the accused had carnal intercourse with the victim... and that it was against the order of nature. According to him 'the prosecution was required to prove Section 377 to prove Section 373'. A basic contention of the judge appears to be that the prosecution failed to establish that the accused had carnal intercourse with the victim. The judge ruled that the testimony of the child has to be corroborated in 'material particulars' for it to implicate the accused.
First of all, for a child to talk about being sexually exploited is rare, consequently a child's testimony needs to be given serious consideration. Moreover, in the judgement passed by Sardessai J. in February 1999 the trial judge viewed the evidence of spermatozoa in the anus as significant, as it was observed that it was not possible for discharge from the penis to fall on the anus of the same person. Kenkre J., however, has stated that 'discharge from the penis can fall on the anus' of the same person and has raised doubts about the possibility of sperm surviving for more than 48 hours without being 'washed out at the time of taking bath or cleaning the anus after natural course'. Sardessai J.'s contention was that it appears improbable that the sperm in the anus could belong to the same person, because of 'the anatomical position of the anus and the penis' (to quote Judge Sardessai's judgement).
Child rights activists were able to convince the State to appeal to the High Court against the decision of the Additional Sessions Court. But when the case came before the High Court child rights activists were aghast to learn that Brinkmann had left the country. The Public Prosecutor while informing the court that he was 'probably' not in the country, failed to draw the attention of the judges to the fact that the offender in question was a suspected paedophile.
In another travesty of justice the immigration authorities informed the Goa Police after Brinkmann had left the country in spite of a Look Out Circular against him.
Dominique Sabire Sabire was a Frenchman, aged 61 at the time of his arrest in 1999; an associate of Freddy Peats. A holder of two postgraduate degrees and a writer of bestsellers in French, he was caught at Delhi Airport, where he was in transit on his way to Thailand. There were previous references about his visits to Thailand in his letters. He left the country after jumping bail in February 2000, and continues to abscond. Ironically, the Campaign Against Paedophilia had warned the state of this possibility while conducting a campaign on the Brinkmann case.
Sabire was granted bail on 23 June 1999, but was required to report to the CBI office in Panaji every alternate day. He then made a plea that he be allowed to report to the Calangute Police Station as he was residing in Calangute. He was granted permission to do so from 16 February 2000. From 27 February he stopped reporting at the police station. However, Police Inspector Subhash Goltekar, who was in charge of the Calangute Police Station, informed the Public Prosecutor on 29 March, only 31 days after Sabire had stopped reporting to the Calangute Police Station, giving the Frenchman ample time to escape. Following this act of gross negligence on the part of this police officer, letters were written to the Director General Police demanding his suspension. However, to our knowledge, no action has been taken against him to date.
John Colin MiddletonMiddleton, a 71-year-old Britisher, was arrested on 19 March 2001 from a guest house in Benaulim where he was found with three Nepali children; two 13-year-olds and one 15-year-old, who he had brought with him from Nepal. According to Jan Ugahi and Childline, the organisations that had tipped off the police about the case, this man had a previous conviction for sodomy with a child in New Zealand. However, the Interpol has so far failed to respond to the inquiries of the Goa Police in this matter. Middleton was released on bail on 23 March 2001. His passport was later returned to him and he was allowed to leave the country. Unfortunately questions such as how three minor Nepali children were in his custody staying in the same room as him did not receive the attention they deserved.
Alan Dow
In May 2003 the police along with Children's Rights in Goa entered a hotel room in Calangute, and found Alan Dow with a 13-year-old girl, both skimpily clad and sharing the same bed. But as there was no forensic evidence Dow was allowed to leave the country and no case was registered against him.
From the case descriptions given above it is evident that serious attention needs to be given to the question of what needs to be done to protect children and prosecute paedophiles. In order to facilitate the prosecution of paedophiles the following points need to be realised by state authorities:o Investigation of cases of paedophilia should be given as much importance as cases of dacoity/narcotics and the NGOs should not be expected to do all the investigative work. Police should be motivated to investigate such cases by appropriate incentives, such as it reflecting positively in their service records.
Protocols need to be developed to ensure that paedophiles out on bail are prevented from escaping from the country. It should be a matter of procedure that the police communicate with immigration authorities and foreign embassies to alert them to the fact that the suspected offender should not be allowed to leave the country.
Sensitisation programmes have to be carried out among all those dealing with cases of paedophilia - the police, prosecutors and judges.
Existing laws should be used effectively to deal with cases of paedophilia until comprehensive laws are formulated to deal with cases of child sexual abuse.
Credit for this article goes to - Nishtha Desai, who is a child rights activist working with children in Goa.
I applaud her for her research and input but do not necessarily subscribe to all her viewpoints. For instance, the police need abuse specific education and training, incentives shouldn't matter.Secondly, there are NO LAWS against CSA and the Goa Children's Act is a state-specific deterrant which has it's limitations and loopholes as the aforementioned article clearly points out.
Today when NGOs lodge complaints with police officers they do not cast aspersions on the credibility of the complainants, as was often the case earlier. There are police officers in Goa who have investigated cases very effectively. The sad reality is that the will to effectively deal with this problem on the part of the State as a whole is still lacking. The police, the prosecutors, the courts, the Home Department and other state agencies involved have to be committed to stopping the menace of paedophilia.
The details of the cases given below illustrate the point:
Freddy Peats
Arrested on 3 April 1991, he was granted bail within 45 days, after which he freely roamed the state of Goa till he was convicted five years later. The Sessions Court expedited the case only after Mumbai-based child rights activist, Sheela Barse, filed a writ petition in the High Court in 1995 praying that the Sessions Court proceed with the trial on a daily basis. This resulted in Freddy Peats being sentenced to life imprisonment on 21 March 1996.
Kenneth John Clark
An 18-year-old boy from Andhra Pradesh filed a First Information Report against Kenneth John Clark, a British national on 9 October 1996, following which he was arrested by the Colva Police Station and charged under sections 372 and 377 of the Indian Penal Code, 1860 (IPC). The boy alleged that Clark subjected him to anal sex on several occasions. Apparently Clark also allegedly forced this boy to have sex with a 14-year-old boy in his presence. Clark was let off on grounds of insufficient evidence.
Ernie Jean François
In December 1996, Umed, a child rights organisation, received a complaint against Ernie Jean François, a Swiss national aged 52 years, who had brought a nine-year-old girl from Pune, with whom he was residing in Calangute. An informant told Umed that he had been visiting Goa each year since the last three years and that he always brought different children with him. The girl accompanying him at the time had reportedly been with him for almost a year, visiting various parts of India and not going to school. Umed brought this case to the notice of the local police. However, François was allowed to leave the country on 12 March 1997, as the police were apparently unable to find evidence of sexual abuse.
Peculiar features about this case underly the problem faced generally. The police took the girl away from the custody of the suspect only 10 days after Umed filed its complaint. No representative from Umed was allowed to be present for any hearings of the case. The conclusion of the case was communicated to Umed through an official letter from the Home Department of the state government. The letter states that the first medical report ruled out "the possibility of any forceful sexual intercourse" (emphasis added). It goes on to say "in a subsequent medical report the doctor has stated that on interrogation the child admits to having sexual intercourse with more than one person." But apparently, she had not had sexual intercourse with Jean Ernie François. No medical reports were attached to this letter and Umed's written request for the documents met with no response.
Although Umed representatives were not permitted to interview the child, it seems that the chairperson of the National Commission for Women, Mohini Giri met her. On 20 March 1997, The Hindustan Times reported that Ms Giri was 'rattled' by her encounter with this girl. The girl reportedly told her that 'the Swiss uncle would bathe her every morning and at night he showed her blue films and patted her on her face.' He would put her to sleep 'kissing her everywhere'. These sensational revelations did not result in any action on the part of the state, nor was it followed up by any action on the part of the National Commission for Women.
Meanwhile François continues to visit Goa.
Yvonne Rene Wallez
In March 1998, a case was registered by the Calangute police station against a 67-year-old man of Belgian origin, Yvonne Rene Wallez, for sexually abusing a 15-year-old handicapped boy under Sections 373, 377 and 294 of the IPC. However, on 13 May 1998, Wallez was found dead in his room. Jagrut Goenkaranchi Fauz (an organisation concerned with the social impact of tourism) had demanded an inquiry into the death of this man to ascertain whether this man had committed suicide to avoid judicial trial or whether any paedophile associates were involved in his death. However no follow-up was done by the police in this case.
Helmut Brinkmann
In August 1998, some residents of Calangute complained to the police about Helmut Brinkmann, a German aged 53, that he was a paedophile. This was a unique case because the child, a boy around 14-years-old testified against him and forensic examination revealed the presence of sperm in the anus of the child and it was proved that the sperm was of the suspect, Helmut Brinkmann.
Brinkmann was convicted for unnatural sexual offences by the Assistant Sessions Judge, Nutan Sardessai, and awarded rigorous imprisonment for six years. Brinkmann was later acquitted on appeal by the Additional Sessions Judge, D R Kenkre, on seemingly technical grounds.
It is interesting to look at the two judgements, which establishes how the same facts can be given such a diverse interpretation, based on the mind-set of the individual in office. In trial court's judgement three issues were formulated: Firstly, was the boy kidnapped? - In which case the accused would be liable under Section 363 IPC. Secondly, whether there is proof to convict the accused under Section 373 of the IPC; which pertains to buying or hiring a minor with the intent of or knowing it to be likely that such a person shall be used for either prostitution or illicit intercourse or any purpose which is unlawful or immoral. Thirdly, whether the accused committed unnatural sexual offences punishable under Section 377 of the IPC. The court ruled that there was no evidence of kidnapping, but there was evidence to convict the accused under Sections 373 and 377.
In the appeal court's judgement the two points formulated were: Firstly, whether the victim boy is an accomplice in commission of the crime and secondly, whether there is evidence to convict the accused under Sections 373 and 377. But while he has ruled that the victim is an accomplice in commission of the crime, he ruled that 'it is not proved that the guilty was indulging in unnatural offence'.
The judgement contends that to prove that the accused was guilty under Section 373 it was necessary for the prosecution to prove that the accused had carnal intercourse with the victim... and that it was against the order of nature. According to him 'the prosecution was required to prove Section 377 to prove Section 373'. A basic contention of the judge appears to be that the prosecution failed to establish that the accused had carnal intercourse with the victim. The judge ruled that the testimony of the child has to be corroborated in 'material particulars' for it to implicate the accused.
First of all, for a child to talk about being sexually exploited is rare, consequently a child's testimony needs to be given serious consideration. Moreover, in the judgement passed by Sardessai J. in February 1999 the trial judge viewed the evidence of spermatozoa in the anus as significant, as it was observed that it was not possible for discharge from the penis to fall on the anus of the same person. Kenkre J., however, has stated that 'discharge from the penis can fall on the anus' of the same person and has raised doubts about the possibility of sperm surviving for more than 48 hours without being 'washed out at the time of taking bath or cleaning the anus after natural course'. Sardessai J.'s contention was that it appears improbable that the sperm in the anus could belong to the same person, because of 'the anatomical position of the anus and the penis' (to quote Judge Sardessai's judgement).
Child rights activists were able to convince the State to appeal to the High Court against the decision of the Additional Sessions Court. But when the case came before the High Court child rights activists were aghast to learn that Brinkmann had left the country. The Public Prosecutor while informing the court that he was 'probably' not in the country, failed to draw the attention of the judges to the fact that the offender in question was a suspected paedophile.
In another travesty of justice the immigration authorities informed the Goa Police after Brinkmann had left the country in spite of a Look Out Circular against him.
Dominique Sabire Sabire was a Frenchman, aged 61 at the time of his arrest in 1999; an associate of Freddy Peats. A holder of two postgraduate degrees and a writer of bestsellers in French, he was caught at Delhi Airport, where he was in transit on his way to Thailand. There were previous references about his visits to Thailand in his letters. He left the country after jumping bail in February 2000, and continues to abscond. Ironically, the Campaign Against Paedophilia had warned the state of this possibility while conducting a campaign on the Brinkmann case.
Sabire was granted bail on 23 June 1999, but was required to report to the CBI office in Panaji every alternate day. He then made a plea that he be allowed to report to the Calangute Police Station as he was residing in Calangute. He was granted permission to do so from 16 February 2000. From 27 February he stopped reporting at the police station. However, Police Inspector Subhash Goltekar, who was in charge of the Calangute Police Station, informed the Public Prosecutor on 29 March, only 31 days after Sabire had stopped reporting to the Calangute Police Station, giving the Frenchman ample time to escape. Following this act of gross negligence on the part of this police officer, letters were written to the Director General Police demanding his suspension. However, to our knowledge, no action has been taken against him to date.
John Colin MiddletonMiddleton, a 71-year-old Britisher, was arrested on 19 March 2001 from a guest house in Benaulim where he was found with three Nepali children; two 13-year-olds and one 15-year-old, who he had brought with him from Nepal. According to Jan Ugahi and Childline, the organisations that had tipped off the police about the case, this man had a previous conviction for sodomy with a child in New Zealand. However, the Interpol has so far failed to respond to the inquiries of the Goa Police in this matter. Middleton was released on bail on 23 March 2001. His passport was later returned to him and he was allowed to leave the country. Unfortunately questions such as how three minor Nepali children were in his custody staying in the same room as him did not receive the attention they deserved.
Alan Dow
In May 2003 the police along with Children's Rights in Goa entered a hotel room in Calangute, and found Alan Dow with a 13-year-old girl, both skimpily clad and sharing the same bed. But as there was no forensic evidence Dow was allowed to leave the country and no case was registered against him.
From the case descriptions given above it is evident that serious attention needs to be given to the question of what needs to be done to protect children and prosecute paedophiles. In order to facilitate the prosecution of paedophiles the following points need to be realised by state authorities:o Investigation of cases of paedophilia should be given as much importance as cases of dacoity/narcotics and the NGOs should not be expected to do all the investigative work. Police should be motivated to investigate such cases by appropriate incentives, such as it reflecting positively in their service records.
Protocols need to be developed to ensure that paedophiles out on bail are prevented from escaping from the country. It should be a matter of procedure that the police communicate with immigration authorities and foreign embassies to alert them to the fact that the suspected offender should not be allowed to leave the country.
Sensitisation programmes have to be carried out among all those dealing with cases of paedophilia - the police, prosecutors and judges.
Existing laws should be used effectively to deal with cases of paedophilia until comprehensive laws are formulated to deal with cases of child sexual abuse.
Credit for this article goes to - Nishtha Desai, who is a child rights activist working with children in Goa.
I applaud her for her research and input but do not necessarily subscribe to all her viewpoints. For instance, the police need abuse specific education and training, incentives shouldn't matter.Secondly, there are NO LAWS against CSA and the Goa Children's Act is a state-specific deterrant which has it's limitations and loopholes as the aforementioned article clearly points out.
Subscribe to:
Posts (Atom)