US has four times more rapes than India with dismal conviction rate

By Vinay Nalwa
Updated: August 23, 2024 15:22
U.S. Department of Justice Headquarters in the Robert F. Kennedy Building, Washington, D.C. Image Source: Wikimedia Commons

Rape is an unlawful sexual act, usually involving intercourse, carried out against the victim’s will through force, threats, or when the victim cannot legally consent due to factors like age, mental incapacity, or intoxication. While it was once thought to result from uncontrolled sexual desire, it is now recognized as an act of power and control over the victim. Rape is often tied to racial, ethnic, and class hatred or seen as a product of patriarchal systems that treat women as property.

The issue of rape and sexual violence remains a global concern, with varying rates and responses observed across different countries. A nuanced comparison between India and the United States not only sheds light on the frequency of such incidents but also highlights underlying social and cultural factors that may influence these trends. Central to this discussion is the role of family structures and values, particularly within the context of Hindu culture in India, which is often cited as a protective barrier against sexual violence.

Statistical Overview

According to the World Population Review, in 2020, India reported approximately 22,172 rape incidents, translating to a rate of 1.8 per 100,000 citizens. This figure, while significant, contrasts sharply with the data from the United States, which recorded a rate of 27.3 per 100,000 citizens in the same year. The U.S. saw a staggering 84,767 rape incidents reported, a reflection of the broader societal challenges that contribute to the prevalence of sexual violence.

The disparity between these two countries extends beyond just the number of reported cases. In the United States, only 9% of rapists are prosecuted, and a mere 3% end up serving a day in prison. This low conviction rate highlights a troubling gap in the justice system, where the likelihood of offenders facing legal consequences is markedly slim. In contrast, India’s legal framework, despite its own challenges, often results in stricter penalties for sexual violence, reflecting a legal environment that is increasingly intolerant of such crimes.

Looking deeper into the situation in the United States, research from the study “Sexual Violence in America: Public Funding and Social Priority” by Randall Waechter, PhD, and Van Ma, BSc, offers a stark portrayal of the prevalence of sexual violence. The survey results from the National Intimate Partner and Sexual Violence Survey (NISVS) indicate that nearly 1 in 5 women in the United States (19.3%) has been raped at least once in her life. This includes both completed and attempted forced penetration, with a vast majority (78.7%) of women reporting that their first rape occurred before the age of 25, and 40.4% before the age of 18, classifying a significant portion of these cases as child sexual abuse. Furthermore, in the 12 months leading up to the survey, 1.6% of women reported being raped by any perpetrator. Additionally, almost 1 in 2 women (43.9%) reported experiencing at least one episode of sexual violence other than rape or attempted rape at some point in their lives, with more than 1 in 20 women (5.5%) experiencing such violence in the last 12 months alone. Given that there were 118.89 million women aged 18 years and older in the United States in 2011, these statistics suggest that approximately 1.9 million women are raped, and 6.54 million women experience sexual violence other than rape annually.

Moreover, a 2014 study by Yung titled How to Lie with Rape Statistics: America’s Hidden Rape Crisis in the Iowa Law Reviewsuggests that law enforcement in the United States may manipulate rape statistics to create the illusion of success in fighting violent crime. When such cases are investigated, defendants are rarely convicted.

The complex and distressing process of proving consent in court often discourages rape victims in the U.S. from reporting the crime or pressing charges. According to the Bureau of Justice Statistics, fewer than one-quarter of rapes or sexual assaults were reported to the police in 2016. Additionally, those accused of rape have a higher-than-average chance of acquittal due to the challenges in proving the crime, especially in the absence of witnesses. This contributes to rape being both underreported and underprosecuted in the United States.

According to the National Institute of Justice &Centers for Disease Control & Prevention, 1 out of every 6 American women has been the victim of an attempted or completed rape in her lifetime (14.8% completed, 2.8% attempted) as per their 1998 report, Prevalence, Incidence, and Consequences of Violence Against Women Survey.

The culture in the United States has led to the trivialization of violence against women, with the media possibly contributing to this perception. A 2008 study by Stankiewicz and Rosselli titled Women as Sex Objects and Victims in Print Advertisements concluded that violence directed towards women is often portrayed as insignificant in the public eye.

According to L. Norment’s research paper, “What’s Behind the Dramatic Rise in Rapes?”, American society’s fixation on sex and violence—perpetuated through the press, television, and movies—is a significant factor contributing to the increasing rates of rape. The paper suggests that exposure to violent content can lead to violent behavior, with some rapes being linked to the rising use of drugs. Additionally, the growing willingness of women to report incidents, including date and acquaintance rape, also contributes to the higher statistics.

Another factor is that the United States has experienced a significant shift away from traditional family structures. A substantial portion of adolescents in the U.S. grow up in non-traditional households, a factor that studies have shown increases their vulnerability to sexual violence. For example, adolescents not living with both parents are 2.5 times more likely to report a history of forced sexual intercourse. The erosion of stable family environments appears to correlate with higher susceptibility to such crimes, pointing to a possible link between family disintegration and the prevalence of sexual violence.

If we observe in India, particularly within Hindu culture, the family is revered as a sacred institution that upholds respect, moral responsibility, and protection. Women are seen as embodiments of Shakti, or divine feminine energy, and are honored in their roles as mothers, daughters, sisters, and wives. This respect is deeply ingrained in the social fabric, where the family structure, guided by dharma (righteous duty), fosters a protective environment for women.

Hindu family values emphasize close-knit relationships, mutual care, and collective responsibility. The traditional joint family system, where multiple generations live together, plays a crucial role in safeguarding women from external threats. Elders within the family impart moral values, guiding younger members to uphold principles of respect, humility, and non-violence. These teachings create a moral framework that condemns sexual misconduct as a severe breach of dharma, thereby fostering a societal environment where such acts are less likely to occur.

The contrast with the American experience is noteworthy. While the U.S. legal and social systems are robust in many respects, the decline of traditional family structures may contribute to the higher rates of sexual violence. The lack of a cohesive family unit, which in many cases serves as a first line of defense against various social ills, could be a missing protective layer that leaves individuals, particularly women and adolescents, more vulnerable.

Conviction and Punishment: A Comparative Perspective

The rate of conviction and the severity of punishment for rape in the United States further complicate the issue. Despite the high incidence of reported cases, the American legal system’s effectiveness is often questioned due to the low percentage of convictions and the comparatively lenient sentences. This situation contrasts with India, where, although challenges exist, there is an increasing trend toward harsher penalties for sexual offenders, reflecting a societal demand for justice and protection.

Conclusion

The rape incidents in India and the United States highlights the significant role that family structures and cultural values play in shaping societal responses to sexual violence. In India, the preservation of strong family ties and the emphasis on dharma create a protective environment that may contribute to lower rates of such crimes. Conversely, the erosion of traditional family structures in the United States appears to correlate with higher vulnerability to rape, particularly among adolescents living in non-traditional households.

 

(The writer, a Ph.D. in Sociology, is an author and columnist. Her latest book is “The Blood In The Sea: The Dark History of Hindu Oppression in Goa.)

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