Justice Miscarried- An Examination of Trauma Experienced by Falsely Accused Individuals in Sexual Offence Cases
Sexual crime shatters life, and survivors often carry the weight of their trauma long after the world has moved on. An accusation of such an offense carries profound legal, social, and psychological ramifications. However, when allegations are fabricated, they result in a grave miscarriage of justice, inflicting irreparable harm upon the falsely accused. It must also be remembered that being falsely accused is a slow suffocation. Indian penal laws are designed to safeguard vulnerable groups, particularly women and children, from sexual offenses. Yet, the intensified legislative focus on sexual crimes, particularly following the 2013 criminal law amendments, has inadvertently facilitated instances of legal misuse. This paper critically examines the statutory framework governing sexual offenses, scrutinizing its potential for exploitation, identifying common areas of misuse, and analyzing the devastating repercussions on individuals wrongfully implicated, including social impact, psychological distress, and professional ruin. Through an analysis of various cases and legal precedents, the study highlights these concerns while underscoring the need to ensure that genuine victims are not subjected to further trauma while navigating the judicial process. Additionally, this paper conducts an incisive analysis of the reformed criminal laws of 2023 to evaluate their efficacy in mitigating false accusations without undermining the rights and protections afforded to legitimate survivors. The human rights implications are also examined. Drawing insights from international best practices, the paper explores potential avenues for legal development. Ultimately, it advances recommendations aimed at fostering a more balanced, gender-neutral legal framework that upholds equality.
Institutions
- Tamil Nadu Dr. Ambedkar Law University (IN)
Publication Details
- Journal
- Zenodo (CERN European Organization for Nuclear Research)
- Published
- 2025-11-09
- DOI
- https://doi.org/10.5281/zenodo.17887488
- Primary Topic
- Sexual Assault and Victimization Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00