Nepal holding generations of patriarchal mindset has been seen as the society which enormously promotes the notion of victim-blaming. Girls and women of Nepal become more victims than men in sexual assault and rape. Men are also blamed where they become a victim but in Nepal, women, and girls are suffering more. If females spoke the truth about the crime where she has been victimized, no one in society step in front to help them. Everyone comes up with the mindset that she has done something to provoke the perpetrator or something else will be there to blame the victim itself who has been suffering. It is the saddest reality of our society that people who are going through a lot are being blamed for their pain, they must be helped by the judiciary of the country where people believe if no one is their judiciary will never let the victim suffer from justice.
In one of the decisions made by Hari Prasad Pradhan, he stated that government is an eagle, citizens are chicks and the judiciary is a hen who will protect its citizens when the government attacks. Not the government is to be made liable but justice must prevail over. The perpetrator must be liable for the crime rather than blame the victim. Judiciary must play a vital role to give fair justice to the victim without harming the rights of the perpetrator.
Victim blaming is the concept of holding the victim accountable for the crime by which the victim itself had been suffering rather than making the perpetrator liable. Victim blaming is the bitter truth to hide the actual perpetrator of the crime. It is a useless notion which still exists in our society openly, when any wrongful act is committed the victim is held liable entirely or partially for that act.
No one thinks that how hard it will be to be the victim of any crime and also to be pointed as accountable. How will be they maintaining their mental health after being a victim has anybody thought about that but no we people only blame them for the act they even never thought before would happen to them.
Being a victim, itself hits the mental health too much but also, they manage to make them normal just to be adjusted in the society. The victim can never be liable for the crime or any wrongful act. Let’s be clear about the word itself victim means the sufferer who has been harmed by something that can be mentally or physically.
Perpetrator means an individual who causes harm, pressure, and illegal acts. This is the actual meaning of the words. But, in our society, we can see that victim is liable for the act in that case because to use such words if the one is liable then the person is the perpetrator.
To decrease the notion of victim-blaming to some extent the concept of victimology plays an important role. Victimology refers to the study of psychological effects on the victim of the crimes, also the relationships between the victim and the perpetrator, and also between the victim and criminal justice systems. Victim blaming can be enlarged to sexual harassment and rape cases mostly but there are also some of the offenses which unnecessarily promote the concept of victim-blaming.
According to Kayleigh Roberts, he stated one example – if an individual is pickpocketed and the one who did the act state that the person was keeping the wallet in the back pocket. Such a minor act or offense also promotes the notion of victim-blaming. People always say that the victim had the chance and time to avoid such acts and should have got the idea that the crime will happen but no only such words are being raised. Also, they are blaming the victim for the act which they never thought that’s going to happen.
The perpetrator is the most liable person for the crime. Justice must be done to both parties. The victim must be compensated, should not be blamed for the crime and also, they must be re-established in the society. The perpetrator must be accountable for the crime but their human rights must be protected like the right to a fair trial and being treated as a human. But, making the victim uncomfortable even after the crime is very pathetic. There should not be any victim-blaming rather the perpetrator must be punished and justice must be provided for both parties.
People blame the victims for many reasons. They present the perpetrator as the innocent person who is the one suffering. And say various things which make the victim more uncomfortable.” If I were there, I could avoid the crime and save myself”. Such sentences we can hear from the people who try to blame the victim to a greater extent. People must be aware of why this all-negative reaction arises when the victim does nothing but be a victim.
The main disadvantage of victim-blaming is that people who suffered from the crime will stop reporting about the crimes and become more reserved about the acts. They will be highly deprived of justice and also the perpetrator will be encouraged to commit such crimes with others too. And, it is a very sad thing. The victim must be encouraged to explain the scene of a crime and be able to report the crime.
Many girls who are sexually tortured and abused, belongs to the age under 18 and people who blame victims can also blame the children? The even do not have the idea of the crime that is being happened against them. The classification of rape offence itself clarifies that minor are unknown to the facts of it. Even they consent then also it comes under rape. Victim blaming must be stopped and there must be proper implementation of law and justice for it.
Victims are usually misinterpreted as passive people who directly submit themselves to the violence. Perpetrators are described as the helpless criminal who is compelled to commit the crime which is not possible to stop by them. Our society has given such a big space to the perpetrators rather than the victims. The perpetrator must be liable for the wrongdoings which harm an individual of the society by which the society will be affected at large. Thus, rather than enhancing the notion of victim-blaming, hold the perpetrator accountable for the crime.
(Aryal is BALLB student of Kathmandu School of Law, Bhaktapur.)