2 weeks ago
Bombay High Court convicts Tarun Tejpal, rejects 'perfect victim' expectations
Tarun Tejpal is a man accused of a very serious crime against a young woman who worked with him.
The bad thing happened in a hotel elevator in 2013.
In 2021, a court in Goa said he was not guilty.
That court said the woman did not act the way it thought a scared victim should act.
But a bigger court called the Bombay High Court disagreed.
On August 6, it said Tejpal was guilty of rape and sent him to prison for 10 years.
The writer of this article is angry about how people judge victims of bad things.
She says people expect a 'perfect victim' who reports quickly, remembers everything, and acts just right — but real women do not always behave that way.
She thinks women should be believed and supported instead of being judged for how they reacted.
The Bombay High Court overturned a Goa sessions court's 2021 acquittal and convicted former Tehelka editor Tarun Tejpal of raping a young colleague in a 2013 hotel elevator assault.
Tejpal was sentenced to 10 years' rigorous imprisonment in the August 6 ruling.
The 2021 trial judgment had scrutinised the complainant's messages and behaviour, observing that she had not demonstrated 'any kind of normative behaviour' and was 'neither traumatised nor terrified'.
The High Court rejected the premise that a woman's credibility can be measured against a prescribed script of victimhood.
The columnist criticises the social construction of the 'perfect victim' and victim-blaming coverage, citing Newslaundry's 2014 'Letter to Ms Tehelka-Assault-Victim' by Nirupama Sekhri.
- Who
- Tarun Tejpal (convicted of rape), the complainant, a young colleague, and the courts — a Goa sessions court and the Bombay High Court.
- What
- The Bombay High Court overturned Tejpal's acquittal, convicted him of raping a colleague in a hotel elevator in 2013, and sentenced him to 10 years' rigorous imprisonment.
- Where
- India — the incident allegedly occurred in a hotel elevator, with the trial in Goa and the ruling from the Bombay High Court.
- When
- Convicted on August 6; the alleged assault occurred in 2013 and the acquittal was in 2021.
- Why
- The lower court had judged the complainant against 'perfect victim' behaviour; the High Court rejected that standard, and the columnist argues such expectations unfairly burden women.
Critics of the 'perfect victim' standard
Proponents of strict victim-conduct scrutiny
Judging victim credibility
Critics of the 'perfect victim' standard
A woman's credibility should not be measured against a prescribed script of victimhood; the Bombay High Court rejected such scrutiny in overturning the acquittal.
Proponents of strict victim-conduct scrutiny
The Goa sessions court reasoned that the complainant's messages and behaviour showed she was 'neither traumatised nor terrified' and displayed no 'normative behaviour' of an assault victim, which supported the 2021 acquittal.
Questioning a victim's conduct
Critics of the 'perfect victim' standard
The Newslaundry letter by Nirupama Sekhri was victim-blaming: it disputed the complainant's status as a victim, asked why she did not kick or punch Tejpal, called her a 'bubblegum feminist', and called the assault a 'small occurrence'.
Proponents of strict victim-conduct scrutiny
The letter treated such questions as legitimate scrutiny — casting doubt on the complainant's account and arguing the incident was being exaggerated into an 'ultimate felony'.
Key facts
- Main figure
- Tarun Tejpal
- Charge
- Rape of a young colleague in a hotel elevator (2013)
- 2021 ruling
- Acquittal by a Goa sessions court
- August 6 ruling
- Conviction by the Bombay High Court; 10 years' rigorous imprisonment
- Trial court's reasoning
- Complainant showed no 'normative behaviour'; messages showed she was 'neither traumatised nor terrified'
- High Court's stance
- Rejected judging a woman's credibility against a prescribed script of victimhood
- Criticised media piece
- Newslaundry's 2014 'Letter to Ms Tehelka-Assault-Victim' by Nirupama Sekhri
- Author
- A researcher based in New Delhi
Quotes
Article author
Researcher based in New Delhi
“"The perfect victim, after all, is part of a larger obsession with female perfectness."”
indianexpress.com
Sources
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