INTERPLAY OF THE FIELDS OF MEDICAL AND LEGAL DISCOURSES IN RAPE TRIALS

This article examines how medical knowledge and legal processes interact in rape trials in India. It argues that rape trials continue to be influenced by patriarchal and colonial ideas about women, sexuality and how a “real” rape victim should behave. The article looks at the influence of medical jurisprudence, including the two-finger test, assumptions about virginity and physical injuries, as well as the way courtroom practices and language can affect the credibility of survivors. Drawing primarily on Pratiksha Baxi’s work, the article argues that these practices can lead to the re-victimisation of survivors. It concludes by highlighting the need for a more victim-centred approach to rape trials, rather than treating these problems as isolated defects in individual laws.