The research paper explores the motives that drive a person to commit rape and how this heinous act affects the victim's physical, mental and emotional health as well as its greater social impact. It highlights the need of understanding the impact of rape on the life of the victim, the social disregard faced by her without her fault, and the fear that creeps into every other person who gets to know about it. It further focuses on understanding the psychological aspects, behaviour and thought processes of the rapists including the factors contributing to such beliefs and thought processes.

Eventually, the paper argues for the implementation of Capital Punishment as the solution to ever growing rape cases and a means of delivering justice to victims. As rape is the worst thing that one could experience in one's life, stricter punishment or capital punishment should be implemented to deter this heinous offence.

Introduction
Rape is a heinous crime that has left an ineradicable scar on the societies around the world. In India, this topic has gained prominence again with the recent Kolkata Rape-murder case. Rape is neither a new issue nor a new concept in India. It has always been an evil faced by women more frequently. The way our Indian society has either normalised it or have ignored it is pathetic. In earlier times, if a girl was raped, she was held the real culprit by the society and her own parents used to kill her in order to prevent their disrespect in the society.

So, during that time very few cases of rapes were registered. Even now the same thing exists in rural and backward areas. Delhi is called the rape capital not because most rapes are committed here but because most cases are registered and recorded here as the people are literate and sensitive towards such acts. The society in urban areas does not hold the victim responsible and liable for the rape committed against her. Therefore, it can be concluded that number of recorded cases does not portray the real picture of true incidents.

Another important aspect of studying this topic is to consider the psychology, thoughts, beliefs and social background of the rapists in order to understand the root cause of the offence. Accordingly, punishment should be decided and imposed upon the offenders.

The Psychology Of Rapists: Key Theories

• Freudian Psychoanalytic Theory: The theory of Sigmund Freud accounts for sexual aggression as well. Freud states that there is behavior, which is acted upon by forces – desires and conflicts, which occur largely outside the conscious awareness of the individual. In this sense, for rapists, Freud would suggest, there is a violence, which may often have sexual elements, due to the failure to repress sexual desires; that is, especially those associated with the instinctive structure described as the id. This viewpoint interprets rape as an outburst of unbridled rage and sexual aggression directed at an unwilling female. Moreover, Freud's 'displacement' can be employed to refer to cases, wherein an individual's contempt or fear of rejection is transformed into aggression and directed towards the victim. Freud's views are often criticized as being under researched but the thoughts about the underlying motives and the importance of early years of development do give insight into the reasons for engaging in such acts as rape.
   
• The Theory of Differential Association: One of the approaches to criminal behavior, including rape, Edwin Sutherland's Differential Association Theory assumes the social learning approach. This theory argues that criminal behavior is acquired through various social contacts, especially close ones. A rapist, for instance, may acquire such sexual behavior from the environments such as, within the family unit, amongst peers or societies that promote rape culture. It emphasizes how norms in society are internalized by individuals with specific regard to sexual relations and violence being that rape can be a behavior that we 'acquire'. This theory also points out factors like media and pornography as well as the promotion of hyper masculinity by peers.
   
• Cognitive-Behavioral Theory: Cognitive-behavioral theories examine the internal processes and cognitive distortions that enable rapists to engage in their criminal acts. For instance, rapists might minimize the damage they are inflicting, abnegate both agency and responsibility, or objectify their victims. Such cognitive distortions assist the perpetrator in justifying their conduct and mitigate feelings of shame associated with their actions. As an illustration, some rapists may believe their victims 'wanted' the sexual act, or that their actions were 'normal' and perfectly fine. This form of justifying is crucial in making sense of why a person may reoffend many times and yet experience no remorse.
   
• Routine Activity Theory: Routine Activity Theory, developed by Lawrence Cohen and Marcus Felson, explains the causes of crime from the environmental perspective. It asserts that the occurrence of a crime is contingent on the co-existence of three elements: a motivated offender, a suitable target, and no capable guardians. For example, a rapist may selectively prey on certain individuals deemed to be at risk (e.g., lonely or drunk ones), and act only in the presence of no or socially-physically disabling factors (e.g., lack of law enforcement or poor legal systems). Importantly, the theory conceives of situational factors as more significant than psychological ones but still illuminates how environmental factors can provoke sexual violence by opportunists.
   
• Feminist Criminology: Feminist criminology seeks to explain acts of sexual violence in their social and cultural contexts. Such theories claim that rape is an image of a society entrenched in patriarchy- one that boasts of the subjugation of women and aversion towards violence against them. Feminist criminologists hold that rape is more than a mere expression of sexual cravings; it is a strategy for subjugating women through dominance and control.

To analyze the reasons women are often victims of sexual violence and some rapists feel justified to dominate women, we must take into account the three-tiered construction of gender, power, and the social organization of power relations.

Consequences Of Rape: Psychological Impact On Victims

The psychological consequences of rape can be serious and long-lasting for victims, affecting them in every emotional, mental, and social aspect of their lives.

Post-Traumatic Stress Disorder (PTSD)
Post-traumatic stress disorder (PTSD) is a common condition suffered by many women who have been raped. This is a psychological condition that entails disturbances such as occur in intrusive flashbacks, nightmares and thoughts that disrupt peace all relating to the traumatic experience. Survivors may 'feel' as if they are 'on guard' all the time, have trouble with sleep, or become jumpy with minor provocations. The enduring sense of fear or anxiety may cripple their ability to perform even the simplest activities, making them wish not to encounter various persons, places or things that remind them of the assault.

Depression and Anxiety
There is a heightened chance of depression and anxiety disorders development among individuals who have experienced rape. Depression can take on many forms, including, but not limited to, deep sadness, a sense of despair, an inability to take pleasure in societal norms or activities, and even self-isolation. Survivors can carry deep shame and self-blame, believing that they played a part in their assault. Anxiety in this case can be worrying, panic, or much aggression even when the threat is imagined.

Suicidal Tendencies
Because of the enormous psychological strain, a great number of survivors experience suicidal ideation or even attempt suicide. They may experience a sense of entrapment due to their trauma as well as the sexual violence that is often condoned in society on which such violence occurs.

Societal Stigma and Victim-Blaming Attitudes
In India, social connotations in relation to rape create havoc not only in the lives of the victims but also to the crime itself. If someone is sexually assaulted, they will have to face that they may be outcast or at the very least, shamed and questioned about their demeanor, attire and actions before or after the attack. This not only causes them mental anguish, but also discourages them from reporting the incident or seeking help. Victims are often chided by their families instead and asked to remain quiet to protect family 'honor.' Such tendencies reinforce the internalization of blame, shame, and other disparaging emotions that further distance victims and aides from their available support systems.

Lack of Support and Justice
There is no doubt that traversing the processes and procedures within the criminal justice system can be itself traumatizing. In India, for instance, many rape victims endure ridicule, ostracism or apathy from the police, healthcare workers and even lawyers. The long drawn nature of the processes plus the dismally low rates of conviction brings about a feeling of injustice, and most victims are left feeling hopeless and abandoned.

Impact on Relationships and Social Functioning
Rebuilding trust in relationships, including family, significant other, or even friends, is a battle for survivors. After the trauma of rape, their safeness is improved, and there are new issues in beginning or continuing relationships. They may also avoid friends and family out of shame or guilt, worsening their already fragile emotional state.

The Motives Behind Rape

The motives for sexual assault can be understood in various ways, though the notions of power, control, and sexual satisfaction tend to be the most important ones. Psychological evaluations indicate the following as the most prevalent motives:

• Power and Control Dominance: A significant number of offenders view rape through a prism of control rather than desire. Such behavior is consistent with the feminist theory, which argues that rape is merely a tool employed within the hierarchical structures of society that favor men.
• Sadistic Gratification: Some actors get off on the pain and anguish inflicted on victims; such individuals are exceedingly dangerous. Such offenders may be psychopaths or have other forms of severe personality disorders.
• Revenge or Anger: There are instances when rape is a means of retribution where the aggressor seeks to punish or humiliate the target.
• Entitled Objectification: Many such offend males believe that they deserve sex from women and that women are mere vessels for their sexual gratification without any room for opposition.

Landmark Supreme Court Judgments On Rape In India:

1. Tuka Ram & Anr. vs State of Maharashtra (Mathura Rape Case) [1979]:
   • Facts: This case involved two constables who raped a sixteen-year-old tribal girl-Mathura-while she was in their custody in the police station.
   • Rulings: The Supreme Court acquitted the rapists explaining there was a presumption of consent of the victim since she was not physically injured. This judgment drew a lot of public outcry and demands for the change of the law such as to the 1983 amendments of the Indian rape laws S. 375 IPC.
      
2. State of Punjab vs Gurmit Singh & Ors. [1996]:
   • Facts: The above case concerned the gang rape of a 16-year-old minor. The High Court had reduced the sentences of the accused appraising the time lapse of the lodging of the complaint.
   • Ruling: The Supreme Court set aside the ruling and stated that the complicity of the victim cannot be doubted because she reported the incident after an appreciable delay. The court equally underlined the need to condescend to the survivors of rape, a few steps before the start of the trial.
      
3. Vishakha & Ors. vs State of Rajasthan [1997]:
   • Facts: The case was about upper caste men gang raping a social worker in the village. The issue suffered regrettably, mainly because there were no appropriate workplace sexual harassment policies in place.
   • Ruling: As a result, the Supreme Court developed a general set of guidelines for sexual harassment at the workplace called the Vishakha Guidelines. The guidelines were subsequently incorporated in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
      
4. Mukesh & Anr. versus State for NCT of Delhi (Nirbhaya Case) [2017]:
   • Facts: This was a well-known case of gang rape in the National capital region that resulted in the death of a 23-year old girl, Nirbhaya, back in 2012.
   • Ruling: The Supreme Court confirmed the capital punishment for the convicts, justifying it on the basis that the crime qualifies for the 'rarest of rare' category. The case has led to amendments to the existing laws on criminal procedure and penal code in particular, which regarded the offence of rape.
      
5. Sakshi v. Union of India [2004]:
   • Facts: The case in question was based on some facts involving child sexual abuse and the petitioner desired that the phrase 'sexual assault' be interpreted widely to include non-penetrative sexual acts.
   • Ruling: Though the Supreme Court was not able to provide a broader definition of the term rape, it did however insist on the adoption of special provisions in the trial court transferring the case involving the sexual assault of a child victim in order to safeguard the rights of victims.

Need For Capital Punishment

The question of whether to implement capital punishment for rapists in India remains inconclusive. Many people argue that imposing it becomes imperative given the increasing incidences of sexual violence in the nation. In light of the statistics on rape, which are mind boggling in every way, the people's mood crisply corresponds to the application of even the death penalty as justified, in order to protect women and render justice.

The Severity of the Problem
Rape is not only a crime; it is abuse of basic human rights which inflicts deep psychological and physical suffering on victims. The National Crime Records Bureau (NCRB) reported more than thirty one thousand cases of rape in India in 2021, and this number represents merely a tip of the iceberg due to many incidences being underreported. Such rampant cases of sexual violence call for an equally aggressive legal regime which generates fear in the mind of defacto offenders.

Deterrent Effect of Capital Punishment
There are those who advocate for capital punishment who believe that the death penalty is one of the most effective ways of preventing serious offences. The Supreme Court of India acknowledged the extreme nature of the crime of rape that could justify the imposition of the death penalty, in particular cases of the "rarest of rare" kind. This is very simple – public perceptions of the most extreme and least tolerable punishment tend to make people think twice before committing a major crime.xxx In regard to members of the society who are prone to rape, the fear of such imposition will greatly reduce the rate of such incidents.

Some studies have shown that severe punishments can decrease the levels of crime. In one study that was conducted by the Bureau of Justice Statistics in America, the study showed that the states that had the death penalty had lower rates of murder than the states that did not have it. Although the situation may not be the same, the rationale of deterrence is in itself a strong justification for banning capital punishment for rape.

Accelerated Judicial Process
Apart from the introduction of death penalty, there is an urgent need for the reforms in legal system to make sure that rape cases are resolved expeditiously. The existing judicial process is usually cumbersome and often takes ages, which may frustrate victims and make them feel that justice is not meted out. The judicial system can 'mobilise' justice by enhancing expediency in cases of sexual offences thereby making it possible to 'see justice' where the emotional and psychological health of the victim is concerned.

The Criminal Law (Amendment) Act, 2013 was a welcome intervention to these issues as it provided for tougher penalties and a speedy trial of cases related to sexual violence. This however does not mean that amendments of this nature are adequate for the desired legal framework in place.

Public Apparition and Comfort
As a result of this, it is no surprise that there are calls from the public for more severe punishment for rape offenders. The outcry for justice and security for females has been illustrated through the social movements that erupted after some highly publicised incidences of rape such as the 2012 Nirbhaya incident. Information from the public is however beginning to endorse carrying out death penalty on offenders as it guarantees punishment on such offenders even in the most extreme manner.

Conclusion
The motivations of rapists are within the basic human instinct of aggression but more focused in terms of power and control. The criminological perspectives provide an understanding of the motivations behind such behaviors which are predominant in the society. Also, the legal system in India is improving albeit very slowly with regard to issues of sexual violence. Even though the use of death penalty has been on the rise in cases of rape, its ability to deter such within the society is debatable. In the future, a more pragmatic approach addressed by both tough laws and moderate social reform may be appropriate in addressing the rape crisis in India.

References:

1. Sigmund Freud, Beyond the Pleasure Principle (Dover Publications, 2011).
2. Edwin H. Sutherland, Principles of Criminology (Rowman & Littlefield, 2013).
3. Lawrence Cohen and Marcus Felson, Routine Activity Theory (Oxford University Press, 2009).
4. Groth, A. Nicholas, Men Who Rape: The Psychology of the Offender (Plenum Press, 1979).
5. Mukesh & Anr vs State for NCT of Delhi (2017) 6 SCC 1.
6. Tuka Ram And Anr vs State Of Maharashtra AIR 1979 SC 185.
7. Sakshi vs Union of India (2004) 5 SCC 518.
8. State of Punjab vs Gurmit Singh (1996) 2 SCC 384.
9. Vishakha & Ors. vs State of Rajasthan (1997) 6 SCC 241.
10. Criminal Law (Amendment) Act, 2013.
11. Criminal Law (Amendment) Act, 2018.
12. Law Commission of India, 262nd Report, The Death Penalty (2015).
13. Amnesty International, Death Sentences and Executions 2019 (2020).

End Notes:

1. AIR 1979 SC 185.
2. (1996) 2 SCC 384.
3. (1997) 6 SCC 241.
4. (2017) 6 SCC 1.
5. (2004) 5 SCC 518.

Award Winning Article Is Written By: Ms.Aishwarya Sareen

Authentication No: OT429422263469-20-1024