Why Do Justice Systems Demand a ‘Perfect Victim’ In Sexual Harassment Cases?

Trigger warning: Mentions gender based violence

While protests and social media outrage against injustice are common, the decreasing attention spans and lack of meaningful action highlight deeper systemic issues, especially in cases of harassment and sexual abuse. When I began to see the ground reality, it shook me to my core how the government, institutions, and organizations work, especially regarding law and order.

The whole country was outraged at the recent RG Kar case. Then, suddenly, a lot of men were targeting the entire idea of feminism and pointing out how the Atul Subhash case is the victim of the #mentoo. We talk about the latest incidents in the media for some time until some other issue takes over.

Are we able to make a difference? Is the ground reality changing? How safe do I feel as a woman today on the roads I walk on?

Every woman I know has encountered at least one incident of any form of harassment – teasing, molestation or sexual abuse. These are the women I casually meet. Women I am close to share all kinds of incidents. Hardly a few have registered complaints. 

This is what happens to women who come forward:

POSH Act came into existence in 2013. “It is designed to protect against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment and matters connected therewith or incidental thereto.” Here are some of the stories of women who dared to come forward and seek justice. Not only were they silenced and threatened directly and indirectly, but they were disrespected, dismissed and invalidated, favouring the perpetrator.

Advocating for gender rights, I am working with these women and standing in unwavering support of them as their hopes for justice hang by a thread in two ongoing POSH cases from different institutions. Both cases reveal disturbing similarities—a biased committee shielding the perpetrator instead of conducting a fair investigation.

A government educational institution in Delhi has been protecting multiple sexual perpetrators for years. There was no reply when we filed the RTI to obtain information on how many POSH complaints were filed in the last 5 years. One brave woman fought against all odds to file the complaint. It has been nearly a year. The victim was pressured to sign a document saying that the gaze was not sexual. The inquiry committee has exceeded the 90-day timeline and has not yet concluded its investigation. Hence, no actions have been taken so far.

In another case of molestation and threatening to rape in Pune in a private organization, all the allegations have been unsubstantiated. This organization is awarded as one of the best employers for women. The ICC committee asked the complainant derogatory questions like – how well did she know the perpetrator? Why did she drop him? The inquiry report is completely biased in favour of the perpetrator, and the committee refused to retract the report. Organizations like these enable perpetrators like him to escalate these behaviours further by not taking action. Coming forward to register a complaint is not as easy as it is; questions like these break their morale.

The committee asked for more proof and witnesses in both cases above. In the first case, there were CCTV cameras everywhere except on the floor where this incident occurred, and all the previous incidents occurred because these perpetrators were repeat offenders. In the other case, it was a private setting. Is a woman supposed to carry a camera and a mic at all times so that she can prove the assault if it happens? As a woman, I am always terrified.

The problem is the justice system chooses to believe and support women when they fit the ‘Perfect Victim’ narrative. They must meet specific standards, like they should be blameless in all aspects, not provoking “them”, not giving any “opportunity” to them, and so many more conditions. After all this, until there are precarious injuries – objects inside the victim, lifeless body or murder, it is not considered serious.

The entire committee lacks basic humanity—empathy and compassion. They don’t even know how to ask questions and empathize with the victim. Each ICC committee includes a member from a women’s rights organization, yet in both cases, this member failed to support the victims. Reliving that traumatic memory is not easy. When the victim becomes emotional or outraged, they remind the victim of their “professional boundaries”. 

Policies alone are insufficient. Governance bodies must ensure their effective implementation, and we need justice systems that prioritize empathy and action. The question remains: Will we continue to let these systemic flaws define our safety and justice, or will we demand accountability and reform?