International
India’s High Court Rules Groping Child Through Clothing Is Not Sexual Assault
Published
2 years agoon

- An Indian appeals court judge drew widespread outrage last week after ruling that groping a child over their clothes does not constitute sexual assault since there is no “skin-on-skin” contact.
- Activists and rights lawyers pointed out that nowhere in the 2012 Protection of Children From Sexual Offenses Act does it state that skin-on-skin contact is required for a sexual assault charge.
- Since a High Court made the decision, many are concerned that it makes the “skin-on-skin” requirement a precedent that other Indian courts need to heavily consider when ruling on cases.
- Supreme Court lawyers and the National Commission for Women are now petitioning the Supreme Court to review and reject the decision.
Judge Rules Sexual Assault Needs Skin-on-Skin Contact
In an extremely controversial decision last week, Bombay High Court judge Pushpa Ganediwala ruled that groping a child over their clothes does not constitute sexual assault
The case started in 2016 when a 39-year-old man groped a 12-year-old girl’s chest and attempted to forcibly remove her underwear. He was found guilty of sexual assault by a lower court and sentenced to three years in prison. He later appealed the decision where it ended up in Judge Ganediwala’s appeals court.
Judge Ganediwala came to her decision by writing that the incident didn’t feature any “skin-on-skin” contact, meaning it failed to achieve the statutory requirements for sexual assault. While she acquitted the man of his sexual assault charge, she did find him guilty of molestation and sentenced him to one year in prison.
Challenging the Ruling
The ruling was met with extreme backlash by activists and rights lawyers all across India. Their largest point of contention is that nowhere in the 2012 Protection of Children From Sexual Offenses Act does it state that skin-on-skin contact is required. Beyond obvious and overt sexual acts, only intending to commit an act is enough to meet the statute.
Adding to their concerns is the prominence of the court. The High Court is about the equivalent of a U.S. District Appeals Court, meaning that it has the power to set a precedent. Like in the U.S., precedence plays an important factor in deciding cases and can often act as a way to clarify laws. Judge Ganediwala’s decision effectively makes the “skin-on-skin” metric the rule when deciding future sexual assault cases.
That requirement may be relatively short-lived. Lawyers from India’s Supreme Court Bar, as well as officials and lawyers from the National Commission for Women, are petitioning the Supreme Court to review and reject the decision. It’s unclear what exactly will happen at this time, but for many, the decision touches on a large issue in India: sex crimes.
The country has long struggled with sexual assaults against women and minors, with many thinking the laws and punishments are too lax against perpetrators.
The issue is so prevalent that in 2018, official figures showed that the rape of a woman was reported every 16 minutes.
See what others are saying: (Times of India) (CNN) (CBS NEWS)
International
95-Year-Old Woman Dies After Police Tases Her in Nursing Home
Published
2 weeks agoon
May 24, 2023By
Chris Tolve
The officer involved was suspended with pay and charged with assault.
A 95-year-old Australian woman whom police tasered in a nursing home last week has reportedly died from her injuries.
Clare Nowland, who had dementia and required a walking frame to stand up and move, was living at the Yallambee Lodge in Cooma in southeastern Australia.
At about 4:15 a.m. on May 17, police and paramedics responded to a report of a woman standing outside her room with a steak knife.
They encountered Nowland, then reportedly tried to negotiate with her for several minutes, but she didn’t drop the knife.
The five-foot-two, 95-pound woman walked toward the two officers “at a slow pace,” police said at a news conference, so one of them tasered her.
She fell to the floor and reportedly suffered a fractured skull and a severe brain bleed, causing her to be hospitalized in critical condition.
Nowland passed away in a hospital surrounded by her family, the New South Wales police confirmed in a statement today.
After a week-long investigation, the police force also said that the senior constable involved would appear in court next week to face charges of recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault.
NSW police procedure states that tasers should not be used against elderly or disabled people absent exceptional circumstances.
Following the incident, community members, activists, and disability rights advocates expressed bewilderment and anger at what they called an unnecessary use of force, and some are now questioning why law enforcement took so long to prosecute the officer involved.
See what others are saying: (Reuters) (The New York Times) (CNN)
International
U.K. Police Face Backlash After Arresting Anti-Monarchy Protesters
Published
1 month agoon
May 8, 2023
London Mayor Sadiq Khan said that some of the arrests “raise questions” and “investigations are ongoing.”
The Public Order Act
A controversial protest crackdown law in the U.K. is facing criticism after dozens of anti-monarchy protesters were arrested during the coronation ceremony in London over the weekend.
The law, dubbed the “Public Order Act” was passed roughly a week ahead of the coronation for King Charles III. It gives police more power to restrict protesters and limits the tactics protesters can use in public spaces. It was condemned by human rights groups upon its passing, and is facing a new round of heat after 52 people were arrested over coronation protests on Saturday.
In a statement, the Metropolitan Police said protesters were arrested for public order offenses, breach of the peace and conspiracy to cause a public nuisance. The group said it gave advance warning that its “tolerance for any disruption, whether through protest or otherwise, will be low and that we would deal robustly with anyone intent on undermining the celebration.”
It is currently unclear how many of those arrested were detained specifically for violating the Public Order Act, however, some of those arrested believe the new law was used against them.
I’m now out of the police station. Still waiting for my colleagues.
— Graham Smith 🇺🇦 🏳️🌈 (@GrahamSmith_) May 6, 2023
Make no mistake. There is no longer a right to peaceful protest in the UK.
I have been told many times the monarch is there to defend our freedoms. Now our freedoms are under attack in his name.
“Make no mistake. There is no longer a right to peaceful protest in the UK,” Graham Smith, the CEO of anti-monarchy group Republic tweeted after getting arrested. “I have been told many times the monarch is there to defend our freedoms. Now our freedoms are under attack in his name.”
An Attempt to “Diminish” Protests
During a BBC Radio interview, Smith also said he believes the dozens of arrests were premeditated.
“There was nothing that we did do that could possibly justify even being detained and arrested and held,” Smith claimed.
“The whole thing was a deliberate attempt to disrupt and diminish our protest.”
Yasmine Ahmed, the U.K. Director of Human Rights Watch, also tweeted that the arrests were “disgraceful.”
All the while people are being arrested on the streets of London for peacefully protesting against the monarchy. @RishiSunak ppl in 🇬🇧 also take pride in our democracy & democratic rights. These are scenes you’d expect to see in Russia not the UK. It’s disgraceful not dazzling! https://t.co/2Ukd4gIKPS
— Yasmine Ahmed (@YasmineAhmed001) May 6, 2023
“These are scenes you’d expect to see in Russia not the UK,” she wrote.
When asked about the controversy, Prime Minister Rishi Sunak told reporters officers should do “what they think is best” in an apparent show of support for the Metropolitan Police.
For his part, London Mayor Sadiq Khan said he is looking into the matter.
Some of the arrests made by police as part of the Coronation event raise questions and whilst investigations are ongoing, I've sought urgent clarity from Met leaders on the action taken. 2/2
— Mayor of London, Sadiq Khan (@MayorofLondon) May 7, 2023
“Some of the arrests made by police as part of the Coronation event raise questions and whilst investigations are ongoing, I’ve sought urgent clarity from Met leaders on the action taken,” Khan tweeted.
See what others are saying: (The Guardian) (CNN) (The Washington Post)
International
Foreign Nationals Make Mad Dash out of Sudan as Conflict Rages
Published
2 months agoon
April 24, 2023By
Chris Tolve
The conflict’s death toll has surpassed 420, with nearly 4,000 people wounded.
As the 10-day-long power struggle between rival generals tore Sudan apart, foreign governments with citizens in the country scrambled to evacuate them over the weekend.
On Sunday, U.S. special forces landed in the capital Khartoum and carried out nearly 100 American diplomats along with their families and some foreign nationals on helicopters.
An estimated 16,000 Americans, however, remain in the country and U.S. officials said in a statement that a broader evacuation mission would be too dangerous.
Christopher Maier, the assistant secretary of defense for special operations and low-intensity warfare, said in a statement that the Pentagon may assist U.S. citizens find safe routes out of Sudan.
“[The Defense Department] is at present considering actions that may include use of intelligence, surveillance and reconnaissance capabilities to be able to observe routes and detect threats,” he said.
Germany and France also reportedly pulled around 700 people out of the country.
More countries followed with similar efforts, including the United Kingdom, Italy, Spain, the Netherlands, Canada, China, Saudi Arabia, Lebanon, and Indonesia.
Yesterday, a convoy carrying some 700 United Nations, NGO, and embassy staff drove to Port Sudan, a popular extraction point now that the airport in Khartoum has closed due to fighting.
Reports of gunmen prowling the capital streets and robbing people trying to escape, as well as looters breaking into abandoned homes and shops, have persuaded most residents to stay indoors.
Heavy gunfire, airstrikes, and artillery shelling have terrorized the city despite several proposed ceasefires.
Over the weekend, the reported death toll topped 420, with nearly 4,000 people injured, though both numbers are likely to be undercounted.
See what others are saying: (The Guardian) (The New York Times) (The Washington Post)

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