Legal Neutrality & the Evolution of Gender Equality
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Legal Neutrality & the Evolution of Gender Equality
The
very foundation of the legal system relies on safeguarding the lives of
everyone, man or woman. For the judicial system to offer true justice, the same
exacting standards must be imposed upon both perpetrators of sexual assault
& those leveling false & malicious claims against someone. In this
manner, neither perjury nor the ruin of innocent lives occurs without serious
consequence.
Gaps
are sometimes utilized to the advantage of a criminal element. We see examples
of where physical intimacy, in a living together arrangement that was
consensual initially or that began without the expectation of marriage, is used
as leverage to extort a person for money, on the threat of being prosecuted for
sexual assault. Similarly, the charge of "rape on the false promise of
marriage" raises legal issues in the context of the dissolving of a
mutual, non-marital relationship.
When an individual chooses to enter into a non-marital
relationship that involves intercourse with a consenting other, he/she has a
degree of personal responsibility for any ambiguities in the nature of the
relationship.
Even
more contemporary issues arise out of the realm of digital dating. In these
circumstances, a romantic interest is used to extort, for money. Obviously, one
has to be cautious in interactions on dating sites, but extortion is definitely
a crime and should be punished by law.
The
"Me Too" movement may have
successfully raised consciousness of the issue of sexual harassment, most visibly
in the cinematic arena, yet the issue of predatory behaviors does
not negate the possibility of history, of an individual's career decision being
one that was voluntarily made at one time, for the sake of professional
ambition & now brought to light through contemporary issues.
Genuine
claims must be prosecuted vigorously, but the law must be sensitive to false
charges brought about due to personal vendettas or professional disillusionment
or even financial motivation.
To provide complete
equality, the following points are to be considered with strict, unswerving
adherence to the application of law and penalties:
Symmetrical Punishment:
The laws that govern the punishments for sexual
assault & harassment must be precisely the same for that governing the
punishment for filing a malicious, false accusation against someone.
Objective Family Law:
In alimony & divorce proceedings
particularly, family law should be predicated upon objective economic &
health concerns & nothing more.
Protection of Privacy:
The identities of the alleged & the accuser
shall have exactly the same protections & considerations until a decision
is rendered in the court of law. Both parties have lives to maintain, both have
families to consider & neither should have their identity publicly
scrutinized to be annihilated by a potential false accusation.
Conclusion:
If the law is to offer & provide true equality to
everyone, it must do so without considering the gender of an individual, but
rather by keeping a sharp eye on the truth. The legal system cannot stand as a
pillar of gender equality if it cannot equally stand as a blind, fair body.
This article is by the Author Jeevan
Gopalan:
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