You Can’t Prove Trauma by A Victim’s Reactions

A judge in India threw out charges against a man accused of raping a female colleague because she didn’t look like someone who was traumatized.

Tarun Tejpal, a high-profile former editor of Tehelka magazine, was accused of “wrongful restraint, wrongful confinement, assault, sexual harassment and rape by a person in position of authority or control”. The charges against him were dismissed. Why? “She did not look disturbed, reserved, terrified or traumatized in any way even though this was immediately after she claims to have been sexually assaulted,” the judge wrote. The judge questioned why the woman had told three male colleagues about the alleged assault and not her female roommate; why the woman didn’t cry in the presence of her friends; and why she didn’t “demonstrate any kind of normative behavior”.

The alleged victim felt slandered by the judge’s demeaning references about her sexual experiences and assumptions about her character. Sadly, this is too often the case that serves as a cause not to report such crimes.

Let’s be clear that assumptions or facts about a woman’s sexual history or character are not relevant. The only question before a judge should be, did the accused commit rape?

So, the question is, what is normative behavior for a rape victim? There is no norm. Reactions to trauma can vary widely, depending on the person and the situation.

Rape trauma syndrome (RTS) is the psychological trauma experienced by a rape victim that includes disruptions to normal physical, emotional, cognitive, and interpersonal behavior. As might be expected, many people who have been raped will generally experience high levels of distress immediately afterward.

According to RAINN (Rape, Abuse, and Incest National Network (http://www.rainn.org) there are three phases to Rape Trauma Syndrome. The Acute Phase occurs immediately after the assault and usually lasts a few days to several weeks. In this phase, individuals can have many reactions, but they typically fall into three categories of reactions. Expressed reactions are when the survivor is openly emotional. He or she may appear agitated or hysterical, he or she may suffer from crying spells or anxiety attacks. Controlled reactions are when the survivor appears to be without emotion and acts as if “nothing happened” and “everything is fine.” This appearance of calm may actually be shock. Shocked Disbelief reaction is when the survivor reacts with a strong sense of disorientation. He or she may have difficulty concentrating, making decisions, or doing everyday tasks. He or she may also have poor recall of the assault.

In the Outward Adjustment Phase, the individual resumes what appears to be his or her “normal” life but inside is suffering from considerable turmoil. In this phase there are five primary coping techniques:

1. Minimization- Pretends that “everything is fine” or that “it could have been worse.”

2. Dramatization- Cannot stop talking about the assault and it is what dominates their life and identity.

3. Suppression- Refuses to discuss, acts as if it did not happen.

4. Explanation- Analyzes what happened- what the individual did, what the rapist was thinking/feeling.

5. Flight- Tries to escape the pain (moving, changing jobs, changing appearance, changing relationships, etc.).

In the Resolution Phase, the assault is no longer the central focus of the individual’s life. While he or she may recognize that he or she will never forget the assault, the pain and negative outcomes lessen over time. Often the individual will begin to accept the rape as part of his or her life and chooses to move on.

RAINN assumes that individuals will take steps forward and backward in their healing process and that while there are phases, it is not a linear progression and will be different for every person.

Survivors who reach the resolution phase of healing are clear that the responsibility for this trauma was the perpetrator’s and they can move on in their lives. Again, the only question before a judge should be, did the accused commit rape? The question is not whether the victim appears to fit your preconceived idea of what a victim should look like.