On Tuesday, 10th September, the Delhi High Court denied bail to a father accused of raping his 6-year-old daughter in August of last year, highlighting the often-insurmountable long-term ramifications of childhood sexual assault. “An act of sexual assault or sexual harassment has the potential to cause mental trauma to the child and may dictate their thought process for the years to come. It may hinder the normal social growth of the child and lead to various psychosocial problems which could require psychological intervention,” Justice Subramonium Prasad said.
The court stated that providing bail to the man accused of raping her own daughter at this level could undermine the intent of the objective, which was considered when the POCSO Act was implemented. The Act was implemented to shield children from sexual assault, harassment, and exploitation. Following counselling and a medical check-up, the minor informed the doctors that she had been sexually raped by her father on several occasions since February of last year.
According to the minor, the man would insert his private parts into her vagina, anus, and mouth. The judge dismissed the bail application and disregarded the father’s contention that the FIR was filed by the mother due to a marriage conflict between them.
“In the opinion of this Court, a mother would not put the life of her own daughter in jeopardy and make her suffer an investigation and question by the Magistrates and Lawyers in Court, only to get even with her husband,” the court said.
The court noted that the victim’s stand was consistent, but that the inconsistencies and minute details raised by the father’s counsel will be decided at trial. “Paramount consideration is to be given to the well-being of the child whose mental psyche is vulnerable, impressionable, and is in a developing stage. The long-term effects of childhood sexual abuse are, at many times, insurmountable,” the court concluded.
