Hyderabad Horror | Predatory, anti-social, peer pressure: An insight into the mind of a rapist

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The rape and murder of a 27-year-old vet in Hyderabad seems to have opened a can of worms in the law enforcement and justice delivery system in India.

It took yet another gruesome assault and murder of an innocent to jolt the nation into introspection on what is not right – where are we failing as a society, as a legal system, as a democracy – to bestow upon one half of the population what the other enjoys – freedom.

On December 2, Rajya Sabha was rocked by heated speeches from parliamentarians who demanded capital punishment for the perpetrators. Samajwadi Party MP Jaya Bachchan even said the accused should be lynched publicly.

Describing the incident as a disgrace to humanity, Rajya Sabha Chairman and Vice President Venkaiah Naidu had said, “What is required is not a new bill. What is required is political will, administrative skill, change of mindset and then go for killing the social evil.” He also suggested a rethink on the practice of allowing convicts in heinous crimes mercy appeals.

However, if capital punishment was as strong a deterrent as it is advocated to be, it would have reflected in the crime figures. Various laws have been formulated, several have been amended, yet crime fails to reduce. In fact, more number of barbaric incidents are being reported.

We spoke to criminal psychologist and Supreme Court advocate Anuja Trehan Kapur on why such incidents are on the rise, what goes on in the minds of rapists and what punishment would be an effective deterrent to such criminals.

What goes on inside the mind of a rapist?

Studies have shown that rape is a behavioural crime, and is not about sex per se. It is an act of violence perpetuated in a most ghastly manner.

According to Anuja, “It doesn’t happen in the spur of the moment. The urge is not sudden. It has always been there, just that it has never been gratified.”

Research has also pointed out that most rapists show psychopathic traits or anti-social personality disorders. They are not sinister-looking people who can be spotted from a distance. They sound normal and come from diverse backgrounds. Most culprits accused of having assaulted women started to do so when they were young, likely crossing a line with someone they knew. Of these, some commit one or two sexual assaults and stop; others maintain this behaviour or even pick up pace.

On being asked about the nature of rapists, Anuja said, “The personality is that of a predatory nature. They plan the crime very meticulously in a bid to not get caught.”

A rapist shows no guilt or remorse. In fact, the act is the highest point in his life.

“Pain and pleasure give them a kick. The distress of the victim gives them a thrill” she added.

She pointed out certain factors observed among those who commit sexual violence. These include alcoholism, drug addiction, porn addiction, exposure to rape porn, peer pressure and perceived pressure to have sex. In certain cases, exposure to sex/rape scenes in films and the curiosity of not having experienced it also drives them to commit the crime.

A peer group using abusive language to describe women is also seen as a risk factor.

Will putting these rapists in a reform facility help?

“No. There is no reform for a predator personality. They have to be behind bars,” Anuja told Moneycontrol.

She said they should not be allowed to see the light of the day because in all likelihood, they are going to commit the crime again. “Until they are caught they will keep doing it. They will keep getting the thrill of committing such crimes and enjoying impunity.”

Read Also | Hyderabad Horror: Outcry over rape and murder of 27-year-old; what has changed on the ground?

She also mentioned understanding various characteristics of the criminal – genetics, biological make-up of the brain and the socio-psychological factor, where we talk about nature (surroundings) and nurture (the mother) of the rapist.

A combined study of this gives a deeper insight into the mind of the criminal. “For instance, among siblings born to the same mother, one might show extreme criminal activity, while others don’t have any criminal tendency at all,” Anuja explained.

As far as the biological make-up of the brain is concerned, the prefrontal cortex (PFC) plays an important role in psychopathy. This part of the brain is responsible for cognitive behavior, personality expression, decision making, and moderating social behaviour. “If the pre-frontal lobe has a lot of activity, then the person may be characterised as a psychopath. They are cold-blooded, and show no remorse,” Anuja said.

“There are others, whose prefrontal lobe is damaged (which can happen at the time of birth, or later in life) lead to higher activity and signs of criminal behaviour becoming more apparent,” she explained further.

Psychopathy is often associated with recidivistic criminal activity, and hence there is a pressing need for more effective treatment strategies which come with a better understanding of the subject.

Will punishing the culprits by castration or public lynching be an effective deterrent?

“I do not believe so. Even death penalty cannot do it. The need of the hour is ensuring certainty of punishment rather than demanding more severe punishment,” Anuja said.

She said the laws are not being able to effectively deter criminals because the justice system in India gives the culprits a lot of rights. After being sentenced, they have the option for a review petition, then a curative plea, and then a pardon (mercy petition).

“Even death penalty is not as effective because it is not being used to set an example, courtesy too many layers between pronouncement of death penalty and actual execution of that sentence. Crimes are getting gorier in the absence of a role model. Plus there is no time frame in such cases, hence they go on for years and years,” Anuja said.

“As an advocate and a social activist, I do not endorse lynching of the culprits. We cannot take law into our own hands. On the one hand, we are appealing for a law to curb mob lynching and on the other parliamentarians are advocating it,” she added.

What is the solution?

According to Anuja, if those who have been convicted get to serve their sentence, if capital punishment (which includes life term as well as death penalty) is indeed executed, then it will be set as an example for those who dare to commit such heinous crimes.

“There is no point of sentencing the culprits with death penalty if it is not being executed. Make these trials time bound and execute the sentence,” she reiterated.

She asserted that fast-track courts should aim towards completing a trial within a year’s time and rebuked the police for not filing the complaint on time due to fights over jurisdiction. “After 2012, the concept of a ‘Zero FIR’ was introduced. A Zero FIR means that a complaint can be lodged in any police station irrespective of jurisdiction. Yet the police seems unaware,” she said.

In addition, she said seeing people of higher ranks enjoying impunity in such cases encourages criminal behaviour and makes them believe that they are above the law.