There has been outrage in Peru after a court ruled that a woman could not have been raped if she didn't wear red underwear to a party. The judges ruled that the woman was not a victim and was not shy but had been 'prepared or willing' to have sex.
The court ruling has resulted in large-scale protests on behalf of the woman and on behalf of women in general, who the protestors claim are unfairly treated in Peruvian society.
The incident of rape was said to have occurred when the 20-year-old woman was taken to a party by a 22-year-old man, where she fell unconscious. She later woke up in the accused's bed. Defence lawyers had claimed that the woman was seeking revenge on the man and had made up the claims against him.
Judges Ronald Anayhuaman Andia, Diana Jurado Espino and Lucy Castro Chacaltana stated their belief that only a woman that was preparing to have sex would wear red underwear to a party. They stated:
"The supposed personality represented by her [the victim] (shy) does not relate to the undergarment she used on the day of the incident as this type of women's underwear is normally used on special occasions leading to moments of intimacy, which gives the impression that the woman prepared or willing to have sexual relations with the accused."
Peru's Ministry of Women said it 'profoundly rejected' the judgement, in a statement they spoke of their disapproval of the judgement and the ongoing sexism within the country:
"The eradication and punishment of violence against women can only be possible with an impartial Judicial Power that is aware of its fundamental role in order to eradicate rape and discrimination based on gender."
Many of the protests now taking place across the country have involved demonstrators brandishing or wearing red underwear in a show of solidarity with the woman. The protest has also adopted the song 'A Rapist in Your Path' as an unofficial anthem. The song was originally written and sung at international women's day in Chile. The song has been slightly adapted and contains the lyrics:
"The fault was not mine, nor where I was, nor what I was wearing.' and makes explicit reference to how legal systems protect accused rapists, saying 'The patriarchy is a judge that judges us for being born."
The protests go to show that while the judicial system, and much of society, has turned its back on the victims of rape there are huge numbers of people willing to stand up for what is correct and just.
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