The ‘Virtue’ Vertigo: Case of the Paradoxical Virginity Test in Rape Cases

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The social concerns attributed to a woman’s bodily autonomy to date stand the test of reason. The recent judgment of the Lahore High Court deeming the derisive ‘virginity test’ on grounds of ‘invasion and infringement on the privacy of a woman to her body has been lauded by women and gender activists across jurisdictions. However, the narrative of crimes against women paints a grim picture. The very existence of the test has garnered much attention and ridicule on account of the malignant impact on the physical, psychological and social well-being of a victim of crime, as abominable as rape. A specimen is the test of virginity, which though now stands unconstitutional in India, yet was prevalent up until 2013. What needs to be noted in this context is that the said test instead of corroborating evidence to the crime of rape places the victim on trial. Needless to say that the dynamics of the virginity test is highly invasive2, having no scientific or medical requirement3, yet carried out garbed under the demands of medical protocols in sexual violence cases4. Needless to say, it is a humiliating practice, which is employed as an instrument of casting suspicion on the victim, more so her character, as opposed to focusing on the accused and the incident of sexual violence5. The current symbolism around the sexual autonomy of women and the construction of gender remain facile, more so fictive6. In this paper, I argue how the standard protocol of collection of medical evidence in trials of sexual crimes, is influenced by social constructs leading to perpetuation attached to coloring a woman’s chastity through the determination of her woman’s sexual history.