The Kerala High Court’s decision to deny bail to Malayalam actor Siddique is a stark reminder that late filing of a complaint by a survivor does not equate to false accusation or malicious intent. On the contrary, it reflects the complex and difficult reality that assault victims face when they come forward.

Often, the legal system and society at large question the timing of a survivor’s actions rather than the trauma that influences these delays. The court’s rejection of this “uncharitable view” of Siddique’s legal team is a step towards eliminating this deep-rooted bias.

With the Hema Committee’s report on sexual misconduct in the Malayalam film industry now out, it is clear that the delay in reporting the perpetrator is often due to fear, coercion and the power dynamics that suppress voices. Many women in the industry have started speaking out about their “terrible experiences” at the hands of veteran actors.

In Siddique’s case, a young actress filed a complaint against him with the Thiruvananthapuram police in August over an alleged rape incident that occurred around 2018. She accused him of raping her in the posts mentioned in 2019 but later came forward and recorded her statement with the Hema Committee. She subsequently filed an FIR with the Thiruvananthapuram police, which forced Siddique to resign as general secretary of AMMA, the Malayalam Film Artists’ Association.

The court took seriously the sweeping statements on the matter and criticized the attack on the survivor’s late filing of the complaint. It described these as “reckless, defamatory and intended to damage the plaintiff’s image”.

The survivor in this case, in which Siddique applied for bail, like many others, had to endure years of trauma before she could speak her truth. Her defense in court of why his bail should be denied highlighted the brutality she faced and her lawyer argued that Siddique should be arrested and not released on bail.

The Kerala High Court cited several Supreme Court precedents that underscore the fact that delay in reporting cannot weaken the prosecution’s case. Furthermore, the Hema Committee’s findings appear to have emboldened many victims of sexual assault, including the one in the Siddique case.

Sharing the Supreme Court’s observations in the recent case *Bilkis Yakub Rasool v. Union of India* (2024), Justice Dias said, “A woman deserves respect irrespective of her status in society, her faith or beliefs.”

Siddique is charged with rape and criminal intimidation. The special investigation team set up to probe complaints from survivors of the Malayalam film industry who have alleged serious crimes like rape, molestation and mental harassment is now looking for this senior Malayalam actor. The police have also issued a notice in his name and published it along with his photograph in various Malayalam and English newspapers across Kerala. Siddique has been missing since the court rejected his bail application on September 24.

According to the survivor’s complaint to the police commissioner, Siddique first contacted her through Facebook in 2014. Over the years, he built a relationship with her and her family, offering her career support and encouraging her to enter the film industry. In 2016, she attended a preview of his film “Sukhamayirikatte” with her parents. This was the first time she met the defendant, as described in the bail order. After the film, he invited her to lunch at the Mascot Hotel to discuss a new film in which his son was to star, and she met him in his hotel room.

When Siddique was alone with her in his hotel room, his behavior became predatory.

“The defendant had the survivor sit in a chair next to his bed and explained the adjustments and compromises that are expected of women in order to excel in this field. He then approached the survivor and, without her consent, grabbed her hand, squeezed her fingers, and said that her nails looked good and that he loved her nail polish color,” the court document states.

It also describes how she was forcefully pushed and restrained while inappropriate acts were committed against her. The survivor was in shock and although she tried to push the “accused” away, she was threatened and forced into submission.

“She told the defendant that she would tell people about the incident. But he told her that no one would believe her as she had no profile and her reputation was nil compared to his. The survivor was completely shaken and was able to flee the room completely shaken. Even after the incident, the defendant attempted to contact the survivor, but she refused to respond to his calls and blocked him,” the court document states.

The trauma was so intense that the survivor could not talk about it with her parents. It wasn’t until 2019 that she plucked up the courage to talk about it on social media.

“The survivor subsequently received threatening messages that prevented her from filing a complaint. The survivor has experienced immense trauma, fear and suffering and still fears for her life. Therefore, urgent intervention is required. Following the complaint, the FIR was registered against the accused,” the bereaved’s lawyer argued why Siddique should be arrested and denied bail.

While seeking bail, Siddique’s lawyer alleged that there was inordinate delay in filing the complaint and alleged that the FIR was registered only eight years later, proving the falsehood and hollowness of the crime. The survivor did not provide a plausible explanation for the excessive delay in filing the complaint.

The court held that a delay in filing a complaint did not weaken the prosecution’s arguments. If there has been a delay, this is not a reason to dismiss the case, especially if a bail application is being considered.

Justice CS Dias of the Kerala High Court rejected Siddique’s bail application, stating that “victims of sexual abuse and assault may face psychological, emotional and social barriers that lead to delay in reporting the matter, which is in context the situation must be understood.” Trauma. The survivor too must have gone through a lot of turmoil and only after serious consideration did she decide to file the FIR.”

Explaining the reasons for denying bail, the court said that after an overall examination of the facts, the nature, gravity and seriousness of the allegations made against the plaintiff and the evidence, it is prima facie apparent that the plaintiff is involved in the was involved in the crime. The plaintiff’s interrogation in custody is necessary for the proper investigation of the crime.

Siddique’s lawyer argued that the survivor had not alleged in her social media posts that the complainant had sexual intercourse, so the charge under Section 375 of the IPC was not applicable. The lawyer also argued that the survivor is outspoken and does not hesitate to falsely accuse others, making it unlikely that she would be afraid to file a complaint against someone who misbehaved with her.

It was also argued that “the survivor used the ‘MeToo’ hashtag, which shows that she is trying to blackmail the petitioner.” Siddique’s lawyer further alleged that the survivor had repeatedly made defamatory posts against the petitioner and published them in print, visual and social media and “the petitioner’s silence has left the survivor insecure”. They argued that the case and allegations were made only to put Siddique behind bars.

“The petitioner is a law-abiding citizen with no criminal record. He is prepared to comply with all conditions set by this court and to cooperate with the investigation. Since the complaint is received very late, there is no need for detention and custodial interrogation of the plaintiff to collect evidence,” argued Siddique’s lawyer.

Siddique’s lawyers also claimed that the delay in filing the case was an indication that the allegations made by the survivor were untrue and aimed at “denigrating the image” of the actor. They also stated that the survivor “did not provide a plausible explanation for the excessive delay.”

The survivor’s lawyer argued that “due to the plaintiff’s position of power, the survivor feared for her life, which is why she did not complain earlier.” After the Justice Hema Commission report was published and many stakeholders opened up, the survivor also gathered courage , to complain,” the bail document states.

In denying Siddique bail, Judge Dias’ reasoning was clear: the seriousness of the allegations and the evidence presented. “…the examination of the plaintiff in custody is necessary for the proper investigation of the crime, especially since his defense completely denies the incident and a potency test is to be carried out. Given the public prosecutor’s reasonable fears that the plaintiff could intimidate witnesses and tamper with evidence…”

The arguments in this case also highlight the larger struggle for justice in sexual assault cases in India and the need to create a system that recognizes survivors’ trauma, including the fear of being defamed, slandered, or even labeled as frivolous.

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MADISON, Wis. –

The University of Wisconsin Board of Regents voted unanimously Friday to fire a communications professor who wanted to keep his job after he was fired as chancellor of one of the system’s campuses for producing pornographic films.

Joe Gow, who served as UW-La Crosse’s chancellor for nearly 17 years, argued last week that he should retain a teaching position on campus. But the university’s lawyers argued that he behaved unethically, violated the terms of his employment contract, damaged the university’s reputation and compromised its mission.

The regents met in closed session Friday morning before publicly voting to fire Gow. There was no public discussion before the board vote.

Gow said he is considering filing a lawsuit to keep his teaching job. He did not immediately respond to a message Friday morning.

Gow has been on paid leave from his faculty position since the regents fired him as chancellor in 2023, shortly after university leadership became aware of the videos posted on pornographic websites.

The case has drawn national attention both for the salaciousness of a high-ranking university official making and speaking publicly about pornographic films and for the questions it raises about free speech rights.

Gow argued that his videos and two e-books that he and his wife Carmen published about their experiences in adult films were protected by the First Amendment. The university’s attorney argued that Gow’s videos themselves were legal, but that they were not protected by his employment contract.

Zach Greenberg, an attorney with the free speech advocacy group Foundation for Individual Rights and Expression, called the regents’ decision “a major blow to academic freedom and the right to free expression.”

“FIRE has said time and time again: Public universities cannot sacrifice the First Amendment to protect their reputations,” Greenberg said. “We are disappointed that the UW has caved to donors and politicians by alienating a tenured professor.”

Republican lawmakers already view Wisconsin’s university system as a liberal incubator. Last year they forced the company to scale back its diversity initiatives. System President Jay Rothman has tried to avoid further angering conservatives as he seeks approval for an $855 million increase in the next state budget.

Gow’s hope of teaching in the classroom again was rejected by his department head, Linda Dickmeyer. She said that because Gow had not taught in 20 years, he would be assigned general education courses, but she declined to allow him to return to teaching in any capacity.

Gow was criticized in 2018 for inviting porn actress Nina Hartley to speak on campus. She received $5,000 from tuition fees for her performance. The university said he came up with the idea of ​​bringing her to campus after filming a pornographic video with her.

Gow and his wife’s e-books were written under the pseudonyms “Monogamy with Benefits: How Porn Enhances Our Relationships” and “Married with Benefits – Our Real Adventures in the Adult Industry.” But they also star in a YouTube channel called “Sexy Healthy Cooking,” in which the couple cooks meals with porn actors.

(This story has been updated to add new information.)

After Tropical Storm Helene, the system, which was a devastating hurricane in northern Florida and Georgia, was still causing catastrophic damage hundreds of miles north in Tennessee.

However, things are still bad with “historic and catastrophic flooding” in parts of the southeastern and southern Appalachians.

Helene made landfall at 11:10 p.m. on Thursday, September 26, east of the mouth of the Aucilla River, 10 miles west-southwest of Perry, Florida. At sunrise, the damage left by wind and storm surge becomes visible.

(This story has been updated to add new information.)

After Tropical Storm Helene, the system, which was a devastating hurricane in northern Florida and Georgia, was still causing catastrophic damage hundreds of miles north in Tennessee.

However, things are still bad with “historic and catastrophic flooding” in parts of the southeastern and southern Appalachians.

Helene made landfall at 11:10 p.m. on Thursday, September 26, east of the mouth of the Aucilla River, 10 miles west-southwest of Perry, Florida. At sunrise, the damage left by wind and storm surge becomes visible.

Australian cricketer who won the World Cup Jess Jonassenwho spoke on ABC-International Development’s Cricket Commentary and Mojo program, believes Indian women’s football has evolved leaps and bounds over the years, with a resolute focus on improving local players.

The cricket rivalry between India and Australia is a long-running rivalry in every format of the game. India captain Harmanpreet Kaur, before his departure T20 World CupHe also spoke about this at the pre-match conference: “They know India is one of the teams that can challenge them.” I think that’s a really positive sign. When we play against them, we know we can beat them any day, any time.”

India lost to Australia in the final of the 2020 T20 World Cup, but India’s growing popularity in women’s football was already evident. Jess Jonassen, who has some fond memories of the match against India, traveled down memory lane to share a memory from Baroda a few years before the T20 World Cup in Australia. “13,000 people came to our game, but it felt like 1,30,000. Some of the girls had never experienced this kind of support before. It just helped us understand how seriously India takes women’s cricket.”

“We won the game but from that moment on the support for the Indian team really increased. We could see the passion among the people. It went from there.” WPL has done wonders for women’s football in India and the world. I’m really excited to be part of it. It is also very encouraging to see how much homegrown talent there is in India and how the local players have improved. In fact, it’s similar to what WBBL did for us at home. Confrontation with difficult situations – large crowds, appearance on television, more presence through media operations. There was a lot of positive input and all the extra things helped the sportswomen overcome the high-pressure situations,” said Jess Jonassen during an interaction on ABC-International Development’s cricket commentary and Mojo program.

India will begin their campaign against New Zealand in the T20 World Cup, scheduled to be held in the United Arab Emirates, on October 4.

Unbeaten Arsenal will be hoping their Premier League schedule begins to ease when they host winless Leicester City at the Emirates Stadium on Saturday afternoon. Mikel Arteta’s side are unbeaten in their first five games, an impressive feat considering they have already traveled to Aston Villa, Tottenham and Manchester City. Leicester may not have that many wins to their name, but the promoted team looked competitive in every game, scoring in all five league games and taking points from the likes of Crystal Palace and Spurs. However, achieving this against Arsenal would be a massive achievement. Here’s how to watch the game and what you need to know:

View information

• Date: Saturday September 28th | Time: 10 a.m. ET
• Location: Emirates Stadium – London
• Live stream: peacock
• Opportunities: Arsenal -500; Draw +600; Leicester +1400

Team news

Arsenal: The biggest concern for Arteta will be the fitness of David Raya, perhaps his star player so far this season. The goalkeeper missed the EFL Cup win over Bolton Wanderers as a precautionary measure as he deals with a hamstring problem he picked up in the draw at the Etihad. As is his habit, Arteta held no cards due to Raya’s status, saying Arsenal “will have to wait 24 hours to see if he looks good or not”.

Meanwhile, Mikel Merino’s return is in sight, perhaps as early as next week, Takehiro Tomiyasu completed a partial training session and Martin Odegaard hopes to return after the international break. Jurrien Timber is also fit enough to feature on Saturday and Arteta will be hoping Ben White will also be fit after sitting out the second half of the draw at Manchester City with an injury.

Possible Arsenal XI: Raya; Timber, Saliba, Gabriel, Calafiori; Partey, rice; Saka, Havertz, Trossard, Martinelli

Leicester: Jannik Vestergaard’s ankle problem has Steve Cooper making his defenders sweat at a time when the coach is already dealing with “challenging times or criticism”. That’s quite an achievement considering the former Nottingham Forest head coach was only appointed in the summer, when the departure of Enzo Maresca was quickly followed by that of star player Kiernan Dewsbury-Hall.

The absence of Oliver Skipp from the eleven, who sneaked past League Two Walsall on penalties in midweek, suggests he could perhaps be used as a replacement for Bilal El Khanouss to add strength to the midfield. Fellow striker Stephy Mavididi will no doubt be keen to score against the team he started his academy career with, and Jamie Vardy will simply be keen to see Arsenal win again. The 37-year-old, who rejected a move to the Emirates Stadium in 2016, has scored 11 goals in 16 matches with the Gunners.

Possible Leicester XI: Hermansen; Justin, Faes, Okoli, Kristiansen; Skip, winks; Ayew, Ndidi, Mavididi; Vardy

forecast

Expect Arsenal – even without Odegaard – to turn on the afterburners and get their goal tally back on the path to normality. CHOOSE: Arsenal 3, Leicester 0

HONOLULU (HawaiiNewsNow) – If you have been arrested or have an outstanding warrant and would like to clear your criminal record, the District Attorney’s Office and the Judiciary are hosting a free record expungement and warrant recall clinic at the Waianae Public Library on Saturday, March 28 September, from 12 p.m. to 4 p.m

Volunteer attorneys and a judge help residents with requests to recall their outstanding District Court warrants, often because they missed a court date for matters such as traffic matters and petty crimes.

They also help people expunge qualified arrests, whether they are first-time offenders with reprieves or have had their cases dismissed with prejudice or acquitted.

Organizers say the clinic helps residents overcome past mistakes without being jailed or making bail and not being prevented from finding work.

“It allows them to apply and then when the potential employer goes for a background check, they don’t have to explain it in detail because it was something that shouldn’t have been there in the first place or should have been there at that point in time.” not there at all,” said Edward Aquino, assistant public defender.

“If you have an excellent warrant, you will always be looking over your shoulder. They can be arrested at any time,” he added. “That’s a lot of fear, that’s a lot of uncertainty, trying to get the warrant recalled and get them back on track with the court. “You don’t have to look over their shoulder.”

“For someone who has been arrested or has a record that everyone can access, there is a stigma attached to it. And it doesn’t matter whether someone is convicted or not,” Aquino said. “What prevents people from getting a job is that employers sometimes don’t check whether it has resulted in a conviction, acquittal or other disposition if something is on the record. You just see, oh, there’s a court docket for this person, or there’s a docket for this person. And when they have to choose between that person and someone who has nothing at all, employers often choose people who have no court record at all.”

In a statement, Chief Justice Mark E. Recktenwald said, “The judiciary has long advocated for greater access to justice in the criminal and civil justice systems. This clinic provides a great opportunity for individuals who want to address legal matters that may have prevented them from finding work, housing, and overall moving their lives in a more positive direction. I would like to express my deep appreciation to the many organizations and volunteer advocates for coming together to provide this important community service. I also want to thank our court staff and judges for considering motions to seal court cases after arrest records have been expunged.”

Participating attorneys say the free clinic helps reduce the backlog of outstanding warrants, particularly in county courts.

Walk-ins are welcome.

Copyright 2024 Hawaii News Now. All rights reserved.

Unbeaten Arsenal will be hoping their Premier League schedule begins to ease when they host winless Leicester City at the Emirates Stadium on Saturday afternoon. Mikel Arteta’s side are unbeaten in their first five games, an impressive feat considering they have already traveled to Aston Villa, Tottenham and Manchester City. Leicester may not have that many wins to their name, but the promoted team looked competitive in every game, scoring in all five league games and taking points from the likes of Crystal Palace and Spurs. However, achieving this against Arsenal would be a massive achievement. Here’s how to watch the game and what you need to know:

View information

• Date: Saturday September 28th | Time: 10 a.m. ET
• Location: Emirates Stadium – London
• Live stream: peacock
• Opportunities: Arsenal -500; Draw +600; Leicester +1400

Team news

Arsenal: The biggest concern for Arteta will be the fitness of David Raya, perhaps his star player so far this season. The goalkeeper missed the EFL Cup win over Bolton Wanderers as a precautionary measure as he deals with a hamstring problem he picked up in the draw at the Etihad. As is his habit, Arteta held no cards due to Raya’s status, saying Arsenal “will have to wait 24 hours to see if he looks good or not”.

Meanwhile, Mikel Merino’s return is in sight, perhaps as early as next week, Takehiro Tomiyasu completed a partial training session and Martin Odegaard hopes to return after the international break. Jurrien Timber is also fit enough to feature on Saturday and Arteta will be hoping Ben White will also be fit after sitting out the second half of the draw at Manchester City with an injury.

Possible Arsenal XI: Raya; Timber, Saliba, Gabriel, Calafiori; Partey, rice; Saka, Havertz, Trossard, Martinelli

Leicester: Jannik Vestergaard’s ankle problem has Steve Cooper making his defenders sweat at a time when the coach is already dealing with “challenging times or criticism”. That’s quite an achievement considering the former Nottingham Forest head coach was only appointed in the summer, when the departure of Enzo Maresca was quickly followed by that of star player Kiernan Dewsbury-Hall.

The absence of Oliver Skipp from the eleven, who sneaked past League Two Walsall on penalties in midweek, suggests he could perhaps be used as a replacement for Bilal El Khanouss to add strength to the midfield. Fellow striker Stephy Mavididi will no doubt be keen to score against the team he started his academy career with, and Jamie Vardy will simply be keen to see Arsenal win again. The 37-year-old, who rejected a move to the Emirates Stadium in 2016, has scored 11 goals in 16 matches with the Gunners.

Possible Leicester XI: Hermansen; Justin, Faes, Okoli, Kristiansen; Skip, winks; Ayew, Ndidi, Mavididi; Vardy

forecast

Expect Arsenal – even without Odegaard – to turn on the afterburners and get their goal tally back on the path to normality. CHOOSE: Arsenal 3, Leicester 0

It rained on the first day of the ongoing second Test between India and Bangladesh. Will it rain again in Kanpur on the second day?