Misuse vs. Protection in Domestic Violence and Sexual Assault Laws
In the beginning, domestic violence and sexual assault laws existed mainly to shield the vulnerable sections of society from systematic abuse, with women being the major beneficiaries, historically. Nevertheless, the discussion over the misapplication of these laws has grown increasingly intense in recent years, with several allegations being raised, such as false accusations, abuse of the law through filing of frivolous lawsuits, and the use of protective statutes for personal gain. This research, using the doctrinal method, looks into the statutory provisions, court decisions, and academic commentaries to assess if these laws provide a fair balance between helping the protected who are actually victims and ensuring the rights of the accused. By examining the domestic and comparative case law, the research points out the urgent need for reform to ascertain that laws become instruments of justice rather than the ones that abusers use.