The Problem of Corruption Within the Indian Judicial System

Of the total number cases of child trafficking which should be reviewed by the Indian Supreme Court, less than 0.001% are actually brought before the court and prosecuted. The problem however is not with the judicial system itself but rather with implementation of law enforcement as members of law enforcement often take bribes and victims frequently do not want to appear in court, sometimes being threatened by the same law enforcement officer who freed them from their captor as these officers want to continue to keep traffickers out of prison so that they can continue to generate income from their victims on a repeat basis. Law enforcement have been recorded as demanding bribes, meals, and the filling of their personal and/or professional patrol vehicles with fuel, from the families of missing children when these families appeal to them to try and find their missing loved one. When those in power are the direct beneficiaries of trafficking, the chance of the system as a whole changing is virtually non-existent. Compounding this, former victims of criminal offenses are often imprisoned after being freed which creates fear in victims when asked by higher authorities to comply with the judicial system which is yet another reason as to why trafficking goes on with near impunity in India and the Indian judicial system

The Deplorable Conviction Rate of Rape Within the North American Judicial System

In North America, 3 of every 1000 sexual assault accusations result in a conviction, an astounding failure to prosecute threshold of 99.7%. Defence teams often create a plausible scenario in which the accusations against the client could be untrue. If the scenario is false or misleading but still plausible, reasonable doubt has been met and reasonable doubt equates to acquittal. As with any case, the burden of proof lays with the prosecution, and if doubt of any degree can be raised, conviction is nearly impossible if not always impossible