Now for some “elementary” logic on the background and profile of the alleged rape victim. She is a post-graduate degree holder with her graduation in engineering at BITS Pilani, Rajasthan, followed by a Master’s degree in USA. She has seen the world literally. She is a married woman and in her words a “traditional Indian woman” at that. Such a modern woman claiming she was led to believe that having sex with her ‘guru’ who she related with as her son, can lead her to enlightenment is not tenable at all.
By her own admission, she was not kept under duress or captivity by Swami Nithyananda from the date of first act of alleged sex in 2004 and raped her continuously and repeatedly till 2009. Neither did Swami Nithyananda go to her for any reason, it was she who kept going each time to him, getting on a plane, travelling thousands of miles, to be allegedly raped over 120 times. If she was indeed forced to do so, why didn’t she tell anybody, not even her husband, about it? Husband is her legal guardian and protector. A married woman if having a sexual relationship with another man over 120 times is nothing but adultery and licentious behaviour on her part, not rape on the man’s part.
As the Hon’ble Judge in Raghaveshwara Bharathi case would observe, and which facts are exactly the same in the case of Swami Nithyananda,
“she went to the accused wherever he was, in no instance, had accused gone to her did a sex with her, in no instance accused called her on his mobile phone or sent his men to call her and committed a rape on her. It is the most unnatural to accept the case of the prosecution that the woman who is a victim of rape intermittently, extremely, voluntarily goes to hunter or rapist. This say is quite contrary to human notions, conduct and improbable and impossible to accept it.
“Prosecutrix has failed to give an explanation of any compelling reason for going to him or meeting the accused repeatedly, after alleged first incident of rape. The prosecutrix is mentally matured (not born idiot), unthinkable nature about others say and its nature.
She is a woman of fidelity to her husband, God fearing and chaste woman. The Prosecutrix is not a simpleton or of dullard woman and no knowledge of external world to cheat her easily by anyone including Mathadipathi.
“He did act of sex with her without illegal detention by him or his captivity. After having did a sex with the accused Mathadipathi, she returned home and led not only worldly life with her family members, but led a marital life with her husband without any complaint.
“What was the exceptional and extraordinary circumstance to prevent her from lodging the complaint immediately on a first, or second or third occasion like imminent danger to herself and her family members from the hands of men of accused Mathadipathi to accept her say. The man may cheat once, twice or thrice but, not always continuously. As told above, she is a woman of God fearing and faithful to her husband. The woman of such character never surrenders to any man even including Mathadipathi, definitely offers resistance and stops pay visiting the accused Math and attending.
“The women who are trusted to their husbands, or God fearing or chaste women and never astray from the path of rectitude, the women of such character never share the bed with other than their husbands. The women are such character never carries away by their appreciation of person or lured by money. The women with above such character always follow a Dharma. The saying that goes ‘Sathi Dharmada munde Yathi Dharma naganya’. No scope for the place of literature in judiciary, but, the circumstances in this case warrants or calls for to mention it. If we accept the saying, the basic structure and foundation of the society on which now stands fails and collapse, become a chaotic.
“It is not the section that determines the nature of the offence, but, it is the sum and substance of the allegation that will determine the nature of the offence being committed. It is the bounden duty of the Judge or Magistrate to find out the alleged offence actually accused committed on the material allegations leveled against him.”
No pre-hatched conspiracy would have planned for the medical impotence of Swami Nithyananda. In the Swami Nithyananda case, the story of rape or let alone a sexual affair falls flat, given that the medical records of Swami Nithyananda quantitatively prove that his male hormone levels are extremely low, so there is no libido or sexual drive itself in the first place.
Medical reports show that not only psychologically is Swami Nithyananda not capable of a sexual act (i.e. he has no desire for sex), but also physiologically itself, he is not capable of a sexual act as his penile blood flow is “insignificant” and hence he is incapable of having an erection in the first place.