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Acquaintance Rape and Categories of Acquaintance Rape

Acquaintance Rape has been seen occurring with more than a normal race in every part of the world. This study focuses on highlighting the issues that raise the cases of violence and rapes, caused through various activities. How cases shift from report to the court is again a controversial issue in itself. Justice system plays an important part in eradicating and creating more issues for criminals to perform such activities and increase the rate of such cases.

The change in the legal and non-legal factors in the economy works simultaneously in performance of the cases in the society like rape, acquaintance rape and strange rapes. Everybody present plays some part either as a victim or as a criminal in performing the acts. To reduce the Gap in Justice of such cases it is important to understand as to what are causes for the victims to arise in such cases.

This study would further tell you how society and its norms and the ancient culture are strictly responsible in occurrence of such cases. Acquaintance Rape is something even more shocking as with people you spend your daily lives and suddenly their act makes them criminals in your life is just hard to believe and accept. This study will also tell you that why such rapist exists and for what purpose they solely do this job.

The binding connection between the rape sensations, role of genders revisionism, and crime executioner acquaintance was examined. Many students from different countries wrote theories on the victims, crime executors, defaulters, neighbors, boyfriends, husband etc who perform such crimes eventually.

Because of the increase in the acquaintance level the scenario of punishments and victims' rights has been infringed getting the boundaries of the rapes down. Women tend to have more impartial behavior towards the punishments of the victim and the men and minimizing the seriousness of the issue to the minimum.

Introduction
Crime has become a relevant topic and a more serious crime topic to debate on. Because of law enforcement in the economy and the country the crime rate should degrade rather than increasing with a more rapid speed. Acquaintance Rape is kind of rape which happens by a known person of the victim. Acquaintance Rape tends to happen by the victims boyfriend, classmate, and co-partners in work, family members, husband or spouse, doctor in-charge, therapist etc.

Acquaintance just not happens in one day or randomly with a thought it is pre-planned or happens with planning of day to day activity whenever they meet. Most of the acquaintance rape case happens when two people either go on the date, are romantic or in a sexual relationship with each other. The punishments, fines and legal dealing of the acquaintance rape are same as that of the random rape cases. [1]Acquaintance Rape often occurs from the age group of 16-25 years. According to many surveys happened acquaintance rape are mostly attempted by the known of the victim and the statistic report of them are same as that of the strange rape happenings.

In ancient times people use to get rape, murder, terrorism were the main offences which use to happen at that time. In those times the punishments given for rape were very brutal, harmful, and full of blood and were counted in the asset punishment. In 12th century eyes were given right to take off the eyes of the offender and serve them to his main organ herself which was set by the rulers of those times. In later period the scenario took the other side of the coin as the rapes which were committed were not treated as severe offence and use to get settle just by giving some monetary fine in marriages or the offenders use to marry the victims.

In the medieval period the girls were forced to marry strange mans and the consent of having sex were no longer applicable and there was high chances of that girl to get raped by her own husband. The rape culture of the women and young girls of the youth were followed from the Greek mythology and is continued till today's date. In Roman times girls were not directly raped they were kidnapped or abducted by the Males. Sexual violence or sexual act was not common at that time, people used to consider it secondary way of harming the girls.

Dictators at those times defined rape as forced sex, which was different from sexual violence and abduction. Intercourse by force or extra effort despite of it happening in favourable circumstances was considered unlawful and unethical by the jurists from the ancient times. This was the history of the rape and acquaintance rape occurring in the earlier 50s and 60s of times on the globe.[2]

Acquaintance rape acquires more than 60% of the strange rape happenings that happen on daily basis. There have never been charges against the marital rape; once the girl gets married the act of sexual intercourse was totally permitted by the law and the family. In 1979, a Massachusetts man rape case was the first acquaintance rape case in the history of the world. The man forcefully had sex with his wife who wanted to get divorce from him because of his absurd behavior. The acquaintance rape system started from 1979 and hasn't stopped till yet. In 1988 an American feminist gave a statement on not calling it a rape but straight hurting yourself by turning someone so badly.

Whenever a person forces someone to engage into forceful sexual activity it is termed as rape and whenever a person is known to another person it is termed as acquaintance rape. [3]The study states the fact that majority of acquaintance rape offenders come from the age of 15-24 years. The facts also states that it is not important that a victim is a girl always a men can also be raped and forced into sexual activity by the relatives, friends or family to perform sexual activity without his consent.

History has been carried forward from the 50s to the 20th century which involves the culture in the rural and urban areas of punishing the girls for some reason by their husbands or the bosses or the masters by forcefully having sex with them. Communication plays an important role in every relationship to eliminate any wrongful doing. One should be open about what they want from any kind of relationship and what do they actually desire.

It has always been seen that girls are immature and shy speaking about their desires which turn out to be harmful and at times gives wrong signals to the men for whom they are blamed later. Acquaintance happens in a high rate because everybody wants to portray a sophisticated image in the society despite of catching signals coming from the known ones. Girls need be more open and bold to deny the unwanted signals coming for their hurt and should say no unwanted attention given by unwanted people.

Difference between Strange Rape and Acquaintance Rape

Strange Rape

  1. Strange rape involves the more violent and vigorous way of harming a girl during rape to satisfy ones desire in form of brutal ways.
     
  2. Verbal aggression does not play a major but a minute role in the strange rape phenomenon as both the parties barely know each other so they don’t really have anything to communicate it is altogether just a crime.
     
  3. No threatening or communicating was done before the attack or crime was committed between the attacker and the victim. The rate of such behavior is 43% in strange rape cases.
     
  4. Rough, painful, attacking, dangerous, death taking are the terms used for strange rape cases as they are strictly an open and random crime committed by the criminal or criminals.
     
  5. Social media or no prior contacting was done in these rape cases.
     
  6. Strange rape can be performed by one offender or multiple offenders as a gang rape but only once in the lifetime with same victim as the crime cannot be committed twice when it is under the eyes of the law.
     
  7. Strange rape are not performed by the family members as an attacker is completely a strange person which happens to be in favourable situations.
     
  8. More screaming and shouting for help occur in the cases of strange rape as this is more violent way of sexual assault and is performed by a complete terrible person.
     
  9. Punishments decided by the law is more dangerous and life taking in case of strange case offences as they are more violent and traumatizing feature of crime like rape. Punishments like death penalty life imprisonment are amended for offences like strange rape.
     
  10. Strange rape cases occur with usage or intake of intoxicated means like alcohol or drugs or maybe a bad day or news because of which intoxicated means was used to forget such things. 75% chances are because of intake of alcohol in such cases which makes it more brutal.
     
  11. After attacking the victim more guilt factor is found in offenders in 68% cases.

Acquaintance Rape

  1. Acquaintance rape does not involve the purpose of violent behavior but it is more of betrayal of trust and understanding between the people.
     
  2. Verbal aggression plays an important role in attack of acquaintance. For e.g. it has been seen that rapist during acquaintance rape were done with aggressive communicating with the victim like it is some kind of revenge or hate towards that person.
     
  3. Some threatening or regular communication with some slang or information or blackmailing might take place between the parties because of which it takes the scene of crime. The rate might extend to 78% with the growing scenario.
     
  4. Revenge, hurt, sadness, love and hatred are the words used in the cases of the acquaintance rape as that is not a meaningful attack but more of anger and aggression between the parties.
     
  5. Some means of contacting like social media or phone was used prior of the attack in these cases.
     
  6. The study states that acquaintance rape can only be performed by one offender and can take place many times with the same victim by the same offender and later turns out to be a rape attack or less likely to be a rape attack.
     
  7. Acquaintance rape is mostly performed by a family member or a known person as a father, husband, spouse, relative, friend, brother or neighbor, boss employee etc.
     
  8. Less screaming and struggling was found in acquaintance rape as compared to strange rape as this offence is less violent and offender is known to the victim.
     
  9. Punishments and penalties decided by law are less dangerous in comparison to strange rape punishments, as it is less violent comparatively. Punishments like imprisonment for 5-10 years with fine or aid or assistance to the victim are amended in the case of acquaintance rape   cases.
     
  10. In case of acquaintance rape no means of intoxication was needed to perform such attack, as it was strictly with another motive altogether. 10% chances occur because of the intake of intoxication means like alcohol by the husband, boyfriend, lover etc.
     
  11. The amount of guilt factor required in such cases is comparatively less in just 5% cases.

The study is still going on to differentiate between the psychologies differences in both the cases but has failed every time as the concept in both the cases is to satisfy oneself with the best way of their muscularity.

Types/ Categories of Acquaintance Rape

Date Rape

Date rape is the phenomena which takes place during the romantic sexual relationship between the parties i.e. the offender and the victim. The offender and the victim tend to know each other in a good way. Romantic night might turn into a crime scene because of illegitimate and forceful demand of the attacker on the victim with or without her consent. Sexual relationship on a date in not what every woman desire or think of having it.

Some women or girls are comfortable with the idea or some are strictly not comfortable and then it turns out to be a forceful arrangement. Although Date Rape is a less violent and hurtful means of sexual assault. It is more of fulfilling a person needs in forceful manner. In 1980s a study stated the fact that all these cases occur because of the less knowledge and awareness among the youth and men in the society. The attitude and violence of society towards women instigated such offenders to commit such crime or even think of it.

Till 21st century the court stated the fact that consent once given cannot be withdrawn by the victim in the rape cases. If a girl agrees to have a sexual relationship with a man during the date and later deny it and claims that she is been raped is totally illegal and is not counted in the rape category. [7]12.2% of date rape occurs in the minority section and 9.1% occurs during their schooling and college time of the victim and the offender.

2002 study stated the fact that these rapists do suck act because of the desire they have against that women and their need to dominate and overpower women with the show of their muscularity. Although it has been stated by the court that date rape are those cases which are indecisive in nature. Their trial can cause trauma and mental dissatisfaction to the victim.

The punishments of such crimes are decided after hearing the side of the offender that why he performed such act of inhuman tendency. Such cases open the opportunity to the law and law enforcement powers of the country to investigate the matter with the full force and care.

Since 1991 Date Rape also grabs the attention of the media to cover such awful crimes of the country and these cases receive all the attention of the society. As far as these cases create a site of attention and gossip among the people in the society they are more controversial in their origin as no theory has been let out as to why these rapists commit such crime.

College Rape among Colleagues

Date rape is a part of Acquaintance Rape but large samples of acquaintance is captured by the college students. According of the statistics of Bureau Justice Most of such rape happens between the age group of 16 to 24 years and so large population of it is covered by the college students. In 1987 it was found that 28% women went through some sexual assault by their colleagues in college and 8% men accepted to perform such act during that age.

All this can also be proved with the help of case happened in [9]Hawaii during an English course in which 32 women were acknowledged to be raped by the boys during the college occasion, offenders of such crime are saved by their family members stating that they are kids at times things happen in immaturity or give the money to the money to the police and save their children.

Although this is not an act of an immature child or a kid, crime cannot be differentiated on the basis of the kid and grown up. Sometimes college also takes part in diminishing the case as to save the reputation of the college among the other colleges of the country and the world. Because of this real offenders are saved from the crime and the case is left untreated by the law. Girls in college are raped more than women and the rate is 4 times higher than that of the women. Lot of emphasis is put on identifying women victim in the campus, but the study also found in the campus who has been raped by the other men.

Rape during Parties/ Festivities/ Family Functions (Could also be a Gang Rape)

Acquaintance rape can also occur during party or any festivity with relatives or any family function. More often such rapes occur during a party of youngsters where it can also turn into a gang rape by the friends of the victim. Such offenders target intoxicated women or force them to get intoxicated with them.

Denial of the women can turn into a forceful attempt by the boys in the party and can attack her sexually. Factors provided by the environment are easy access to such crimes like availability of private rooms, alcohol or a party place away from the city gives invitation to such crime.

Rape happens after the date in the car or in any residence late. Strange rape tends to happen in complete isolated areas and at complete strange place. Acquaintance rape generally happens between friends or between family member or friend after a party or a function maybe specifically in that party area in a empty room or a rest room with or without intoxication of the parties.

Some Other Type of Acquaintance Rape Categories

  1. While studying or meeting same person for same reason quite often. (Non party or Non date situation)
  2. Community Crisis-
    Community also plays a major role in happening of such cases like their attitude or theories towards a particular girl. A girl's reputation in society plays role in turning eyes of men towards her. Communities always overpower men over women which is totally a drawback for all women out in the society.
  3. Rape occurs because of prior intimate partners or a sexual desire partner or a current intimate partner.
  4. Employer and employee relationship or means of getting in out of the job can be because of the sexual relationship between them or if denied can turn into a rape.
  5. Child or a young submissive as a girl can be raped by her master for breaking the rules.

Causes/ Risks Involved with Acquaintance Rape

Role of Drug and Alcohol in Acquaintance Rape
Alcohol plays a major role in Acquaintance Rape as intoxication is the main cause of performing such acts. Most the Acquaintance rape happens between the age group of 15-24 years i.e. during school and college life and they occur because of the intake of alcohol in the campus or outside the campus. It is not necessary that it is wholly consumed by the offender the consumption of alcohol by victim can also turn scene into crime.[13]

Victim can be intoxicated by the offender in order to perform involuntary sexual activity about which the victim gets to know later and turns out to be a rape activity. The rating states that 90 out of 100 Rapes and sexual activities are performed by someone close to the victim i.e. Spouse, family member, friend etc. which involves the consumption of alcohol or drugs by any of the parties in the act.

Alcohol is one that means but other drugs that are used are Gamma- hydroxybutric acid (GHB), Ketamine, Rohypnol, Ecstasy etc. which are used in some way or the other by the parties. Any person who is intoxicated and get involved in the involuntary participation in sexual activity is a victim to the crime. At times girls gets scared to report the crime because of the consumption of drugs or alcohol but a victim in a crime scene is a victim no matter any involuntary means has happened with her during the crime.

Following situations happens after the consumption of Drugs and Alcohol

  1. After drinking men gets more sexually active towards girls-: The research states that men gets to get more sexualized after drinking or doing drugs which becomes difficult at times to control.
  2. Misinterpretation of the messages-: after drinking the messages exchanged between the parties tend to get misinterpret by each other.
  3. Men believes the authentic thought that women gets more sexualized after drinking which is actually a myth believed by men and is proved wrong.
  4. Men can also intake alcohol just to use as a means of justification after misbehaving or misconduct towards women or a girl.
  5. Consumption of alcohol can misallocate a girl by offender and could be asked to consume alcohol to take her to an isolated place.
  6. If a girl recognizes the action and wants to say NO to the performed activity alcohol decreases the woman's ability to resists rape that is about to happen.
  7. Consumption of alcohol can result into declaring women more liable than man in the rape cases
  8. Women in parties who keep on drinking can be misjudged by the men to perform the activity of sexual assault. Is she is under the legal age of drinking she can even be arrested by the police. Men can even make the places of intoxication like bars, clubs, pubs etc safe for women by consuming less alcohol and minimizing the fun in their attitude.

Male Victim

The tendency of blaming victims for their activity can always be two sides. A victim might not be a girl always a male can too be sexually assaulted or raped by the women and men. In 1987 a research states that sexual desires are always two handed one by men and the other by the women. If girls are forced to get sexually involved with a man boys are also forced by the women to fulfill their desires. More sexual assault victims are from the age of 16-28 years as men who are used to be sexually harassed by the big women or are raped by men to satisfy their needs in an acquaintance. Rape activity by a friend, a relative, date, college mate, family etc he can be forced to get into an unwanted sex or attention by any one of them.

He is than a victim to the crime and is entitled with some remedies and rights provided by the government and the law. Question that arises in the mind of the male victim is that if he will report the crime that happened with him then his muscularity would be challenged by the woman. Assault that takes place with any gender is a crime.

There is shame in accepting if a crime is happened with you being a Male. As a acquaintance a case from 1980 was highlighted where a woman of 55 years indulge a boy of 19 years into having sex regularly for months to satisfy her desires. It was later reported by the family of boy when they found out about rape that was happening for months as acquaintance rape by a known aunt.

She blackmailed the boy for providing him with the money and branded clothes and stuff etc to satisfy her unwanted and unauthenticated desire. Later after few days the boy denied then she started blackmailing him of telling his parents about it on which boy was involuntarily doing the act which turns out to be a crime in the eyes of the law.

Indian case

  1. Ravi vs. State of Maharashtra 3rd October 2019
    This case is related to the Acquaintance rape of two years old girl child. In this case victim (2 years old girl) was missing from her house in the state in Maharashtra. Her parents got worried and informed everyone in the house lane regarding her missing. An informant named Azbar came to her house telling her parents regarding the appellant those two hours back he was found drunk distributing chocolates to children near temple. Her parents ran towards his house and found the house locked from inside. The broke the gate and found him lying inside and victim too was found lying on the floor. After the reports came it was found that the girl was brutally raped by the appellant and she was declared dead after the examination. The appellant was known to the victim family as they used to live I the same lane of the colony. A 2 years old girl was brutally raped by a 40-45 years old man. This case is the biggest example how alcohol and sexual desire of a person makes him devil and treats girls and women like an object to their needs. Delhi High Court declared death sentence to the offender and was than in prison for the time being. The case was treated for four years (2016-2019) and the courts and then the penalty was declared by the High Court.
     
  2. A Through her Father F vs. State of UP Thru Secretary on 3rd November 2015
    In this case A (victim) was brutally raped by M the accused. A and M are the names given by the court to keep their identity under cover. M raped A who was 13 Years old minor girl and has no idea if her own uncle would rape her. She did not even tell her family for 21 days as she was threatened by M that if she tells family regarding this she and her father would be killed by the offender. She got pregnant with the accused child which was later known by her family. This case went into the court and different petitions and sections of IPC and Constitution was charged regarding the property and claim for unborn child. Acquaintance happens when it is completely unexpected by a known person.

    The girl who was about to start her life with care and dreams got into a severe medical trauma after the happening. The court state that an innocent helpless was forcefully raped by an old man and this case should be an opening guiding light for all such victims out in the society. the court cannot shut its eyes towards the happenings of such cases where a girl is so much accused and beaten by the accused and that too an known one. Court has asked for more amendments in the rape laws to close the eyes of such offenders and reduce the degree of rape happenings in the country.

Provisions related to Rape in India

In 1983 few amendments were made in the rape laws in India. In 1983 amendment the provisions which were introduced are
  • Marital Rape under Section- 376(A) of Indian penal code, 1860
  • Custodial Rape under Section- 376(2) of Indian Penal Code,1860
  • Minimum punishments for the rape cases depending on the degree of the offence.
  • Provision for Special Rape cases in Section- 376(2) [a-g] and (A) of Indian Penal Code,1860
  1. Section-288 A (2) of IPC- which states that the rape and identity of the rape victim shall not be disclosed by any person till they want or if done so he shall be punished by the court with the imprisonment which may or may not extend to two years.
  2. Section-376 (2) (a) of IPC- which talks about custodial rape crime or rape committed by the police officer under custody.
    1. Rape done by public servant.
    2. Rape performed by staff management.
    3. Rape done by management or staff of the hospital.
  3. Section 164 A (5) of CRPC- it states the provision for the medical examination of the Rape victim at the earliest.
  4. Section 327 (2) (6) of CRPC- states that all the statements of the rape victim should be recorded in front of the camera so that no further changes can be done without proof in the court.
  5. Section 376 (2) [e] of IPC- which talks about the punishments offered to the offenders of the Rape done by the women knowing her to be pregnant in prior.
  6. Section 376 (2) [f] of IPC- talks about the punishments who commits rape with a girl who is minor or under 12 years of age.
  7. Section 376 [g] of IPC- talks about the provisional laws related to imprisonment of the Gang Rape criminals.
All these provisions of IPC and CRPC talks about all the punishments, imprisonment and the fine related to the vast amount of Rape cases in India though lot of amendments are still to be made by Law and agreed by the Court

Rights

Right of a Girl in Any Relationship

  • She has a right to live without violence in every relationship and should accept her partner to agree on the same.
  • She has every right to reject the attention she does not want or like or all the unwanted attentions from random people.
  • She has a right to change her mind to live with somebody as a partner or switch to some other person with the change of feeling as it is not really in hands of normal human beings.
  • She has all the right in the world to please and satisfy herself with things she like and want before others.
  • She has all the right to dress seductive and in whatever or whichever clothes or type of clothes she likes without it being an invitation for rapists to rape her or assault her.
  • She has right to say no an unwanted physical attention and closeness whether being any person.
  • She has a right to not to be dominated but to be at an equal power and understanding in relationships.
  • She has right to start every relationship slowly and deny to physical or sexual attraction till the time she wants.
  • She has right to say and express about her feelings openly knowing that person well without thinking about future and far.
  • She has all the right to say ‘NO'.

Right of a Victim

  • She has a right to be treated with the best medical treatment needed at that point and as soon as possible and to the earliest in order to cure the loss.
  • She has the right to file a complaint or FIR regarding the offence to the police and no is liable to stop her.
  • She has all the right to be treated with good care and dignity during the process of the Justice or Trial.
  • She has all the right to be supported by the family and society and treat her as a victim and not the criminal.
  • She has right to be notified by the court proceedings and the procedure of the case.
  • She has right to choose advocate of her choice and bring him/her to the trial regularly from her side.
  • She has right to secure all the damages occurred during the act and offender must be liable to pay the same.
  • Depending on the relationship with the offender she has all the right to be maintained in lawful manner and as stated under the Law and by the Court.

Conclusion

Rape and Acquaintance Rape occurs or happens because girls are not really open about their wants and desires in life. Men know what they want but the way of them achieving their desire is strictly inhuman. Girls should be more open about themselves in the society and boys should understand if a girl is saying no for something that means no strictly. Usage and consumption of alcohol and drugs in the parties or the campus should be limited and prohibited from the campus to stop the occurrence of drug rape in the society. Girls should not be ashamed or embarrassed from the society to report the crime.

If a crime or offence takes place it should strictly be reported to the police, negligence of which is seen in countries. One should know about their limits that when to stop the exceeding of sexual relationship with anybody whether being a wife. Hooking up culture which was started in United States of America is not wrong but people fail to examine the need to stop at a moment so that it does not take the route of the crime. Communication is the key to stop the occurrence of many events in life. One should know when to express and open up about their feelings with the partner.

Being single is not what everybody wants but that does not mean to form a relationship with anybody or everybody this is what takes the phase of crime in one's life. Miscommunication and misconnecting for sex is the major problem that occurs specially with girls they should try to be more open and clear about their wants. Law remains the same but the number of victim use to increase and create the threat in the economy and continues to destroy lives of the innocent and helpless victims.

The amendment of 1983 bought few changes in the light of the rape law and the amendment few provisions in the rape law but it is not yet enough as the rate of crime do not stop but keeps on increasing. New methods of punishments and amendments regarding controlling the rapes in the India should be made to put a full stop on the entire rapist. The court and the legislature have to make many changes to put a full stop at rapes and its increasing rate in the countries. Boys oriented education should start in school which will teach them to control their sexual wants at needs at unfavorable times.

Bibliography
Indian Statues
  • Indian Penal Code, 1860
  • Code of Criminal Procedure, 1973
  • Indian Evidence Act, 1872
  • The Indian Constitution, 1950
Journals
  • The Canadian Journal of Human Sexuality 14th September 2017
  • Journal of American College Health, 1991, Taylor Francis
End-Notes:
  • The Canadian journal of Human Sexuality 14th September 2017
  • Journal of American college health, 1991, Taylor and Francis
  • http://propcenter.asu.edu/ pdf Acquaintance-rape-of-college-students
  • Ravi vs. State of Maharashtra 3rd October 2019 Criminal no-1488-1489 of 2018
  • ‘A' Through her Father ‘F' vs. State of UP Thru Secretary on 3rd November 2015. Writ Petition no- 8210 (M/B) of 2015
  • Indian Penal Code,1860
  • Code of Criminal procedure, 1973
Abbreviations:
  1. Victim- victim is a person who is harmed, injured, attacked, beaten or raped in different crime scene at different time. A person who is helpless innocent who is affected the most in crime that has happened.
  2. Offender- offender is the person who commits the crime. The person who plans and executes the crime in the society to any victim is the offender.
  3. Attacker- he is the person who brutally or inhumanly attacks any animal or human in order to commit the crime.
  4. Accused- a person or the group or people who are charged for a particular crime in the court of trial by Law.
  5. IPC- Indian Penal Code, 1860
  6. CRPC- Code of Criminal Procedure, 1973
  7. Rapist- a rapist is a person who commits many rapes with many people or single rape with same people many times.
  8. FIR- FIR is the First Information Report that is filed by the victim at the police station as the first step towards receiving justice for any crime that has happened in the course of law.
  9. Appellant- appellant is the person who is not satisfied by the decision of the lower court and appeals in the Higher Court for justice.
  10. Petitioner- petitioner is the person who files petition in the court to take law action on it related to any cause or crime happened.

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