'Woman's Consent To Stay In A Man's Company No Basis To Infer She Also Consented To Sexual Liaison': Delhi High Court @nupur_0111 #DelhiHighCourt #Consent livelaw.in/news-updates/d…
@nupur_0111 The critical aspect of the offence of rape viz. 'consent' as opposed to 'compulsion requires a more nuanced consideration: Delhi High Court
#consent
#consent
@nupur_0111 Though it is universally accepted that consent given under force, coercion or duress is no consent in law since it is not free or volitional ...: Delhi High Court #consent
@nupur_0111 ... in many cases it is necessary to examine consent in a more granular manner, with the awareness that substantivity of consent may also be vitiated by several other circumstances that erode the freedom of choice: HC #consent
@nupur_0111 Several circumstances, including emotional exploitation, may vitiate the substantivity of consent. A distinction also needs to be articulated between a prosecutrix 'consenting to a situation' vs. 'consenting to sexual liaison': High Court
@nupur_0111 Merely because a prosecutrix consents to being in the company of a man, regardless of for how long, can never be the basis to infer that she had also consented to sexual liaison with the man: Delhi High Court #consent #DelhiHighCourt
@nupur_0111 In the present case, merely because the prosecutrix agreed to accompany the petitioner to various holy places - for purposes of conducting last rites and rituals - does not ipso-facto imply that she consented to sexual relations with him: High Court #consent
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