Consent to sexual advances doesn’t come from mere hesitation: Delhi HC
By Team Legistify / 2017-09-26

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Consent to any sexual advances does not come from a mere hesitation, reluctance or a “no”, it has to be “an affirmative one in clear terms”, the Delhi High Court today said while acquitting filmmaker Mahmood Farooqui in a rape case involving a US researcher.

The high court said in today’s scenario, it was expected that consent be viewed as a clear and unambiguous agreement, expressed outwardly through mutually understandable words or actions and the consent can be withdrawn by either party at any point of time.“Normally, body language or a non-verbal communication or any previous activity or passivity and in some cases incapacitation because of alcohol consumption, may not be taken as consent.

Picture Courtesy- Scroll.in

“However, in the present case, as has been stated, the appellant (Farooqui) has not been communicated or at least it is not known whether he has been communicated that there was no consent of the prosecutrix ,” Justice Ashutosh Kumar said.


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