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    Rape Survivor Not Fighting Back Doesn’t Mean Consent!

    Rape Survivor Not Fighting Back Doesn't Mean Consent! || An Assault Survivor Not Retaliating When Attacked Or Having Wounds To Show As Proof Doesn't Mean She Remotely Assented To The Demonstration... || TOP STORIES || NIRMAL NEWS

    Rape Survivor Not Fighting Back Doesn’t Mean Consent!

    Rape Survivor Not Fighting Back Doesn’t Mean Consent! || An Assault Survivor Not Retaliating When Attacked Or Having Wounds To Show As Proof Doesn’t Mean She Remotely Assented To The Demonstration, The Patna HC Said While Hearing An Allure Against A Lower Court’s Conviction Of A Man Accused Of Assault.

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    Returning To A 2015 Case Including A Lady Who Had Been Hauled To A Room, Nailed Down To The Floor And Physically Attacked, The High Court Said Last Week That Any Such Demonstration Couldn’t Be Treated As Consensual Sex Between Two Grown-Ups If The “Rendition Of The Assault Survivor Is Found Dependable And Reliable By The Preliminary Court”.

    Equity AM Badar, While Dismissing Litigant Islam Mian Nom De Plume Md Islam’s Appeal, Said Section 375 Of The IPC Clarifies That Assent Should Be In The “Type Of An Unequivocal Intentional Understanding Appearance Eagerness To Take Part In The Sexual Demonstration”.

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    “Simply Because A Lady Doesn’t Genuinely Oppose The Demonstration Of Infiltration, It Can’t Be Viewed As Agree To The Sexual Movement,” Justice Badar Said.

    The Court Viewed As No “Sickness” In The Variant Of Survivor When She Removed In The Preliminary Court As An Indictment Witness. The Lady, An Occupant Of Jamui Region, Was A Specialist In A Block Oven Possessed By The Litigant.

    On April 9, 2015, She Met The Proprietor To Request Her Wages, To Which He Answered That The Cash Would Be Paid To Her Later. That Very Night, He Visited Her Home When Her Significant Other Was Away And Assaulted Her. She Held Up A Police Objection The Following Day.

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