Confusing Consent: A Dilemma
criminal mh_cet_law beginner case_analysisAmit, 24, meets Ria, 21, at a party. They hit it off, and Amit, with consent, takes Ria to his hotel room. Inside, Amit pushes Ria to the bed, and they start kissing. However, Ria becomes uncomfortable and asks Amit to stop. Amit, assuming Ria is still enjoying, continues, now without Ria's consent.
Later, Ria alleges that Amit committed sexual assault under Section 375 of the IPC. Amit, however, claims that since Ria initially consented, the subsequent act cannot be considered a crime. Amit also states that Ria did not explicitly withdraw her consent, hence it was still valid. What legal remedy applies to this scenario?
2 Comments
Bhaiyya, consent ka concept to bahut hi jatil hai. Ek taraf to consent ka importance hai, par dusri taraf consent ko understand karne mein bhi samasya hoti hai. Konsent kaise dena hai, konsent kaise lena hai, yeh sab kuch confusion mein daalne lagta hai. Aur to kya hai, koi bhi consent withdraw kar sakta hai. Isliye consent ka samjhauta zaroori hai, jahan dono parties ko samjhdaar hon.
"Arre, I don't think ek consent khatam kar dena jyada mushkil hai! (Hey, I don't think it's that hard to get consent done!) Ek baar majboori aur shakti ka dhyan rakhna hoga (Once you consider coercion and power) and then you'll see kya hua hai (what's actually happened).