'Feeble No May Mean Yes': Court Verdict Triggers Debate On Sexual Consent

PUBLISHED ON: September 26, 2017 | Duration: 23 min, 09 sec

  
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The Delhi High Court verdict acquitting Mahmood Farooqui, who has been jailed for raping an American scholar, has triggered a debate on sexual consent. The judgement, more than 80 pages in length, has dealt extensively with the issue of consent in a sexual relationship and has reached the conclusion that 'instances of women's behavior are not unknown, that a feeble 'no' may mean a 'yes' which begs the question, in the case of sex being forced upon a person, what exactly does an individual need to do - shout 'no' at the top of their voice? That is often just not possible, particularly, if a woman is threatened, physically restricted and unable to resist; not because she doesn't want to resist, but simply because she cannot. On The Buck Stops Here, we debate: Does this judgement reverse the path of justice that had been established after India invoked some of the most stringent anti-rape legislation in the world?
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What Is 'No': Can Sexual Consent Be Ambiguous?

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