Pranav Shukla
The Goa Bench of the Bombay High Court recently made a landmark ruling stating that a woman entering a hotel room with a man doesn’t automatically imply her consent to sexual intercourse. This decision overturns a previous order by a trial court that discharged a man from rape charges because the victim had booked and entered a hotel room with him.
In essence, the court emphasized that consent to sexual activity cannot be assumed based solely on a woman’s actions, such as checking into a hotel room with someone. Justice Bharat Deshpande noted that the trial court judge erred in inferring consent from the victim’s actions, stressing that consent must be explicitly given, not implied.
This ruling sets a crucial precedent in recognizing the importance of explicit consent in sexual encounters and protecting victims of sexual assault. It’s a significant step forward in promoting a culture of mutual respect and understanding.
“Making such an inference contradicts established principles, especially given that the complaint was filed immediately following the incident. Even if it is acknowledged that the victim entered the room with the accused, this cannot, by any reasonable interpretation, be seen as her consent to engage in sexual intercourse” Justice Deshpande said in the order.
“The fact that the victim emerged from the room in tears, promptly called the police, and filed a complaint that very day strongly indicates that the accused’s actions in the room were not consensual” the Court added.
Case Title: State through Canacon Police Station v. Gulshar Ahmed
Case No.: 2024: BHC-GOA:1465
Bench: Justice Bharat Deshpande