Consent key factor in defining sexual assault, says Delhi HC:

Consent key factor in defining sexual assault, says Delhi HC:

Context:

• The Delhi High Court’s discussion on various dimensions of sexual consent in the modern world.

What is the background?

• A judgment acquits a film-maker in a rape case giving him the benefit of the doubt that he might have misread the ‘no’ of the woman as a ‘yes’

What is the court’s observation?

• Consent would mean voluntary agreement of a woman to engage in sexual activity without being abused or exploited by coercion or threats
• The consent can be revoked any moment
• Sexual consent would be the key factor in defining sexual assault as any sexual activity without consent would be rape
• There are differences between how men and women initiate and reciprocate sexual consent
• In normal construct, man is the initiator of sexual interaction while whereas a woman is by and large non-verbal