In a recent ruling, the Gujarat High Court stated that a victim’s silence until advanced stages of pregnancy can be considered as consent. This observation came during the hearing of a case where the accused was granted relief. The court upheld the order to release the accused, rejecting the state government’s appeal. The High Court noted that the accused and the victim had been involved in physical relations multiple times. However, at no point did the victim inform any family member that the accused had entered her home and raped her. Even when she became pregnant, she kept this incident from her family.
The court argued that the victim’s silence until she was well into her pregnancy indicated that the alleged rape was not a case of force but rather one of consent. The victim had claimed that the accused often entered her home when she was alone and assaulted her. According to her, he had threatened her with severe consequences if she ever spoke about the incident.
After discovering her pregnancy, the victim eventually told her parents and filed a police complaint. Following an investigation, the police filed a chargesheet against the accused. However, the trial court acquitted the accused of all charges.
The High Court expressed that there was no medical evidence to prove that the victim was forced into physical relations against her will. It was deemed improbable that she would not inform her family about repeated assaults. During the trial, the accused claimed that he and the victim were in love and that their physical relationship was consensual. He even presented photographs to support his claims.
This ruling has sparked significant debate over the interpretation of consent in rape cases, particularly regarding the victim’s silence and its implications. Many legal experts and advocates for women’s rights have raised concerns that such judgments could discourage victims from reporting assaults, fearing that their delayed reactions might be misinterpreted as consent.
The case highlights a critical issue in the judicial system regarding the understanding of consent and the complexities surrounding sexual violence. The ruling may lead to a chilling effect on survivors seeking justice, as they may worry about how their actions, or lack thereof, will be perceived in court. Advocates are calling for a reevaluation of how consent is defined and understood in legal contexts, particularly in cases involving sexual violence.
As discussions continue, it is vital to ensure that victims feel safe and supported in coming forward, and that the legal system protects their rights and dignity. The implications of this ruling will likely resonate in future cases and the broader legal treatment of sexual violence in India.
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