Mumbai: In a landmark judgment, the Goa Bench of the Bombay High Court asserted that a woman’s decision to book a hotel room and enter it with a man does not imply consent for physical relations. The bench, led by Justice Bharat Deshpande, overturned a Madgaon Sessions Court order that had acquitted a man accused of rape.
The Sessions Court had earlier dismissed the case, reasoning that since the woman had taken the initiative to book the hotel room, it implied her consent to whatever transpired within. However, the High Court, in its verdict issued on September 3 and recently made public, ruled that this interpretation was incorrect. Justice Deshpande noted, “Merely because the victim entered the hotel room does not imply her consent to physical relations.”
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Tuesday 12 Nov. 2024
The High Court further emphasized that the Sessions Court’s conclusions contradicted established legal precedents. “Even if the victim agreed to enter the room with the accused, it does not equate to her consent for sexual activity. Importantly, the victim promptly filed a complaint following the incident,” stated Justice Deshpande.
The incident occurred on March 23, 2020. According to the case details, the accused had lured the woman with a job offer abroad and convinced her to accompany him to a hotel in Madgaon, under the pretext of a meeting with a mediator. Upon entering the hotel room, the accused allegedly threatened to kill her and then forced himself on her. The victim managed to escape and immediately informed the police, leading to the accused’s arrest.
The Sessions Court had initially acquitted the accused, interpreting the woman’s entry into the room as voluntary. However, the High Court’s recent judgment reinforces that entering a hotel room does not equate to consent, setting a significant precedent in cases of consent and assault.
