Current Events > Judge overturns rape conviction, saying 'feeble no' may mean 'yes' to sex

(+) Yeah! (+)

guess the country

A high court judge has set aside the rape conviction of a prominent Indian actor and director, saying that a "feeble no" may mean a "yes" to sex - a case that has revived debate in India over the meaning of consent in rape cases.

On Monday, Delhi High Court Justice Ashutosh Kumar set aside the rape conviction of Mahmood Farooqui, who was convicted last year of raping a Columbia University graduate student in his New Delhi home. In a lengthy ruling, Kumar said it was likely that Farooqui had "no idea" the alleged victim was an unwilling participant in an act of oral sex, in part because she feigned orgasm.

In March, 2015, she arrived at his New Delhi home, thinking she was going to accompany him to a wedding along with his wife, Anusha Rizvi, also a filmmaker. But Farooqui - drunk and "lachrymose" as the judge put it - was alone. He attempted to kiss her and begged her for oral sex, finally forcing himself upon her, the victim testified. Scared, she feigned orgasm to end the encounter, she testified.

"You were supposed to be my friend," the alleged victim wrote him in an email after the event, according to the ruling. "Instead you manipulated me. You hurt me. I said no. I said no many times."

The student later returned to Columbia, where she eventually filed a complaint with the school. She returned to India four months later to file an official complaint of rape with Indian police. Farooqi - a famed Urdu storyteller who co-directed a popular film called Peepli Live - was convicted in July 2016 and sentenced to seven years in prison.

In his ruling, Kumar wrote that it was doubtful the incident took place as she described or, in any case, without her consent. "Under such circumstances, benefit of the doubt is necessarily given to the appellant," he wrote.

According to Kumar: "Instances of woman behaviour are not unknown that a feeble 'no' may mean a 'yes'. If the parties are strangers, the same theory may not be applied. ... But same would not be the situation when parties are known to each other, are persons of letters and are intellectually/academically proficient, and if, in the past, there have been physical contacts. In such cases, it would be really difficult to decipher whether little or no resistance and a feeble 'no', was actually a denial of consent."

Despite a clear definition of consent in the Indian Penal Code - which includes both verbal and nonverbal communication - judges and lawyers in Indian courtrooms have long blurred those lines, arguing that women who wear provocative clothes, stay out late or do not fight back fiercely enough against their attackers are actually providing consent.

"I am deeply concerned with the language. It is an absolutely incorrect interpretation of consent, which has statutorily been defined already," lawyer Rebecca John told the Times of India.

"The language used is neither legal, nor factual. This is the same misogynistic response we have fought for years."

Farooqui's supporters in the Indian theatre and movie community lauded the judge's decision.

"All the family members and friends of Mahmood Farooqui are relieved," his wife said in a statement to the newspaper.

"We followed the law to the T. We had faith in the justice system of the country. We were shocked when the trial court had convicted him and that's why we took the matter to the High Court. Given the evidence, he has now been acquitted."

https://www.stuff.co.nz/world/asia/97368883/judge-overturns-rape-conviction-saying-feeble-no-may-mean-yes-to-sex
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That is messed up.
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Shock, horror. India is a sexist country.
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classic India
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These conservatives make me sick. We need feminism there.
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This is Trump's America.
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LightningAce11 posted...

These conservatives make me sick. We need feminism there.

Feminists are too busy fighting manspreading to care about this.
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Up until last year (2016) in Germany, you needed to fight back and inflict physical damage in order to reject consent. You could shout no all you wanted, and even tried to run, but unless there was evidence of self defense, you had no case.

I'm sure there are other European countries that have similarly weak rape laws. And some States in the US still make spousal rape practically legal.
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theres a reason india is classified as a highly dangerous country and any travel there is highly discouraged
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Could have easily been Ameeica too
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twitterfriends posted...

Could have easily been Ameeica too

Nah, America has at least some people that respect women.
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Back_Stabbath posted...

lawyer Rebecca John told the Times of India.

Ah Rebecca John

That classic Indian name
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tri sapphire posted...

Up until last year (2016) in Germany, you needed to fight back and inflict physical damage in order to reject consent. You could shout no all you wanted, and even tried to run, but unless there was evidence of self defense, you had no case.

I'm sure there are other European countries that have similarly weak rape laws. And some States in the US still make spousal rape practically legal.

Yeah, in Sweden people are still fighting for consent based laws. There have been cases where the rapists go free because the victim didn't "make it clear enough" they didn't want it. Even though the judge might comment that it was really clear. Frozen fright is a well known phenomenon, but if it happens to you then the law couldn't give a shit.
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From what I've read about the case, it was basically just her word against his with no real evidence and the Judge ruled in his favour

l Dudeboy l posted...

twitterfriends posted...

Could have easily been Ameeica too

Nah, America has at least some people that respect women.

I honestly thought this was about America coming in. We have some seriously dumb ass Judges that do stuff like this.
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