No means no: without consent, sex is rape #womenrights #Vaw

Aloke Tikku, Hindustan Times
New Delhi, February 05, 2013

On consent for sex, the woman’s word will be the last one. Once the prosecution is able to prove that there was sexual intercourse in a wide-range of cases, the new sexual assault law requires the court to presume that the victim did not consent as claimed by the

accused.

The law defines consent as an “unequivocal voluntary agreement” when the person by words, gestures or non-verbal communication communicates willingness. That the victim did not physically resist rape shall not be regarded as consenting to the sexual activity.

Besides police officers, hospital staff and remand home officials, the Criminal Law (Amendment) Ordinance has widened this safeguard to presume absence of consent for victims where the alleged rapist was a relative, guardian, teacher, a person in a position of trust or authority or who had “economic or social dominance”.