Indian 🇮🇳 court ⚖ overturns rape conviction

An acquittal in a high-profile rape case in India has reignited debate over the meaning of consent after a judge set aside the conviction of a Bollywood filmmaker, saying "a feeble 'no'" could still signal willingness on the part of an alleged victim.

Mahmood Farooqui, the co-director of the hit Bollywood film "Peepli Live," was sentenced to seven years in prison in 2016 after he was found guilty of raping a Columbia University graduate student at his home.

"It is not unknown that during sexual acts, one of the partners may be a little less willing or, it can be said unwilling but where there is an assumed consent, it matters not if one of the partners to the act is a bit hesitant," Kumar observed in his ruling.

Elsewhere in his ruling, Kumar ruled that "instances of woman behavior are not unknown (sic) that a feeble 'no' may mean a 'yes'," particularly in cases where the parties involved "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 this judgment, the court has unfortunately elided over the legal definition of consent that, that many of us worked to bring into law in 2013," said Karuna Nundy, a Supreme Court lawyer who played a role in reforming India's sexual assault laws in the wake of the brutal gang rape of a physiotherapy student on a moving bus in Delhi in 2012.

UCJ, UNILORIN.