Judicial consent adoption new york9/12/2023 ![]() The Indian judiciary has a long and unfortunate history of placing a higher priority on factors such as the victim’s resistance to the sexual assault, injury marks on the victim and the behavior of the victim before and after the assault, rather than on the victim’s consent, bodily integrity and sexual autonomy thus, patriarchal structures are legitimized. As per the Guarantee of Sexual Freedom law, also known as the “ only yes means yes” law, any sexual conduct without consent is considered sexual assault. Recently, Spain’s Parliament passed a new bill that seeks to make consent the determining factor in sexual assault cases, thus freeing victims from the burden of proving that they were intimidated, subjected to violence or that they physically resisted to show that they suffered a sexual assault. Avanti Deshpande, a law student at ILS Law College in Pune, India, discusses rape adjudication in India and the need for an affirmative consent standard.
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