An Indian court has overturned a film director’s rape conviction on the grounds that a ‘feeble’ no can be a sign of consent, the Guardian reports.
Mahmood Farooqui was convicted of raping an American graduate student in his home and handed a seven-year jail sentence last year. Farooqui appealed the decision, and his lawyers argued first that the incident never took place, then that he hadn’t been aware that the victim didn’t consent.
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Justice Ashutosh Kumar overturned Farooqui’s conviction on Monday this week, saying that he had to give “the benefit of the doubt” because despite the victim’s testimony that she had repeatedly said no, she had ultimately ‘gone along with it’. He added that “instances of woman behavior are not unknown that a feeble no may mean a yes”.
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