Abstract
Commission of rape in most jurisdictions hinges upon one crucial manifestation consent. In analysing this ingredient, the simple question most often asked is whether or not the victim consented to the act of sexual penetration by the defendant, without the depths of the issue really being appreciated. The longstanding disagreements and debates between academicians and practitioners regarding the meaning and nature of this term have resulted in courts directing that consent should have its "normal meaning". This article goes a step ahead to understand the moral and legal implications of consent. Addressing the lacunae in the law to administer deception and breach of trust in the sexual context, the author argues that consent ought to go beyond merely knowing whether the victim said "yes" or "no". Instead the inquiry must analyse the defendant' justifications, the context and most importantly the victim's "whole story" in order to understand her values, relationships and best interests. Only such an approach can truly ensure effective consent.
Recommended Citation
Herring, Jonathan
(2014)
"Rape and the Definition of Consent,"
National Law School of India Review: Vol. 26:
Iss.
1, Article 3.
Available at:
https://repository.nls.ac.in/nlsir/vol26/iss1/3
