Orissa High Court on resistance in Rape Cases: A case of dangerous reliance on Rape Myths
In this article, the author Seerat Gill critiques on the judgement of Orissa High court in the case of Sanu Munda v State of Odisha. The author seeks to answer the question, can marital status and sexual experience be sound parameters while examining a victim’s level of resistance to rape? The piece answers this question in negative by offering a critique of the Orissa High Court’s reasoning for three reasons. First, it fails to take into account the Supreme Court’s prevailing jurisprudence which successfully debunks the existing rape myths. Second, the Court’s reasoning amounts to judicial stereotyping which is proscribed by the Supreme Court vide its judgment in the matter of Aparna Bhat v. State of Madhya Pradesh. Third, it puts additional pressure on the performance on victims and fails to take into account subjective reactions to an incident. Continue reading Orissa High Court on resistance in Rape Cases: A case of dangerous reliance on Rape Myths
