Thu May 08 23:21:19 UTC 2025: ## Bombay High Court Upholds Gang Rape Conviction, Rejects Consent Argument Based on Past Relationship
**Mumbai, May 9, 2025** – The Nagpur Bench of the Bombay High Court has delivered a strong verdict against the use of a survivor’s past relationships to justify sexual assault. In a detailed judgment, the court upheld the conviction of three men – Wasim Khan, Kadir Sheikh, and a juvenile – for the 2014 gang rape and assault of a woman.
The court rejected the defense’s argument that the survivor’s prior relationship with one of the accused implied consent. The judges explicitly stated that a woman’s past sexual history does not grant perpetual consent for future sexual activity. “A woman who says ‘NO’ means ‘NO’,” the bench declared, emphasizing that consent must be freely given in each instance.
The three men were initially sentenced to life imprisonment for gang rape, attempted murder, abduction, and robbery, among other charges. While the High Court affirmed the convictions, it reduced the sentences to 20 years rigorous imprisonment for gang rape and 10 years for attempted murder.
The court’s decision underscores the importance of consent in sexual relationships and firmly rejects the victim-blaming tactics often employed in such cases. The judges highlighted the severity of rape as “the most morally and physically reprehensible crime,” emphasizing its violation of the victim’s body, mind, and privacy. The judgment serves as a significant legal precedent in India, reinforcing the principle that a woman’s past relationships are irrelevant to determining whether a sexual act is consensual.
First Piper 