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This article critically analyses the standard of consent in rape law in India by engaging in a doctrinal analysis of the current jurisprudence. It also analyses various extraneous circumstances influencing the determination of consent in Indian rape law. The article will then assess the status of consent jurisprudence and related issues in the English and Canadian jurisdictions for a comparative assessment. Thereafter, it will critically assess the arguments in favour of an affirmative standard of consent before concluding with possible solutions for better interpretation of the law in determining consent by courts during rape trials in India. En este artículo se analiza críticamente el estándar de consentimiento en la ley india sobre violación mediante un análisis doctrinal de la jurisprudencia actual. También se analizan diversas circunstancias ajenas que influyen en la determinación del consentimiento en la legislación india sobre violación. A continuación, el artículo evaluará la situación de la jurisprudencia sobre el consentimiento y las cuestiones conexas en las jurisdicciones inglesa y canadiense para realizar una evaluación comparativa. A continuación, se evaluarán críticamente los argumentos a favor de una norma afirmativa del consentimiento antes de concluir con posibles soluciones para una mejor interpretación de la ley a la hora de determinar el consentimiento por parte de los tribunales durante los juicios por violación en la India.

Attrition of child sexual abuse (CSA) cases occurs at different stages of investigation, and only a small proportion of the cases reported to police are referred for prosecution. Different factors have been linked with the prosecution of CSA cases; however, little is known about how prosecutors determine which cases should proceed and which should not. This paper investigated criteria and thresholds used by prosecuting lawyers in deciding whether a child sexual abuse case should proceed. Fifty-six Australian prosecution case files (79 complainants; 58 defendants) were reviewed. The cases included contemporaneous and historical allegations of child sexual abuse, ranging from a single incident to repeated, protracted abuse over a decade. Written notes and emails in prosecutors' files were searched for perceptions of the complainants, decisions to proceed and verdicts. When a complainant was considered inconsistent in some way, giving rise to recorded concerns about their credibility or reliability, 82.3 % of these cases culminated in discontinuance or an acquittal. Conversely, 78 % of cases with complainants who were regarded as largely consistent throughout the investigation resulted in a conviction. Recorded issues with a complainant's memory of the events, cognitive capacity, and confusion about the alleged assault were not associated with case outcomes. Most CSA cases that were referred for prosecution resulted in proceeding with charges against the defendant. Perceived issues with the consistency and credibility of the complainants' evidence were the most important decisional factors. [ABSTRACT FROM AUTHOR]

Research has long highlighted the importance of complainant credibility in influencing sexual assault (SA) case outcomes. Despite these findings, few studies have investigated the police decision to question a complainant's credibility. This study uses data on SAs reported to the Los Angeles Police Department (LAPD) in 2008 to address this issue, specifically focusing on the effects of rape culture. Results suggest that indicators of "real rape" and measures of complainant "character flaws" influence the likelihood that an officer will question a complainant's credibility. Notably, all indicators measuring officer perceptions of complainant "character flaws"—whether reputation issues were present, the complainant suffered from mental health issues, her testimony was inconsistent, and if the officer believed she had a motive to lie—increased the likelihood that the police would question her credibility. Practical implications, theoretical advancements, and directions for future research are discussed. [ABSTRACT FROM AUTHOR]

Despite the growing number of reported cases of rape and sexual assault against women in India, there is an insufficient understanding of the perspectives and responses of the Indian Criminal Justice System in general and the judiciary in particular. By employing a framework of 'complainant credibility', this paper examines High Court judgments and judges' perspectives in rape appeals. In placing a robust and systematic focus on one aspect of the Indian jurisdiction, this paper sheds light on how competing realities are understood by the judiciary to inform decision making about complainant credibility and suspect's guilt in affirming or overturning trial court decisions. [ABSTRACT FROM AUTHOR]