Understanding The Concept Of Prior Consensual Sex

Vishal Singh, Amity Institute of Advanced Legal Studies

ABSTRACT

This study will look at how past sex between the victim and the accused affects court decisions in sexual assault cases. People have argued about whether past sexual history should matter in court and if it can make people think the victim is more to blame. This study will check past court rulings, laws, and writings to show the different parts of this problem. The study will compare court decisions and laws in different places to see what they have in common, what is different, and what new things are happening. It will look into how laws about sharing past sexual history in court have changed, and how courts see the rights of people to control their own sex lives. Also, the study will look at how society's views on sex, gender, and saying the victim is at fault affect court choices. By looking at how these things affect the way courts decide on sexual assault, the study wants to show that it's not easy to make fair choices in the justice system on this topic. Using ideas from the law, women's views, and numbers and facts, this study wants to join in on ongoing talks about sex attacks, saying yes, and trying to make courts fair. By giving light to the tough parts and results of thinking about past consensual sex in sex attack cases, this study wants to help make new laws, talk about policy, and look out for victims when we talk about sex attacks in our society.