Hotel Booking And Entry In Room Doesn’t Mean Consent For Sexual Activity: Bombay High Court Say

In a significant legal development, the Bombay High Court at Goa ruled that a woman’s act of booking a hotel room with a man cannot be construed as consent for sexual activity. This ruling came after the court quashed a decision by the Margao Trial Court, which had discharged Gulsher Ahmed from a rape charge. The Trial Court had previously concluded that the woman’s involvement in booking the room with the accused implied consent to sex, a view the Bombay High Court found to be legally incorrect.

The Incident and Legal Proceedings

The case dates back to March 3, 2020, when Gulsher Ahmed allegedly lured the victim into a hotel with the promise of securing a job abroad. Upon entering the hotel room, the victim was reportedly threatened and raped by the accused. She managed to escape the ordeal and immediately reported the crime to the police. Hotel staff supported her account, further undermining Ahmed’s defense.

Court’s Emphasis on Distinguishing Between Presence and Consent

Justice Bharat Deshpande, in his September 3 ruling, highlighted the distinction between the woman’s physical presence in the hotel room and her consent to the sexual act. The judge emphasized that the Margao Trial Court had conflated the two issues, which led to a mistaken judgment. The ruling is a critical affirmation of the legal principle that physical presence in a location, in this case, a hotel room, does not imply consent to sexual activity.

This ruling adds weight to ongoing discussions around consent and the need for clear legal standards that protect individuals from sexual violence. It also marks a step forward in upholding the importance of consent in legal cases of sexual assault.