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[Marital Rape] Sex workers have right to say no to customer; can married woman not have the right (against husband)? Justice Rajiv Shakdher

Amicus Curiae and Senior Advocate Rajshekhar Rao had said that even sex workers have the right to accuse a man of rape if he forces himself on them.

“Every other woman including a woman who is socially perceived as unchaste or of ‘easy virtue’ like a sex worker is entitled to the rights given in law but a married woman is not. This denial hits at the very core of her existence,” Rao submitted.

Justice Shakdher responded by agreeing to the same.

“You gave a good example of the sex worker. Because if you were to take into account the circumstances, what better defence to say that this is the person who is used to entertaining people. She is the lady of the night as they say. She is used to entertaining people and therefore circumstances would suggest that she should also have been the exception. We have chosen not to do it. In fact, courts have gone very far by saying that she can say no at any stage…

…So, a sex worker actually shines the light on a circumstance which is sought to be protected by the exception. The idea of someone entering into a bargain and then saying, ‘Sorry, I don’t want to go with it’ and she can then prosecute the person who imposed himself is something that requires to be considered in light of the circumstances in which the husband and wife are placed,” he said.

Source: Barandbench

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