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Extinct1234 t1_iuhcea7 wrote

The title is a bit short on details. Article copy/pasta:

New Delhi: The Supreme Court today slammed the use of "two-finger test" in cases of rape and sexual assault and asked the centre to ensure the practice is stopped. The practice has no scientific basis to ascertain the sexual history of women, and it instead re-traumatises them, the Supreme Court said as it ruled that any individual conducting this test on a survivor will be held guilty of misconduct.

"It is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped merely because she is sexually active," the top court said.

A Supreme Court bench comprising Justice D Y Chandrachud and Justice Hima Kohli made these observations while restoring conviction in a rape case.

The bench overturned a Jharkhand High Court's ruling acquitting a rape and murder convict, and upheld a decision of a trial court holding him guilty.

The top court directed the centre and the states to review curriculums in all government and private medical colleges and have the study materials on "two-finger test" removed.

The Supreme Court also asked the health ministry to conduct workshops for health service providers in all states in order to communicate the appropriate procedure for examining the survivors of sexual assault.

In 2013 too, the Supreme Court had held that "two-finger test" violated a woman's dig

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Ozryela t1_iui5w9r wrote

So the appeals court overturned a conviction for rape and murder based on this test. And the Supreme Court now calls bullshit.

That's good. But I don't understand how, even if you use this test, how it could lead to acquittal for murder. You can consent to sex but not murder.

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ApplesOffATree t1_iui93sm wrote

If she hadn’t resisted the “consensual” sex he wouldn’t have had to murder her of course. /s

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TheLongAndWindingRd t1_iuib78h wrote

Two charges. You can be acquitted of the rape but not the murder charge. It's not like acquittal or conviction on one necessitates the other.

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