Bodily Injuries Not Essential To Prove Sexual Harassment

Introduction

No one-size fits all reaction to Sexual Assault: In a landmark judgment reaffirming sensitivity and nuance in the adjudication of sexual assault cases, the Hon'ble Supreme Court of India had emphasized that the presence of physical injuries or a dramatic outcry is not a prerequisite to establish the offence of sexual assault.

A bench comprising Hon'ble Mr. Justice Hrishikesh Roy and Hon'ble Mr. Justice S.V.N. Bhatti emphasized that trauma manifests differently in different individuals and rigid assumptions about how a victim 'should' behave are both unrealistic and unjust.

"It is a common myth that sexual assault must leave injuries. Victims respond to trauma in varied ways, influenced by factors such as fear, shock, social stigma or feelings of helplessness. It is neither realistic nor just to expect a uniform reaction"