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The Supreme Court has ruled that victims don’t need to prove resistance in cases of rape committed by force, threat, or intimidation.A decision of the high court's Third Division found the accused guilty of raping his daughter multiple times since she was nine years old until she reached 16.In upholding the conviction of the accused, the SC resolved "whether resistance is an element of rape.
It also dismisses the fact that resisting a man’s sexual advances can harm a woman or get her killed."The Court added that in many instances of rape, the offender is someone the victim knows, such as in incestuous rape.The court said that a child cannot be expected to resist her parent’s abuse in such cases. “A child simply cannot be expected to resist her own father's abuse.
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