# Sexual history of survivors still shadows rape trials despite law

2026-08-14T03:46:24+00:00 | Governance | Indian Opinion Desk

Corroboration: 1 independent outlet

The Bombay High Court’s recent observation that a rape survivor was subjected to an “invasive, humiliating cross-examination” about her past sexual history in the Tarun Tejpal case reveals that such questioning persists despite a statutory ban. Legal experts say defence lawyers now circumvent the bar by framing indirect questions that allude to a survivor’s character or previous sexual experience. Section 53A of the Indian Evidence Act (now Section 50 of the Bharatiya Sakshya Adhiniyam) makes evidence of a victim’s sexual history irrelevant to consent. Yet stereotypes about “good women” continue to influence trials and sentencing, as studies by legal scholar Mrinal Satish have shown. Activists call for regular sensitisation of lawyers and judges to end these practices.

## Coverage

- thehindu.com <https://www.thehindu.com/news/national/sexual-history-of-survivors-continues-to-shadow-rape-trials-despite-legal-bar-say-experts/article71336475.ece>

Tags: Bombay High Court, evidence law, gender sensitivity, Indian courts, rape trials, sexual history
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