Home NATION Kerala High Court defines Consensual Sex, States only ‘Welcomed’ Intercourse come under...

Kerala High Court defines Consensual Sex, States only ‘Welcomed’ Intercourse come under Consensual Sex

The High Court ruled by referring to the Supreme Court decisions of 1958 and 2003 (Rao Harnarayan Singh Shivji Singh v. State & Uday v. State of Karnataka). The court gave this order considering the appeal of a 59-year-old man. He is accused of raping a 14-year-old girl living in his neighborhood several times. The girl also became pregnant due to his sexual intercourses.

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Kerala High Court defines Consensual Sex/Representational Image

The Kerala High Court has explained the difference between a consensual sex and a rape during a hearing of a case. The court has observed that if a woman welcomes for sex, then only it can be considered as sex by mutual consent, otherwise it would be classified as a rape.

Justice PB Suresh Kumar, referring to a case in the US Supreme Court in 1986 (Meritor Savings Bank v. Vinson), said that it should be the norm for a woman to be willingly welcoming to have sex in order to consider it under consensual sex. There should be no consent basis for this. This will protect the rights and sexual equality of women.

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The Kerala High Court observed in its judgement that in a country like India which is devoted to gender equality, only such physical relations which are happily welcomed do not violate the rights of the victim. Such a relationship can be accepted by mutual consent.

Terming a rape and sexual assault as crimes against sexual equality, the court referred to the UN declaration of eradication of crime against women. The Kerala High Court stated in the Judgement that it is a social reality that sex as a woman wants can never be called a mutual consent. When the sexual interaction is equal, a consent is not required and if it is not from both sides, it cannot be equated with consent.

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The High Court ruled by referring to the Supreme Court decisions of 1958 and 2003 (Rao Harnarayan Singh Shivji Singh v. State & Uday v. State of Karnataka). The court gave this order considering the appeal of a 59-year-old man. He is accused of raping a 14-year-old girl living in his neighborhood several times. The girl also became pregnant due to his sexual intercourses. The incident took place in 2009 and the Protection of Children from Sexual Offences (POCSO) Act was not in existence at the time. The Kerala High Court upheld the verdict on the accused convicted by the lower court. His appeal was dismissed.

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Appealing to the High Court, the accused had contended that he had formed a consensual relationship with the victim. He said that the victim had come to his house several times after sex for the first time. The victim, however, said in the court that she did so because she feared harm to her mother and sister.

Via