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Couple had sex with consent, after attaining 18 years, will it be rape


09-Nov-2023 (In Criminal Law)
I am a law student and my doubt is when male and female over 18 indulge in sex and get caught in return boy gets a case issued from girl's side. Would it be considered rape in the eyes of law? Or it's legal and its considered the work of own independent discretion of male and female?
Answers (5)

Answer #1
878 votes
Dear it purely depends on the statement of the girl, if you have proof that it was a consented sexual intercourse only then you can save your skin, otherwise the girl may say that you did a rape by giving her some toxic substance, she was not in sense. If you have proofs like photos that you were in relationship of love before doing a sex, then police can declare you innocent.
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Advocate J.C. Kaushal

Adv. J.C. Kaushal

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Answer #2
743 votes
Yes, if girl says that there was no her consent. then court presume that it is rape. Where sexual intercourse by the accused is proved and the question is whether it was without the consent of girl alleged to have been raped and such girl states inherited evidence before the court that she didn't consent, the Court shall presume that she didn't consent.
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Advocate Ajitpal Singh Mander

Adv. Ajitpal Singh Mander

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Answer #3
519 votes
dear questioner,i have seen no. of cases where consented sex turned into rape cases. very simple rule inthis matter,if girl is with you and ready to accept that it was consensual then no worries.but once she goes to police and gives statement then no escape for you untill you prove it wrong by leading the evidence. for you, i will suggest that don't try to cheat her otherwise she can drag you to the rape case easily. no one else can do this,except her. being adults you can do that with the consent of each other.but remember this should never be a revealed to anyone as it can come to the limits of immoral trafficking,because even if you are adults,majors now but in india it is still not legal.
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Advocate Nidhi Sharma

Adv. Nidhi Sharma

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Answer #4
874 votes
The age of majority is of 18 years . however the marriagable age for boy is 21 yrs and for girl is 18 yrs. if both are major and have sex with consent then it wont come under the definition of rape under section 376 of ipc. i
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Advocate Arun Sharma

Adv. Arun Sharma

LawRatoJalandhar | 25+ Answers
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Answer #5
866 votes
if a couple had sex with their consent. then it will not be considered as rape. if they found from a public place, then they will be under Immoral Traffic Act. if they have done six in their respective houses. then there is no problem.
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Advocate Raj Kumar Mahay

Adv. Raj Kumar Mahay

LawRatoNawanshahr | 25+ Answers
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