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How to prove consensual sex between two adults
03-Sep-2023 (In Criminal Law)
How can a man prove, that if he had consensual sex with an adult girl without promise of marriage (if both are unmarried), that he did not raped girl and it was consensual sex. What evidence will be considered??
It is fundamental principle of criminal law that an accused is innocent till proven guilty. Therefore firstly it’s upon the prosecution to prove the guilt of accused beyond reasonable doubts. Once prosecution proves the guilt of accused, it is true that it is quite difficult to prove the consent of a girl who enters into intimate relationship. As far as evidence is concerned, it completely depends upon the facts and circumstances of the case. In most of frivolous rape cases, the cross-examination of prosecutrix and other prosecution witnesses are of great help.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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