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Role of alcohol in consensual sex


19-Feb-2024 (In Criminal Law)
Situation: 2 people are in a relationship. Woman has a drink with her friends elsewhere before seeing boyfriend. She then sees boyfriend. Boyfriend sees she is functional. Even asks if she is still drunk to which she says no. Boyfriend doesn't take advantage and both engage in consensual sex. How will court view this? - Black and white - any amt (even 1%) is rape? - Circumstance - Court will assess if she was capable of consenting despite having some alcohol?
Answers (1)

Answer #1
852 votes
Dear Sir, It all depends upon how the Police built up the case. There are very clever persons and if your wife manage them then they can file created documents to show that you have committed the rape. Whenever FIR is filed you just obtain bail saying that it was consensual sex and thereafter appropach the High Court for quashing the same.
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