was I legally old enough to give consent?

Question

was I legally old enough to give consent?

23-May-2023 (In Criminal Law)

A guy was physically involved with me in 2019 when I was of the 15 and he was 20 at that time. He’s 23 now and I’m about to turn 18 this month. It was consensual, of course. But a person I spoke to yesterday told me I was not legally old enough to give consent and that in the eyes of law is considered statutory rape. This guy I was involved with was my boyfriend and I was with him for 3 years. He was abusing me mentally and verbally so I left him.

Answers (2)

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Advocate Akram Imtiaz Ali LawRato · Accepted Answer · 2021-05-25T15:21:14+05:30

Dear Madam, I would like to answer your query in the following words. Romantic relationship and sexual instinct are a universal phenomenon with its developmental significance, especially during adolescence. However as per the Protection of Children from Sexual Offences Act,2012 popularly known as POCSO,2012 and Criminal Law(amendment) Act, 2013 the legal age of consent for sexual relationship is 18 years and this prohibits any form of sexual engagement even in the context of a romantic relationship. Before the implementation of this Acts the legal age of consent to engage in sexual activity was restricted only to female and was 16years until 2013. However, after 2013, according to Section 375 of the Indian Penal Code, 1860, any man having intercourse with a female below the age of 18 years, irrespective of her consent is considered as Rape, with the exemption for a married man having intercourse with his wife above 15 years of age. The POCSO, 2012 vide Section 42A override all other laws which prescribe a lower age limit and irrespective of the consent, engaging in sexual act before or after the marriage with or between the minors under the prescribed age is prohibited and such consummation amounts to sexual assault and is punishable in terms with Section 3 and 4 of the POCSO,2012 and Criminal Law(amendment) Act, 2013. As such considering your problems in the present context it definitely amounts to Rape in legal sense. However the relationship being consensual may not be a matter of much importance though the Court will definately look into the matter before coming to a conclusion.

Advocate Daiyan Hussain LawRato · Accepted Answer · 2021-06-13T02:44:58+05:30

Answer #2

The age of consent in India is 18 years old. The age of consent is the minimum age at which an individual is considered legally old enough to consent to participate in sexual activity. The individual within 17 years of age or younger, will not be considered to be legally old enough to give their consent to participate in any kind of sexual activity.

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