CONSENSUAL SEX
Facts-
• Ram Bahadur and Usha both are collage students.
• Ram Bahadur was preparing for UPSC exam and Usha was medical student.
• They both come under relationship and used to visit each other.
• During one year they established physical relationship several times.
• After qualifying the exam Ram became IAS and refuse to marry Usha due to different castes.
• Usha filled a rape case against Ram.
According to this fact since 1 year they are in relationship so this is consensual sex. When they starts to
establish physical relationship, Usha was matured girl, she knows the all consequences they were doing,
she also knows that Ram Bahadur is of other caste even she stay in relationship several times. So this is
consensual case she can’t fill a suit , Ram Bahadur has not any fault and he is not liable for any rape case.
The Consensual sex contains several circumstances while making physical
relationship –
• Her consent should be voluntary,
• should able to understand the significance of act,
• should be of free consent.
Some cases are-
• Shivashankar v. State of Karnataka (2018)
• Uday v. State of Karnataka (2003)
In this both case the High court refused to consider the case of rape and Shivashankar and Uday court
did not find them accused because in that case several circumstances are present like- voluntary
consent, free consent, of sound mind etc.
Legal remedy for such case-
