Question
During a sexual encounter, a woman does not physically
resist but also does not verbally or gesturally indicate consent. According to Section 63 Explanation 2, what is the legal position regarding consent?ÂSolution
Explanation 2 defines consent as "unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate." The proviso specifically states "a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting." Absence of resistance does not equal consent; active communication of willingness is required.
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