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    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?Ā 
    A Consent is presumed due to lack of physical resistance Correct Answer Incorrect Answer
    B No consent exists as she has not communicated willingness Correct Answer Incorrect Answer
    C Consent is implied through participation without resistance Correct Answer Incorrect Answer
    D The situation is legally ambiguous and requires court interpretation Correct Answer Incorrect Answer
    E Consent exists unless she explicitly says "no" Correct Answer Incorrect Answer

    Solution

    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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