Question
 A 19-year-old man has consensual sexual intercourse
with his 17-year-old girlfriend who willingly participates. Under Section 63(vi), what is the legal position?Solution
Section 63(vi) clearly states "with or without her consent, when she is under eighteen years of age." This creates an irrebuttable presumption that anyone under 18 cannot give valid consent to sexual activity. The consent of a minor is legally irrelevant, making this rape regardless of willingness or circumstances.
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