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Surrender Can Not Be Viewed As Consent To Sexual Intercourse: Kerala HC Upholds A 67-Year-Old Conviction For Rape Of Minor [READ JUDGEMENT]

Lawstreet Journal 7 Jul 2020 7:52pm

Image courtesy: Lawstreet Journal Judiciary Surrender Can Not Be Viewed As Consent To Sexual Intercourse: Kerala HC Upholds A 67-Year-Old Conviction For Rape Of Minor [READ JUDGEMENT]

Recently, the Kerala High Court held that the resignation of a woman to sexual intercourse when induced by fear or duress cannot be called "consent" as understood in law (Thankappan v. Kerala State).

"In other words, in a country like ours committed to gender equality, only sexual intercourse which is welcomed could be construed as not violative of the rights of the victim and accepted as consensual," Justice PB Suresh Kumar observed.

A 67-year-old man convicted of having sexually assaulted and impregnated a minor from a scheduled caste was hearing an appeal by Justice PB Suresh Kumar. 

The complainant, who was around 14 when the act was committed, used to visit the accused's home to watch television regularly. The man had a wife, around the same age as the complainant. One day, when the accused's complainant was at his home, he had sexual intercourse with her forcibly. He had sent out his granddaughter just before the act to do some "shopping"

Given attempts by the plaintiff to shout, the accused proceeded to threaten her against exposing his actions to others. The accused also continued to have intercourse with her on other occasions which the plaintiff did not reveal to anyone for fear of harming her mother and sister.

While the plaintiff admitted that his act was without her will, the man argued through his counsel that the act was consensual because “she used to go to the house of the accused as and when desired or required by the accused and had sex with him.”

The Court, however, observed, "In a situation of this nature, according to… Continue Reading...


Tagged: Kerala HC  
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