Legal Definition
A man is said to commit rape if he performs the legally defined acts constituting rape under the provisions of criminal law, under circumstances specified by law, particularly in the absence of valid consent.
Medicolegal Points Regarding Consent
Consent is not valid when it is:
- Obtained by fear or coercion.
- Obtained by deception.
- Given by a person incapable of understanding the nature and consequences of the act.
- Given under intoxication or unsoundness of mind.
The law recognizes the act as rape irrespective of consent in specified situations involving age.
Caution
Consent obtained by fear, deception, or from a person who cannot understand the act (including intoxication or unsoundness of mind) is not valid consent. In specified age situations, the act is rape regardless of whether consent was given.