Drunk woman’s consent for sex is not valid, says Bombay HC
MUMBAI: The Bombay high court held that “a woman, when intoxicated is incapable of giving a free and conscious consent to a sexual relationship.” The court has held that in such a circumstance, even if the woman consents to a sexual relationship, it will not be considered valid or as an “excuse for committing rape.”
The court said in the case of rape, when a woman says “No” to sexual intercourse even once, it must signify she is unwilling. Similarly, when she says “yes, this yes must be free and unambiguous” for the incident to not amount as rape.
“Not every ‘Yes’ is covered as valid consent defined under section 375 of the Indian Penal Code (IPC). The term ‘without a woman’s consent’ has a wider meaning and covers a broader area of her wish to have sexual intercourse,” said justice Mridula Bhatkar, adding that “silence, or uncertainty” in itself, cannot demonstrate consent.