Sex With A Woman Of Unsound Mind is Rape

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Sex With A Woman Of Unsound Mind is Rape
Sex With A Woman Of Unsound Mind is Rape

Based on the observation of any sexual activity with a mentally ill woman who is incapable of understanding the nature of the act amounts to rape.

A Sessions Court found a 24-year-old man guilty and sentenced him to 10 years of rigorous imprisonment (RI) for having an affair with a 23-year-old mentally challenged woman who lived in his neighbourhood.

The woman’s mental age, according to the prosecution, was that of a 9-year-old girl. The woman who conceived post the sexual act, It was discovered that the accused and the survivor were the foetus’s biological parents.

The woman’s mental impairment was slight was argued as a defence.

By taking advantage of the victim’s helplessness, the accused had committed rape. A person with a mental illness or condition is deserving of extra attention, care, and devotion observed the court.

The Judge took note of the survivor’s admission during the defence attorney’s cross-examination that she knew the accused and had a consensual connection with him.

She said that because of their differing religious views, her parents had stopped her from marrying the accused. The victim acknowledged that she hadn’t told the accused that she was pregnant and had not first given the police his name.

The survivor restated that her parents had pushed her to submit a formal complaint even though she had no grievances against the accused. Based on this, the accused claimed that the connection was consenting.

The Judge, however, rejected the defence, stating that the prosecution had demonstrated the survivor’s moderate mental impairment in this instance.

According to the Judge, it has also been ruled by the SC that a girl with mental disabilities is unable to grant permission/consent, which would require her to grasp the consequences of her actions.

 

 

 

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