• Gang rape

Gang rape with consent
Asked 4 years ago in Criminal Law
Religion: Hindu

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22 Answers

See if the term consent is used then it is not rape. So even if a women is giving consent for sex to multiple man at same time it is not rape.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

What exactly is your query?

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

No, forced intercourse is rape if there is consent it is not rape.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

What is the age of the girl?

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Hi,

Consent given removes the allegations of rape. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Consensual sex with many is not rape.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Consensual sex with any number of males is not rape.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

The age of consent in India has been increased to 18 years, which means any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute statutory rape.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

The apex court said the girl cannot be a consenting party in case of gang rape and it will be presumed that the prosecutrix did not give consent.

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

in view of the provisions of Section 114-A of Indian Evidence Act, 1872 there is a presumption as to absence of consent in case of gang rape.

"And it will be presumed that the prosecutrix did not give consent, as this presumption is based on the reasoning that nobody can be a consenting party to several persons simultaneously. Thus, consent is not possible in the case of gang rape," it said.

 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Sex done with mutual consent is never rape and this doe snot change with the number of sex partner.

In other words in your case this is not gang rape but the problem is if the girl lodges false complaint of rape then she can do so even if she slept with solitary man or with multiple persons.

So pray that the girl does not go to Police. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1. Sex with Consent CANNOT be called as "Gang Rape", since Rape is a criminal offence, whereas "Mutual Consent Sex" is NOT any type of offence, even If done by a group or several persons.

2. However "mutual consent sex" can be converted to Rape, at the instance /statement of the Female.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Gang rape cannot be with consent of any girl.

2. Rape will be rape whether there is single boy or many boys 

3. Consent sex or paid sex with several boys at one time can be considered as Gang rape if girl lodge FIR against those boys. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

please post your query in detail. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If sex is forced without someone's consent, it's rape.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Where's the question of rape when it happens with consent?

What is your query?

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

No but girl can take advantage of this. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

With her consent,  when,  at the time of giving such consent,  by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance,  she's unable to understand the nature and consequences of that to which she gives consent. 

Also with or without her consent if she's under 16 years of age. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Consensual Sexual Relationship is neither Rape Nor Gang Rape.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

If the woman had consensual sex with a gang of men it cannot be termed as gang rape.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

It can be said to be a group sex or orgy as we call it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Consent sex can't be gang rape. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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