Even if the woman is in love with the man, it cannot be presumed that she has given consent for sexual intercourse, the Kerala High Court said in an order on 31 October. Justice R Narayana Pisharadi pointed out that consent should not be confused with submission.
The remarks were made during the hearing of an appeal by 26-year-old Syam Sivan, against his conviction and subsequent sentencing by a trial court for alleged rape.
"Helplessness in the face of inevitable compulsion cannot be considered to be consent as understood in law. Exercise of intelligence based on the knowledge of the significance and the moral effect of the act is required for consent," the court said in its order, reported LiveLaw.