India: Rape Law says 'Yes can mean No'

Article here. Excerpt:

'According to Section 375 of the Indian Penal Code, a man is said to have committed rape if he has had sexual intercourse with a woman against her will and without her consent.
The definition of rape does not end there!

Even if a woman has given her consent for sex, the man would be deemed to have committed rape when

• her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

• the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

• 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 is unable to understand the nature and consequences of that to which she gives consent.

In addition, a male having sex with a female under sixteen years of age is rape regardless of whether the act is done with or without her consent. What is striking, at the outset, is the inherent bias in the definition of rape itself. According to this law, rape is a criminal act that is committed by a man against a woman. Not only that, the crime is entirely in the mind of the female “victim.”'

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