The agreement to engage in sexual behavior is known as sexual consent. Before you engage in sexual activity with someone, you must first determine whether they wish to engage in sexual activity with you as well. It’s also crucial to be open and honest with your spouse about your desires and dislikes. Setting your personal limits and respecting your partners are all part of consenting and asking for consent — and checking in if things aren’t clear. For sex to be consensual, both parties must agree to it every time.
Sexual activity (including oral sex, genital touching, and vaginal or anal penetration) without permission is considered sexual assault or rape. It was freely offered. Consenting is a decision made freely, without coercion, or under the influence of drugs or alcohol.
Reversible. Anyone, at any time, can change their mind about what they want to do. It doesn’t matter if you’ve done it before or if you’re both nude in bed.
Informed. You can only give your agreement if you know the whole story. For example, there isn’t full consent if someone claims they’ll wear a condom but then doesn’t.
Enthusiastic. When it comes to sex, always do things that you WANT to do, not things that you feel obligated to do.
Specific. Saying yes to one item (such as going to the bedroom to make out) does not imply that you have said yes to all of them (like having sex).
You have ultimate control over what happens to your body. It makes no difference if you’ve already hooked up or if you said yes and then changed your mind. You have the right to say “stop” at any time, and your partner must respect your wishes.
Things like your prior conduct, what you dress, and where you go never imply consent. There should never be any ambiguity or misunderstanding about sexual consent. Silence does not imply agreement. It isn’t simply crucial the first time you meet someone. Couples who have had sex previously or who have been together for a long period must always consent before having sex. There are rules governing who can and cannot consent. People who are inebriated, high, or passed out are unable to agree to sexual activity. There are also rules in place to prevent children (those under the age of 18) from being forced into having intercourse with someone significantly older than them. The legal age of sexual consent is the age at which a person is regarded legally capable of consenting to sex. Adults who have intercourse with a minor under the age of consent risk going to jail and being labeled a sex offender. In different sections of the United States and in different nations, the age of consent varies.
Should Marital Rape Be Punished?
Although it may not be the same as a relationship outside of marriage, the Delhi High Court has ruled that prima facie marital rape should be punished. The court heard a slew of petitions on January 11th contesting the exemption to Section 375 of the Indian Penal Code that exempts marital rape. The various legislative reasons for the exemption to IPC Section 375 were also considered by a division bench of Justice Rajiv Shakdher and Justice C Hari Shankar. On behalf of petitioners RIT Foundation, attorney Karuna Nundy contended that the marital rape exemption and the challenged clauses fail to meet the constitutional requirements of Articles 14, 15, 19, and 21. It is the clear mandate of the constitutional court under Article 13 to put it aside without waiting for legislative action. Nundy stated that “slapping your wife or murdering her in the bedroom is expressly criminalized, but raping her is not.”
Advocate Nundy cited a Supreme Court decision that struck down exemption 2 to Section 375 (which defines rape), allowing such sexual conduct to be committed.” On a combined interpretation of C.R. v. UK and Eisenstadt v. Baird, it is fairly apparent that a rapist remains a rapist and marriage with the victim does not change him into a non-rapist,” the Supreme Court had said. Rape is rape regardless of whether it is classified as such or as penetrative sexual assault or aggravated penetrative sexual assault.”Nundy pointed out that only a small percentage of marital rape cases were recorded, and even fewer were convicted. She said that the clause classified victims as unmarried women, live-in or divorced partners, married women, and married but separated women based on their marital status. And that it had nothing to do with the rape legislation, which is designed to prevent and punish non-consensual sexual contact. Senior Attorney Colin Gonsalves previously stated that marital rape is the most common type of sexual assault against women that are never recorded, investigated, or studied.
“It defines rape in a very broad sense,” Justice Shankar said when asked why there is an exemption to marital rape as a crime under Section 375. It states that “even a single incident of unwilling intercourse with the opposing person qualifies as rape.”
“Let us consider a hypothetical case in which a couple is just married,” he said. One day, the husband wants to have conjugal contact with his wife. No, replies the wife. If you don’t allow it, your husband declares, “I’m leaving the home and going.” This is rape if we don’t get rid of this exemption.”
Justice Shankar disagreed with the claim that there is no discernible difference between a married and unmarried pair. “There’s a good explanation for it.” If a guy and a girl are not married, regardless of how intimate their connection is, whether it is boyfriend or girlfriend or live-in, neither of them has the right to expect sexual intercourse from the other. There are no rights recognized by the law. As a result, each participant has the entire freedom to refuse to have sex with the other. It’s a matter of accommodation if the other side agrees. There is a qualitative difference in a marriage connection. Both partners are expected to have a conjugal connection.”Marriage confers a social and legal right to anticipate regular sexual interactions, according to Justice Shankar.”Marital rape, in my opinion, should be prosecuted prima facie,” Justice Shankar said at the same time. There should be no ambiguity. There can’t be a compromise between women’s sexual autonomy, physical integrity, and the freedom to say no.”We are not here to debate whether marital rapes should be punished; we are here to debate whether this man should be charged with rape in such a scenario,” Justice C Hari Shankar stated.
The question, according to Justice C Hari Shankar, was whether to strike down the exemption under Section 375 of the Indian Penal Code.” In India, there is no such thing as marital rape. When we use the term “marital rape,” it’s something I’ve had exceptions to since the beginning, and I continue to do so. When you label it rape, you’ve violated section 375 of the IPC. If it is rape, it must be punished, whether it be married, non-marital, or any other type of rape. This constant use of the term “marital rape” obfuscates the real issue at hand, in my opinion.”
He pointed out that the Supreme Court has well-established criteria on how to strike down the clause as unconstitutional. Under an ideal case, he added, the bench should have been informed of the circumstances in which the clause must be struck down.
