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The distinction, as it happens, is critical to make. Every consent involves a submission but the converse does not follow,” the court noted. “There is a gulf of difference between consent and submission. That the complainant was missing physical marks of assault on her body doesn’t amount to consensual sex. Moreover, other grounds for establishing a lack of consent included physical evidence. Non‑Penetrative Sexual Acts Without Consent Also Count as Rape, Kerala HC Rules “Helplessness in the face of inevitable compulsion cannot be considered to be consent as understood in law,” they added, referring to the forceful submission of the complainant in this case. “Merely for the reason that the victim was in love with the accused, it cannot be presumed that she had given consent for sexual intercourse,” the court said in its order, dated October 31. What complicates consent is the assumptions that people often make. The misconception is multifold: If someone is married, they may have given lifelong consent to sexual intercourse if someone is in a relationship, the consent is implied. There remains cultural ambiguity around the idea of consent. In other words, just because the person was in love with the accused, it is incorrect to presume consent for sexual activity. “It can only be found that it was a passive submission made by the victim girl under unavoidable circumstances as she had no other option,” the court said, as reported by LiveLaw. The bench noted that the girl did not consent to sexual intercourse with the man. The court upheld the rape conviction by a lower court. He took the 17-year-old girl he was in a relationship with to a hotel and raped her also coercing her to go with him by threatening suicide. The 26-year-old was charged under multiple sections of the Indian Penal Code, including Section 376 which deals with rape and Section 3 and 4 of the Protection of Children from Sexual Offences ( POSCO) Act. Narayana Pisharadi, was ruling on a plea by a man who was convicted for having sexual intercourse with a minor without consent. It noted that being in love, or being in a relationship, doesn’t automatically imply consent for sexual intercourse with a person or partner. In an important judgment, the Kerala High Court recently highlighted an oft missed nuance about consent in relationships. If you listen to them under protest, as it were, you are very likely to get what you want." If you do they will instantly shut up like an oyster.