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Report No. 84

2.12. The proof of violence.-

It would, of course, be realistic to state that most women in our society are not equipped to repel an attempt at rape, even in, self-defence. When attached, they might submit in terror and are unable to muster enough physical strength for offering effective resistance. We have no doubt that courts will continue to attach due weight to this consideration and we hope that the amendment recommended by us in section 375 will be a reminder to all concerned of the true position.

1. See also para. 7.8, infra.

2. See discussion as to "free and voluntary" consent, supra.

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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