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Report No. 84

VIII. Submission Not Amounting to Consent

2.13. Submission and consent.-

It has been represented to us during our oral discussions with women's organisations that the law should enact that submission does not amount to consent, in the context of offence of rape. We are recommending changes in section 375, particularly in relation to the requirement of "free and voluntary" consent.1 In view of these changes which define the legal quantity of consent, we do not propose to make any such clarification as has been suggested.

1. 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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