The Bombay High Court on Friday said an intoxicated woman’s consent for sex was not an excuse for rape. The court made the observation during the hearing of a petition filed by a Pune resident, accused of gangraping his colleague with two other friends in 2016.
“In a case of rape, when a woman says ‘no’ for sexual intercourse, it means she is not willing. Similarly, when she says ‘yes’, it should be a free and conscious ‘yes’. Intoxication cannot be an excuse. If a girl is intoxicated, it means she is mentally uncapable of giving free and conscious consent,” Justice Mridula Bhatikar said.
The accused said his colleague did not oppose consuming four alcoholic drinks before he took her to his friend’s apartment. She, however, alleged that the accused had spiked her drinks and took her to the apartment.
Bhatikar said, “Why did the boy not take her to her house when she could not walk and did not have orientation instead of taking her to the flat of his friend?” She acquitted the two other accused, citing lack of evidence.
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