All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

Practice Mode:
33.

A, a man, asked B, an adult woman, if he could have sexual intercourse with her. B refused. A brandishes a gun and threatens to kill her neighbors if she does not consent. B gives consent out of fear for the lives of her neighbors and they have sexual intercourse. A is charged with rape. In the court, the defennce. argues that at the time of the sexual intercourse, B had given her consent. Which of the following statements is the most accurate application of the principle below ?


Principle : A man is said to commit 'rape' when he has sexual intercourse with a woman under circumstances such that the sexual intercourse is against her will, is without her consent, or is with her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
A: It is not rape because consent was obtained from B.
B: It is not rape because the consent was obtained by a threat to kill other people and not herself or her family.
C: It is not rape but an attempt to rape.
D: It is rape as the sexual intercourse was against her will and the consent was given by the threat of killing her neighbors.
E: It is rape but A will not be punished as B had given her consent.

The answer is: D

Explanation

According to the principle given, a man is said to commit ‘rape’ when he has sexual intercourse with a woman under circumstances such that the sexual intercourse is against her will, is without her consent, or is with her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

In the given scenario, B gave consent to A out of fear for the lives of her neighbors after A brandished a gun and threatened to kill them. Therefore, the sexual intercourse was not consensual as it was obtained by putting B in fear of death or hurt .

Hence, the most accurate application of the principle would be option D : It is rape as the sexual intercourse was against her will and the consent was given by the threat of killing her neighbors.