Presumption of absence of consent applies when sexual intercourse is proved and the woman testifies she did not consent. Section 114A establishes a mandatory presumption of absence of consent in specified rape prosecutions. Where sexual intercourse by the accused is proved, ... Summary
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Presumption of absence of consent applies when sexual intercourse is proved and the woman testifies she did not consent.
Section 114A establishes a mandatory presumption of absence of consent in specified rape prosecutions. Where sexual intercourse by the accused is proved, consent is in issue, and the woman states in court evidence that she did not consent, the court shall presume consent was absent. Sexual intercourse includes acts specified in clauses (a) to (d) of section 375 of the Penal Code.
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