Consensual sex with mentally challenged woman is rape: Court

Court awards 10 years of imprisonment to a man who claimed that he got intimate with a mentally challenged woman with her agreement

Digital Desk: Noting that the sexual consent of a woman with intellectual disabilities was deemed inconsequential, the Sessions Court handed down a 10-year prison term to a 24-year-old man for impregnating her. 

The accused contended that he and the 23-year-old woman, whose mental age was assessed as that of a six- to nine-year-old, were in a consensual relationship. He expressed a desire to marry her but faced opposition from her Hindu parents due to his Muslim faith, asserting that the woman was of sound mind.

The accused and the survivor were found to be the biological parents of the aborted foetus, reported TOI. The prosecution had argued that the woman's mental age was that of a 9-year-old girl and that she suffered from mild mental retardation.

"The accused has committed rape by taking advantage of the helplessness of the survivor. A person suffering from a mental disorder or mental illness deserves special care, love, and affection. They are not to be exploited," Judge DG Dhoble said, as quoted by the Times Now.

Based on the defence lawyer's cross-examination of the survivor, the judge noted that she confirmed knowing the accused and having a consensual relationship with him. According to the Times Now report, she also revealed that she wanted to marry him but her parents refused due to religious differences. 

The survivor also stated that she did not inform the accused of her pregnancy and did not give his name to the authorities at first. The survivor stated that she had no complaint against the accused but was pressured by her parents to register a FIR.

Based on the survivor's testimony, the accused claimed that the relationship was consensual. Nevertheless, the judge dismissed this defence, stating that the prosecution had demonstrated the survivor's mild mental retardation. The judge emphasised that a mentally challenged individual lacks the capacity to give consent, as it necessitates understanding the implications of such consent.