Consensual Sexual Intercourse Without An Element Of 'Misconception Of Fact' Not Rape: Kerala High Court Reiterates

In a Kerala High Court case, it was ruled that mistaken belief in consent due to intoxication doesn't negate rape charges. The court emphasized consent as a crucial factor, even if the accused believed it was consensual due to the victim's behavior. This verdict reinforces the importance of clear, unequivocal consent in sexual encounters, regardless of perceptions or misunderstandings.