TW: RAPE/CSA

Since there seems to be a lot of confusion about the definition of rape by top brass officials <insert head desk gif>, here's a thread clarifying some of the confusion.

Can a child consent to sex (in India)?

NO.

Consent is not a defence.

What about women above 18?

Any sexual intercourse without consent is rape.

Irrespective, in gang rape cases the court will presume no consent.

Is ejaculation essential for it to be rape?

NO.

What about presence of semen?

No.

How much penetration amounts as rape?

Even slightest penetration: Tip of penis, or finger or any object.

Should there be proof of broken hymen?

No.

Hymen can be intact because even slightest penetration (without consent for adults) amounts to rape.

Can I clean a child's/woman's ears with earbud cause that is also penetration?
[I swear to god that was a legit question asked by a professor in a national law university]
Yes you can.
The def says:
Penis in vagina,anus,urethra, mouth.
Finger/Object in vagina, anus, urethra.

I cannot believe I felt the need to do this thread.

Did I miss anything?

While I am at it, might as well plug this article which @thenewsminute kindly published two years ago where I tried to convince people that our criminal justice system is not equipped to handle gender based violence and needs complete reform https://www.thenewsminute.com/article/india-s-justice-system-hardly-cares-about-what-victim-wants-and-must-change-79736