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RAPE?

ATTENTION PLEASE!!!!!
KUENSEL issue dated NOV 20, 2014
"According to the verdict, the girl and the accused were meeting over the phone for two years but met in person in July this year.
The girl told the accused, his parents and even gewog officials that she was born in 1996 and was already 18 years. On investigation, it was found that the girl was only 16 years old.
The verdict stated that they couldn’t consider or minimise the sentence, even if it was consensual sex, as the law clearly says that a defendant shall be guilty of the offense of rape of a child above the age of 12 years, if the defendant commits any act of sexual intercourse with a child between the ages of 12 and 18.
The man was charged for rape of a minor, in contravention of section 184 of the Penal Code of Bhutan, and was given nine years imprisonment." The man in the above lines was sent to nine years imprisonment as per the law.
now the question arises;
can it be really called a RAPE? if not where lies the GAP? doesn't it seem like the people being controlled by the acts and bills passed decades ago? is there a need for investigation when girl commits that there is no need for the punishment as she was already 18 yrs.? should the law protect/respect people or people protectrespect law? law is made for peop;e or people were made for law?
AM TOTALLY CONFUSED WITH ALL THESE STATEMENTS AND THE RISING RAPE CASE? I THINK WE NEED TO REVISE THE DEFINITION OF RAPE.......
Rape is a type of sexual assault usually involving sexual intercourse (or other forms of sexual penetration) initiated against one or more individuals without the consent of those individuals. The act may be carried out by physical force, coercion, abuse of authority or against a person who is incapable of valid consent, such as one who is unconscious, incapacitated, or below the legal age of consent. The term rape is sometimes used interchangeably with the term sexual assault NOT A CONSENSUAL ACT.

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