india indian-penal-code rape
could compelling someone to have sex with them with the threat of other harm be considered rape?
<p>IPC section 375 states this</p>
<blockquote>
<p>A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or<br>
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or<br>
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or<br>
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, <br>under the circumstances falling under any of the following seven descriptions-<br>(1)Against her will.<br>
(2) Without her consent.<br>
(3) With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.<br>
(4) With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.<br>
(5) With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome Substance, she is unable to understand the nature and consequences of that to which she gives consent.<br>
(6) With or without her consent, when she is under eighteen years of age.<br>
(7) When she is unable to communicate consent.</p>
</blockquote>
<p>furthermore section 90 of IPC states</p>
<blockquote>
<ol start="90">
<li>Consent known to be given under fear or misconception.—A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or Consent of insane person.—if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or Consent of child.—unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.</li>
</ol>
</blockquote>
<p>injury in IPC has been defined as</p>
<blockquote>
<p>The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.</p>
</blockquote>
<p>could compelling someone to perform sexual acts by threatening to evict someone be considered rape in India like in various other countries ? since it would fall under the definition of &quot;injury&quot; what about if it doesn't fall under this category ?</p>

<h2>It seems to be violating IPC §375</h2>
<p>Having sex is only the first half of the check. The other is the enumerated list 1-7 that describes pretty much circumstances of no consent. Among them are</p>
<blockquote>
<p>(1) Against her will.<br>
(2) Without her consent.<br>
(3) With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.</p>
</blockquote>
<p>There are two prongs here: You can argue that the consent wasn't properly given because it was given out of fear of coming injury (IPC §90), or it was given but for a fear of hurt coming from the eviction.</p>
<p>In either case, the description demanded can be fulfilled:</p>
<h3>no-consent theory</h3>
<p>Being homeless directly leads to physical harm of the body, destruction or loss of property and reputation, and as such is an injury as defined in the IPC. As such, the threat of eviction is a threat of injury. Consent isn't present if the reason for a person to comply with a demand is fear of such an injury. As such, there is no consent as required by IPC §375 (2), and so it is rape.</p>
<p>In the alternative, it is forced against the will, and thus violates IPC §375 (1).</p>
<h3>harm theory</h3>
<p>Being made homeless is directly harming any person in body and mind. Having obtained consent from a threat of harm to the person or close person, it is violating IPC §375 (3), and as a result is rape.</p>
