|  |  | 

India Top Headlines

Consensual sex in housing, not rape: SC | India News

img-responsive

NEW DELHI: The Supreme Court said Monday that in a long-term cohabitation relationship, consensual sex between a couple cannot be classified as rape if the man does not keep his promise to marry the woman.
“Making a false promise to get married is wrong. Even a woman shouldn’t promise to get married and then part ways. But that does not mean that in a long-term cohabitation relationship, sexual relations would be classified as rape, ”said a bench of Supreme Court Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian.
The case involved two call center employees who were in an internal relationship for five years. The man eventually married another woman, leading the rejected lover to accuse him of rape and accuse him of having sex with the false promise of marriage. Appearing on behalf of the man, lead defender Vibha Datta Makhija said that if consensual sex in a home could result in rape charges, leading to the man’s arrest, it would set a dangerous precedent.
SC: Using ‘usual’ for survivor is inadmissible.
The lawyer for the complaint, Aditya Vashishth, said the man had shown the world that they lived as husband and wife and that he had married the woman in a temple, but had escaped the promise after assaulting and extorting her.
When Makhija said that the complainant looked “usual” and claimed that she had done the same with two other men, the court said that the use of the word “usual” for rape survivors was not allowed by law. Makhija said he was aware of the sensitivity of the issue, but called the plaintiff’s allegations false.
The court protected the man from arrest for eight weeks and asked him to find out in court proceedings whether the prosecution could present evidence to support the rape charges. “It is a good case for me to request the release of the trial court,” he said while discarding the man’s request. In 2018, the SC in two judgments held that if a woman was voluntarily in a cohabitation relationship, it would be difficult to categorize sexual relations as rape. He had also said: “There is a clear distinction between rape and consensual sex.”

Reference page

consensual-sex-in-housing-not-rape-sc-india-news

ABOUT THE AUTHOR