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Consensual S*x During Live-in Is Not Rape. A Much-needed Decision By SC?

Published on 3 January, 2019 at 5:10 pm By

Rape, this 4 letter word, can destroy lives. No, I am not talking only about the victims or survivors. It can destroy the lives of those people on whom false rape allegations are filed. While there are criminals who engage in this heinous crime, there are also those who use it as a weapon to fulfill their personal vendetta. There have been instances where men were roped into false rape cases. Recently, one such incident took place where an FIR was lodged against a doctor in Maharashtra.


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A nurse working under him filed a complaint after the doctor broke their live-in relationship and married someone else. During the proceedings, the Apex Court gave the ruling that consensual sex during live-in is not raping if the man fails to marry the women. Later, they quashed the criminal proceedings against the doctor.

 

 

Though it should be the obvious situation, there is no doubt that this is a much-needed step. It is also a truth that many people have faced legal charges due to false acquisitions. Also, if there is non-consensual sex during live-in then that is rape.

It is disturbing that a person who was emotionally and physically intimate with someone can suddenly accuse them of such a grave crime. Coming back to the incident, the Judge’s bench said that there are circumstances in which a man might fail to marry a woman he had a live-in relationship with. However, if they indulge in consensual sex during that period then it cannot be considered rape. Here is an excerpt from the verdict:

“There may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused and not solely on account of the misconception created by accused, or where an accused, on account of circumstances which he could not have foreseen or which were beyond his control, was unable to marry her despite having every intention to do. Such cases must be treated differently….The accused has not made the promise [to marry] with the sole intention to seduce the prosecutrix [the complainant] to indulge in sexual acts, such an act would not amount to rape.”


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They further cleared that the situation has to be accepted in entirety to ensure that no injustice is done towards any of the parties. The bench of judges said:

“There is a clear distinction between rape and consensual sex . The court, in such cases, must very carefully examine the accused had actually wanted to marry the victim or had mala fide motives and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating or deception. There is also a distinction between mere breach of a promise and not fulfilling a false promise. If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape.”

 

 

Though few went against SC’s verdict, there were many who accepted it with total gusto. Their comments certainly show the same. Check them out!

 

 

 

 

 

 


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Is this decision by SC right or wrong? The debate is certainly rife! What is your take about the same? Why don’t you let us know in the comments below?

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