Consensual sex in live in not rape SC India News
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NEW DELHI: The Supreme Court on Monday mentioned in a protracted live-in relationship, consensual intercourse between a pair couldn’t be categorised as rape if the person didn’t hold his promise of marriage to the girl.
“Making a false promise to marry is wrong. Even a woman should not promise to marry and then break away. But that does not mean in a prolonged live-in relationship, sexual intercourse would be categorised as rape,” a bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian mentioned.
The case associated to 2 name centre workers who have been in a live-in relationship for 5 years. The man lastly married one other girl, resulting in the spurned lover slapping rape prices in opposition to him, accusing the person of indulging in sexual activity on the false promise of marriage. Appearing for the person, senior advocate Vibha Datta Makhija mentioned if consensual intercourse in a live-in may lead to rape prices, which results in arrest of the person, it might set a harmful precedent.
SC: Using ‘habitual’ for survivor impermissible
The grievance’s counsel Aditya Vashishth mentioned the person had exhibited to the world that they have been residing as husband and spouse and had married the girl in a temple however had wriggled out of the promise after assaulting her and extorting cash.
When Makhija mentioned there was a “habitual” side to the complainant and alleged that she had completed the identical to 2 different males, the bench mentioned utilizing the phrase “habitual” for rape survivors was impermissible beneath regulation. Makhija mentioned she was conscious of the sensitivity of the problem however termed the complainant’s allegations false.
The bench protected the person from arrest for eight weeks and requested him to seek out out from trial proceedings whether or not the prosecution was capable of produce proof to substantiate rape prices. “It is a good case for you to seek discharge from the trial court,” it mentioned whereas disposing of the person’s petition. In 2018, the SC in two judgments had held that if a lady was voluntarily in a live-in relationship, it might be robust to classify sexual activity as rape. It had additionally mentioned, “There’s a clear distinction between rape and consensual sex.”

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