Bombay High Court: Educated Women Cannot Accuse Partner Of Rape After Consensual Sex

In a historic judgement granting pre-arrest bail to a 21-year-old youth, the Bombay High Court gave out a verdict that a promise to marry cannot be considered an inducement to rape. The Court said that an educated girl, who has given her consent to pre-marital sex, has to take responsibility for her decision.

The girlfriend of the youth had accused him of rape following their break-up. She alleged that her boyfriend had convinced her of having pre-marital sex with him, by promising to marry her.

The judgement was delivered by Justice Mridula Bhatkar, who said, “In the case of consent got by fraud, inducement is a key element. There should be some substantial evidence on record proving that the girl was induced to such an extent that she was ready to get intimate. In such type of cases, promise to marry cannot be considered as an inducement.”

The court also discussed the growing tendency of criminal prosecutions for rape that is being initiated these days after the end of a relationship. It said that there should be an objective view on the matter.

The judge further noted that society and societal interactions continue to carry “the baggage of morality”, with pre-marital sex being a “matter of censure”. “Under such circumstances, a woman who is in love with a boy forgets that to have sex is her option like her counterpart’s but refuses to take responsibility for her decision,” Bhatkar said.

The bench, however, observed that the case would perhaps hold weight if the man made false promise to marry a woman who was uneducated and if he impersonated another individual hiding crucial facts from her.

The Logical Indian feels this is a move in the right direction, deterring women from making false allegations against their ex-partners even after consensual sex. This being said, the Bombay High Court did not define who they consider an “educated woman”.