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

The Logical Indian Maharashtra

January 24th, 2017 / 5:13 PM

Source: newindianexpress | Image Courtesy: elestimulolocalpress

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”.


Contributors

Edited by :

Share your thoughts..

Related Stories

Madhya Pradesh: Woman Sentenced To Three Years In Jail For Falsely Accusing A Man Of Rape

Marital Rape

Marital Rape Is A Disgraceful Offence That Has Scarred The Trust & Confidence In The Institution Of Marriage: Gujarat HC

In A Landmark Judgment, Supreme Court Says Intercourse With Wife Younger Than 18 Years Is Rape

Easy Virtue

Bombay HC Rejects Bail To Convict Who Raped A Minor, Citing That Even A Woman With ‘Easy Virtue’ Has The Right To Say No

Marital Rape

“Marital Rape Laws Will Be Misused By Women” Is A Flawed Argument; Here’s How The Accused Can Be Punished

Marital Rape

India Shouldn’t Follow Western Countries Blindly & Criminalise Marital Rape: Centre To Delhi HC

Latest on The Logical Indian

News

Hapur Lynching Survivor Waits For Police To Record Statement, Says Can Identify Accused

Exclusive

An Online Memorial That Honours Those Who Once Wore The Indian Military Uniform

My Story

My Story: I Was Sexually Harassed On A Train & People Said It Happened Because I Was Travelling Alone

Fact Check

Fact Check: No, Uttarakhand Govt Won’t Charge For Helicopter Rides During Rescue Missions

News

Irony: Centre Might Amend Right To Information Act Without Prior Information

News

Bombay HC: Elderly Parents If Ill-Treated Can Take Back Gifted Property From Son

x

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.