Women misusing anti-rape laws against their male partners : Uttarakhand High Court

Dehradun (Uttarakhand) – The Supreme Court has already clarified that the consensual physical relations between the adults cannot be termed as ‘rape’ if one of the parties has refused to marry. Now a days, women are misusing the anti-rape law against their male partners, the Uttarakhand High Court observed, while hearing a case.

In the FIR lodged by the victim on 30th June 2020, she stated “the accused and I have been in a live-in relationship, since 2005. We loved each other and had decided to marry when we would get jobs but after getting the job, the accused married another woman. Even after the marriage of the accused, our relationship continued. Hence, accused lured me into marriage and sexually abused me”.

The High Court commented that the woman voluntarily had sexual relations with her partner even after knowing that he was married. It is clear that both of them had consented to this relationship. Therefore, consensual sexual relations cannot be called rape. The parties themselves must verify the authenticity of the promise of the marriage before going for such live in relationship. In the present case, it appears that the two have been in a relationship for the past 15 years. The relationship between the two continued even after the marriage of the accused. Therefore, earlier assurances cannot be considered at such a stage.