Friday, March 11th, 2016

Consensual Sex Can’t Be Rape- Bombay HC

Narada Desk | March 11, 2016 12:00 pm Print

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Declining to refuse pre-arrest bail to a man, the Bombay high court on Thursday ruled that, when an educated adult woman consents to “sexual” relations with a man, it cannot be termed rape.

“This can’t be rape. You are educated…a major. You have the right to say no. When you don’t say no it is considered as mutual consent,” said Justice Mridula Bhatkar to the complainant, a 24-year-old woman from Goregaon.

The judge was hearing an anticipatory bail plea by a 25-year-old man from Solapur whom the complainant had met in March 2015 and reportedly fell in love with. His application said he was in a relationship with her but after they split, she filed a complaint in October for charges including rape. His advocates said it was mutual consent.

The complainant’s reply, opposing the accused’s plea, said she was promised marriage and he had demanded sexual relations. Also, after she conceived in May 2015 he forced her to have an abortion and thereafter ended relations with her. She also said she had financially helped him but the accused had cheated her.

Justice Bhatkar, in her order said that, considering the age of the parties she was inclined to grant bail to the accused. He was directed to give a surety of Rs 25,000 and not to contact or harass the complainant or her family.

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