Consensual sex in live-in not rape: Supreme Court
NEW DELHI: The Supreme Court on Monday said in a prolonged live-in relationship, consensual sex between a couple could not be categorised as rape if the man failed to keep his promise of marriage to the woman.
“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 Rsubrnian said.
首席大法官 S A Bobde 和法官A S Bopanna、 V Rsubrnian表示：“假意承诺结婚是不对的。即使是女方，也不应在承诺结婚后又分手。但这并不意味着在长期的同居关系中，发生性行为就会被归类为强奸。”
The case related to two call centre employees who were in a live-in relationship for five years. The man finally married another woman, leading to the spurned lover slap rape charges ag inst him, accusing the man of indulging in sexual intercourse on the false promise of marriage. Appearing for the man, senior advocate Vibha Datta Makhija said if consensual sex in a live-in could result in rape charges, which leads to arrest of the man, it would set a dangerous precedent.
该案件涉及两名呼叫中心员工，他们已经同居五年。这名男子最终娶了另一名女子，被抛弃的女子对他提出了强奸指控，指控这名男子为了与她发生性行为而假意承诺结婚。这名男子的代理律师资深律师Vibha Datta Makhija在庭上说，如果在同居期间双方自愿发生性行为招致强奸指控，从而导致男方被逮捕，那么将开创一个危险的先例。
In 2018, the SC in two judgments had held that if a woman was voluntarily in a live-in relationship, it would be tough to categorise sexual intercourse as rape. It had also said, “There’s a clear distinction between rape and consensual sex.”
Atlast SC is Becoming Gender Neutral & Pro-Justice From Earlier Pro-Women Biasedness & Injustice (for Vested Case-Hungriness)
Shiv C K Vaid
This is a good judgement. Mature adults should not indulge in acts with out understanding consequences.
it's the moment both enjoyed.. instead of regret and revenge, just keep it as good memory and move on if you can't live together. it's better to realize now than having kids after marriage
Also there should be a punishment for the girl for wrong alligation. That would have set an example for those who doesnt think twice before framing false rape charges
Our sincere thanks to the honorable Justices. Those who plan to co-habit will certainly be alerted.
EXCELLENT SLAP ON FEMINISTS.
Awsome judgement.. tight slap to the so called fake feminism..
Most often it is women who breaks promise of marriage to her lover because now her father is marrying her to a doctor.
When is India going to seriously address and tackle the issue of false accusations of rape, false accusations of sexual harassment, and false accusations of assault or false accusations of dowry harassment by many bad natured women in India ?
Rape should be forcefull sextual action without the consent of the other person
Well, public understood this logic 2 decades back. But for judicial sy em, it took 2 decades. Don't know how many have suffered because of this, all these years.
good news for man,bad news for blackmailers,,,,
Finally, justice prevails
When the hormones kick in, common sense goes out of the window!
Good decision , men are not puppets. Females should take decisions carefully. Live in itself mean no marriage. Men too should be clear on this. Don't make false promises
Is the girl who slapped rape charges punished for perjury?
Supreme court is .... So far as sex is concerned its fine... Marriage cannot be pretext...
Fault lies on both sides. Some men use women for sex using very pursuasive arguments and then renege on marriage promise after a while. On the other hand some women would hope that the guy would marry and then use rape as a threat to get the guy to marry her!