Rape Allegations After Consensual Sex: The Karnataka High Court dismissed two criminal cases that a lady had filed against a man from Bengaluru, stating that they had broken their six-year engagement vows. The court saw this as a textbook case of legal system abuse. Not one, two, three, four, or five years, but six years of a consensual physical/sexual relationship after meeting on a social networking site. The court noted that this information is even provided in the complaint.
Another complaint claims that beginning in December 2019, the two stopped being intimate. The court ruled that the intimacy waning after six years of consenting sexual activity cannot imply that it would include rape-like elements. ‘Consensual Sex For Five Years Can’t be Against Her Will,’ the Karnataka High Court rules, dismissing the rape charges brought against the man by his former lover.
Rape Allegations After Consensual Sex: Woman Cannot Allege Sexual Assault After Being in Physical Relationship Willingly for Six Years
Justice M. Nagaprasanna quashed the FIRS proceedings that had been filed against the petitioner in 2021 by the women’s police station in Davanagere and the Indiranagar police in Bengaluru, stating that “They were consensual acts from Day 1 and remained so until December 27, 2019.” The court ruled that because the sexual relationship lasted six years, it is inferred that it was not rape and therefore was not a crime under section 376 of the IPC.
The court stated that if additional procedures were allowed to proceed, it would go against several rulings the Supreme Court has made on the matter, citing the Supreme Court’s ruling in the Pramod Suryabhan Pawar v. State of Maharashtra case as well as a few other rulings. Orissa High Court: If Victim Gave Consent, Sexual Act Cannot Be Termed Rape; Man Acquitted in Sexual Assault Case; High Court on Consensual Sex With Minor.
In 2013, the petitioner added the complainant as a friend on Facebook. She claimed that because he lived nearby, he frequently invited her to his house under the illusion that he was a fantastic cook. Every time she visited him, he would make her a delicious supper, and they would have sex after a beer. The petitioner breached his pledge to marry her after having a sexual relationship with her for about six years under the promise of marriage.
