Kerala High Court: Consensual Sex Without Misunderstanding Is Not Rape
The Kerala High Court has made it clear that consensual sexual intercourse is not rape if there is no element of misunderstanding or false promises involved. The Court recently dismissed criminal charges against a man accused of rape after finding that the sexual relationship was voluntary.
In this case, the woman claimed that the accused, a tempo van driver, raped her several times between 2005 and 2016. She said they met during a family trip to Kodaikanal in 2005, and later had sexual relations. However, she only filed a police complaint in 2017, 13 years after their first alleged encounter.
Justice A. Badharudeen observed that no complaint was filed for many years and that the sexual relationship seemed to be consensual. There was no proof that the woman was misled or that the man made false promises to get her consent.
The complainant also accused the man of taking photos of her and violating her privacy. Based on her claims, charges were filed under Sections 376 (rape), 342 (wrongful confinement), and 66E (violation of privacy) of Indian law.
However, the man’s lawyer argued that the two had a consensual relationship. There was no evidence showing that she was forced or tricked.
The Court also referred to a 2023 Supreme Court judgment (Naim Ahmed v. State, NCT of Delhi) which stated that not every broken promise to marry can be treated as rape. If someone makes a promise to marry without ever intending to do so, then such false promises can make consent invalid under Section 90 of the IPC.
But in this case, the Kerala High Court said there was no sign that the woman’s consent was based on a false promise. Her relationship with the accused seemed voluntary. Since there was no “misconception of fact,” the Court ruled that it was not rape.
Therefore, the Court decided to cancel all legal proceedings against the accused.
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