Consensual Premarital Sex With Intention To Marry Isn’t Rape, Says Bombay HC


Nowadays relationships are ephemeral. Their lives are so short that one could get away from their partner in just a week. Or in some cases less than that. Nevertheless, such relationships sprung into ‘Love’ and then into a consensual sex. If it is proved to be a betrayal people either cause harm to themselves or the other one. And this gives rise to false rape cases. Consensual premarital sex is never a rape, deemed Bombay High Court recently.

consensual premarital sex

If two people have their consent for sexual activities then it should not be considered rape.

Majority of rape cases are proved false and such women and girls take this too far. They blackmail the guy and files case against them, terming consensual premarital sex as rape.

And such innocent folks could not do anything but to submit under lawful pressure.

Recently a case was lodged with the police where a girl accused her boyfriend of rape attempt. It happened because he broke up with her following some serious issues and fights.

However, the court granted pre-arrest bail to the guy.

When this case reached the court, they did justice to the accused. According to the Bombay High Court, a promise to marry cannot be considered an inducement in every rape case. They held that being intimate is inside the boundaries of a relationship. And if they are getting intimate, it is their own wish.

Justice Mridula Bhatkar believes that an adult, educated girl should be able to take responsibility for her decisions. And have the guts to bear the consequences as well.

“In the event of consent obtained by fraud, inducement is a necessary ingredient. There should be some material on record to believe prima facie that the girl was induced to such an extent that she was ready to have sexual intercourse. Promise to marry cannot be said to be an inducement in these types of cases,” said Justice Bhatkar.

She added that there have been a lot of cases in the past where women falsely blame a guy of rape. An end of a relationship does not mean that one has the right to accuse her partner in such filthy terms.

consensual premarital sexIt is private and should be kept as such. To protect the future and present of the boy beside that of a girl, the court has taken such a decision. It would help to protect the two from ruining their own lives.

“Since generations, there is a moral taboo that it is the responsibility of a woman to be a virgin at the time of marriage. However, today, the young generation is exposed to different interactions with each other and is well informed about sexual activities. Society is trying to be liberated but carries the baggage of different notions of morality wherein sex before marriage is a matter of censure. Under such circumstances, a woman who is in love with a boy forgets that to have sex is her option like her counterpart’s but refuses to take responsibility for her decision,” she further said. 

If an educated girl is having consensual premarital sex with a guy, it is her own decision. Take your time and don’t rush into things.

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