Consensual sex not rape, says Bombay HC, gives bail to man

Mangalore Today News Network

Bombay, Mar 11, 2016: Educated women are in a position to say no in a relationship and it is not rape but mutual consent when she has sexual intercourse, observed the Bombay High Court Thursday and granted pre-arrest bail to a man accused of rape and cheating.

The 25-year-old man was accused of rape, cheating and criminal intimidation by his former 24-year-old partner. While the man hails from Solapur, the complainant is from Mumbai.

According to the complaint, they met in March last year and soon after, got into a physical relationship. The man, she alleged, had promised marriage and kept exploiting her sexually. Eventually, she claimed that she conceived but had to undergo an abortion in May after he forced her.

“Even then, he continued to sexually exploit her until he broke up with her,” argued Aniket Nikam, who appeared for the complainant.

Subsequently, the woman lodged a complaint with a local police station seeking punishment under sections 376 (rape), 420 (rape) and 506 (criminal intimidation).

The couple often stayed in hotels and the woman had even helped the man financially. She has alleged that when she refused his advances, he assaulted her.

However, Justice Mridula Bhatkar differentiated between rape and consensual sex.

There were social taboos, she said. But when looked at in the western context, this case is consensual.

“When you are educated, you have the right to say no. It is not rape, but mutual consent. I am of the view that bail should be granted in such matters,” stressed Bhatkar, while granting the relief to the man.

The man has been asked to furnish a surety of Rs 25,000 besides not harassing the complainant in any manner.

The court also imposed restrictions on the man’s movement, especially restraining him for coming in contact with the woman. The man’s lawyer, however, tried assuring that his client lives in Solapur and the woman is Mumbai.