‘Consensual sex is not rape if the relationship ends’: Karnataka High Court dismisses rape case against man accused of raping woman under pretext of marriage

Bengaluru, July 20: The Karnataka High Court has ruled that consensual sex in a relationship cannot be considered rape if the relationship ends, whether under the pretext of marriage or for any other reason. Justice M Nagaprasanna delivered the verdict on June 28 while hearing the petition of a man accused of rape and infidelity.

The case involved a man and a woman who had been in a physical relationship for six years since they met in 2012. In July 2018, the woman filed a complaint under the sections relating to rape and infidelity, claiming that the man had ignored her calls and was engaged to another woman. The man’s lawyer argued that their relationship was consensual and not based on a promise of marriage. Karnataka High Court quashes former lover’s rape case against a man, saying “five years of consensual sex could not have been against her will.”

The court found that the relationship was consensual in nature and therefore could not be classified as rape under Section 375 of the Penal Code. Karnataka High Court stays rape case against husband who lived with his wife for a day; Karnataka High Court calls wife’s complaint ‘abuse of law’.

The court observed, “…it is an admitted fact that the plaintiff and the appellant had a physical relationship for a period of six years. In the considered opinion of this court, such a relationship would not amount to rape within the meaning of Section 375 of the IPC, since the plaintiff herself is the case and the two were in love with each other and if they were in love, any act during that period of six years can only be described as consensual.”

Justice Nagaprasanna said, “Just because love fades with time does not mean that all consensual acts between the two can be termed rape.” The court also found that the rape allegation was baseless and dismissed the case.

(The above story first appeared on LatestLY on Jul 20, 2024 12:18 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com.)