Mumbai HC Says Consensual Sex Without Commitment Is Also A Rape Crime!

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People fall in love and when you’re in love, sex is not seen as a big deal between them as they both tend to give a commitment of sorts to one another.

They may grow out of the relationship or walk out due to several other reasons. But is that a crime? People tend to say that they wanted to build a home with a other person but he or she turned out to be dishonest and never 100% committed to them. In such cases, if sex is involved, is that a crime?

In first case, people wanted to give commitment to each other and if sex happens between them that is not a crime. In second case too, for many days, people felt it is not a crime – unless rape, sexual abuse and harassment are involved.

But Mumbai High Court said that if there is no intent to give commitment in a relationship, then even if the sex is consensual, it is a rape-crime.

A girl filed a case on her ex-lover saying that he cheated her in their relationship. The boy replied that their sex was consensual and he never forced himself on her.

The girl countered argued by saying that she loved him truly, but he only spoke with an intention to have sex with her while he never intended to commit to her 100%. She said that he made her believe his words and that is cheating.

Mumbai HC agreed with her argument and said that the boy started giving false promises to the girl only when she resisted his sexual advances with an intention to “win” her rather than marry her.

Even though in this case sex is consensual, as the boy tried to mentally manipulate her to believe in him, it is equal to rape, said Mumbai HC.




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