24th August 08:02 AM
Why India sees sex on false promise of marriage as rape
By Naveel Krishant
Saturday 20/04/2019

If a man goes back on his promise to marry a woman, can sex between consenting adults then be considered rape?

The Indian Supreme Court recently answered this question with a "yes".

The Indian Supreme Court has upheld a trial court order convicting a doctor of rape in the central state of Chhattisgarh because he had a consensual sexual relationship with a woman after he had promised to marry her, but then went back on his word and married someone else.

The Judges said the woman gave her consent because she believed that the doctor intended to marry her, therefore, it could not be regarded as consent.

The judges said that the accused had a "clear intention" not to marry her, adding that "sexual intercourse under total misconception cannot be treated as consent".

However they have reduced  10‑year prison term awarded by the trial court to seven, the judges said that he "must face the consequences of the crime committed by him"

[Source: BBC]

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