CONSENSUAL SEX OF LIVE-IN PARTNERS CANNOT BE CONSIDERED AS RAPE: SUPREME COURT
The Supreme Court has passed an order where it says that consensual sex between live-in partners cannot be held as a rape charge if the relationship ends and the man fails to marry the woman due to problems beyond his control.
A bench of justices AK Sikri and S Abdul Nazeer said that if live-in partners are having consensual sex out of love under the promise of getting married, then the woman cannot file a case of rape if the
Cases like those come under the case of breach of promise to marry and not under the case of false promise to marry. “There is a clear distinction between rape and consensual sex. The case should carefully be examined whether the accused actually wanted to marry the woman or was it a false promise to satisfy his lust”, said SC bench.
The bench passed this order after receiving a criminal proceeding against a government doctor in Maharashtra. A nurse of the same hospital filed a complaint against this doctor where she mentioned that she and that doctor were in a live-in relationship after falling in love with him. They even have indulged in a physical relationship under the promise of getting married but the doctor married someone else.