Delhi High Court: Having Sex over a Long Period of Time on Promise of Marriage Is Not a Rape

The Delhi High Court has said that sex on the promise of marriage is not a rape if the woman continues to have sex with her consent for a long time. On the hearing of a rape case filed by a woman who had on and off sex for a long time with her male partner, the high court said, sex on the promise of marriage doesn’t constitute rape if it happens with the consent over a long period of time.

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According to the Times of India, Delhi high court stated that a sexual relationship could be rape if the victim falls prey to it momentarily. Such as if one party has sex with another on the promise of marriage momentarily even if another party doesn’t want it, or one party licitly take consent from the partner even if the partner hesitates or doesn’t want to have sex. But when there is a long time sexual relationship on the promise of marriage with the consent of both the partners, this can’t be regarded as involuntary thereby doesn’t constitute a rape case.

The high court upheld the order of the trial court which also acquitted the man who was charged with rape. The woman who filed the case accused that the man cheated her and established the sexual relationship on the promise of marriage. On this, the High Court said that it is very clear that the woman made a physical relationship with the person at her own will because the woman really loved the person.

The High Court further stated that the woman had stated in her complaint that she had a physical relationship with the accused and after three-four months the man had promised marriage. Thus, this can’t be regarded as involuntary sex.

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