How is Consensual Sex converted to Rape?
Many Indians accept that rape laws should not be used to manage personal relations, particularly in situations where women have agency and are entering into a relationship by choice and consent. Many in the judiciary, too, seem to share this opinion and, that to some extent, explains why the conviction rate in such cases is very low and most cases lead to acquittal. However, something strange is happening here. Pre-marital sex is on the ascent. And yet, so are the number of women claiming rape on false promises of marriage / Rape on the pretext of marriage. As per the National Crime Records Bureau, an aggregate of 38,947 rape cases were accounted for in India in 2016. In 10,068 cases — about a quarter — the women claimed it was rape on the false guarantee of marriage /Rape on pretext of marriage.
Rape on pretext of marriage: Marriage in its due time has changed its course and now is being seen just as something regular which needs to be done or should be done as the time is passing the sacred ritual of marriage is changing and is taking a dive in the world where the institution of marriage is evolving and losing its original charm. Rape on pretext of marriage is now becoming a regular practice which needs to be changed or rather closed off otherwise the beautiful knot that the marriage is it will never be the same.
At the point when a relationship ends, women who have had consensual sex make dishonest complaints of rape under guarantee of marriage out of vindictiveness, to hurt the man. Or on the other hand they do it to coerce money out of him, promising to pull back the charge in the event that he gives them what they need.
As a rule, false rape allegations are just the after effect of parents concealing the “disgrace” of an unmarried girl having intercourse. As per a research by the Hindu paper in 2015, at that point, it found that when parents find their unmarried daughters are in a sexual relationship, their fear for the potential shame which might arise from the community leads them to make false rape allegations, having first tormented their children into submission on their part. Which often leads them on false ground of Rape on pretext of marriage.
By their logic, saying a daughter has been raped / Rape on pretext of marriage is preferable to people thinking she is sexually active. The research stumbled upon this finding after discerning a pattern in the charge sheets examined in Mumbai. Time and again, it was the same story: the victim had been picked up in a moving car, given a drink laced with sedatives to render her unconscious, and raped. The recurrence of the sedative-laced drink seemed striking. Then the penny dropped. “This allegation is important because it is necessary to show that consent was not given, to protect the girl’s reputation,” said the report.
Men’s rights groups and a few attorneys accept these false claims of rape by women who have been in consensual relationships trivialise the seriousness of rape. Even more troubling is that the notion of sex constituting rape if a man “reneges” on a promise of marriage is not in the penal code. The only relief for the men who have been dragged into these silly and fake matters is that, many of such cases are thrown out of the court. The SC in one of its ruling, for example, related to a nurse at a government hospital in Maharashtra. She was a widow who fell in love with a doctor and moved in with him. After living together for some years, he left her and married someone else. The judges said that having lived with the man for some years, the nurse could not allege rape. They pointed out that it was possible the doctor, on account of circumstances he could not have foreseen or could not control, was not able or willing to marry her. Whatever the reason, it was not rape. The doctor was acquitted.
It is of utmost importance to understand the fact that, national and state data and statistics, both indicate that women and their respective families continue to report such crimes under Section 375 of IPC (Rape: Proposed Section 63 of The Bharariya Nyaya Sanhita, 2023), Section 376 (Punishment for Rape: Proposed Section 64 of The Bharariya Nyaya Sanhita, 2023) and Section 417 ( Cheating) – a triangle of provisions that legally cannot support a woman who feels cheated after going through this agony, perhaps more on the account of a false promised marriage. Such cases are often considered, false rape cases and dismissed in the courts of law. In fact, in 2017, Justice Pratibha Rani stated: “Women use the law as a weapon for vengeance and personal vendetta. They tend to convert such consensual acts as an incident of rape may be out of anger and frustration thereby defeating the very purpose of the provision. This requires a clear demarcation between the rape and consensual sex especially in the case where complaint is that consent was given on promise to marry.”
So it is also the case that consensual sex for Rape on pretext of marriage if more often than not being converted into false rape cases on certain accounts.
You may contact me for your specific case like Rape on the pretext of marriage etc by visiting Contact Us
1 Comment
Technical Rape.