HC rules consensual sex not rape after breakup

Bengaluru, NT Bureau: The Karnataka High Court has ruled that consensual sex in a relationship cannot be classified as rape if the relationship ends, even if it was initially based on promises of marriage or other commitments.

On June 28, Justice M. Nagaprasanna delivered the verdict while reviewing a case where a man faced accusations of rape and cheating.

The court emphasised that a change in feelings or the end of a relationship does not retroactively alter the consensual nature of past sexual acts. In this case, the man and the complainant, who began their relationship in 2012 after meeting at his shop, developed a physical relationship.

The complainant filed a case in July 2018, alleging rape and cheating after discovering that the man had become engaged to another woman and was avoiding her calls.

The accused's lawyer argued that the complainant's visit to the shop in April 2018, where he revealed his engagement and lack of interest, was a clear signal of the relationship’s end.

The defence contended that the rape allegations were an attempt to extort Rs 10 lakh and that there was no promise of marriage, only a consensual relationship.

The court noted that the couple had been involved in a consensual relationship for six years. Given that the complainant herself described their relationship as one of love, the court determined that the acts during this period could not be deemed rape under Section 375 of the Indian Penal Code.

The court concluded that the rape charges were improperly applied and subsequently quashed the case.