Anonymous
in Criminal Law
Asked July 22, 2017

Pre-marital rape as Rape

  • 3 Answers
  • 829 Views

Does pre marital sex amount to rape if the girl was in a relationship with you for 1.5 years ? And claims that sexual consent was given on promise of marriage. What are the legal prospects of the same?

Answers 3

Sir,

This is True. Pre Marital Sex is similar to rape if the girl was in a relationship with you for 1.5 years or more.

But on weeker end.

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Agree Comment 0 Agrees about 4 years ago

Referring to pre-marital sex as rape has been a contentious issue across the country. Section 375 of the Indian Penal Code provides that consensual sex is not rape but based on facts and circumstances, Courts have been compelled to charge individuals with rape when parties had sexual relationship on the promise of marriage while in some cases the Courts have held otherwise also. http://timesofindia.indiatimes.com/india/Pre-marital-sex-not-shocking-every-breach-of-promise-to-marry-is-not-rape-Bombay-HC/articleshow/45663907.cms. Some courts have been identified that in the times of live-in relationships, all sexual relationship with a remote possibility of marriage may not be considered as rape. It is imperative for the parties to keep evidence to show that their conduct was influenced on the ground that the parties would get married in the future. 

Agree Comment 0 Agrees about 4 years ago

Definitely it will be a charge of rape but breach of promise to marry not always amount to rape 

Case will not survive against you

Agree Comment 0 Agrees about 4 years ago

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