Consensual sex cannot be treated as rape: Kerala HC

KOCHI: The Kerala High court has stated that sexual relationship with mutual consent cannot be categorised as rape. In this case, a rape offence can be filed only if the person was sexually assaulted by giving false promise of marriage. The court observed that refusing to marry after consensual sex cannot be treated as rape.

The court's reference was in the plea to withdraw the case against a man from Punalur, Kollam on charges of rape by promising marriage. The complainant who is married met the man through Facebook and they decided to get married. The complainant was living apart from her husband without getting divorced. A complaint was lodged with the Punalur police stating that she had physical relationship with the man but later he refused to marry her. The High Court single bench had granted bail in a similar case last June.