If a relationship with consensual physical intimacy later ends, rape or sexual harassment charges cannot be filed

Supreme Court’s Ruling

New Delhi – The Supreme Court ruled that if a relationship involved consensual physical intimacy, and the relationship later ended, rape or sexual harassment charges cannot be filed against the man. Such cases cannot be treated as criminal offenses, the court stated in a ruling.

The complainant woman had alleged in 2019 that her boyfriend had raped her, promising marriage, and sexually exploited her. She claimed he forcibly had sexual intercourse with her and threatened to harm her family if she did not engage in sexual activity. A case was then filed based on these allegations. The accused man later filed a petition to have the charges dismissed. The case was presented in the Delhi High Court, where the petition was rejected. It was then taken to the Supreme Court.

The Supreme Court stated that “the woman’s allegations are baseless” and questioned her, asking, “If the man was raping or exploiting you, why did you continue to meet him?” Both parties were adults, and physical intimacy was established consensually. The Court found no indication that the relationship involved any commitment to marriage. Therefore, no charges of sexual exploitation or rape could be filed in this case, the Court concluded.