If sexual intercourse is based on cheating or blackmail, it will be considered ‘rape’ ! : Madras High Court

Chennai – Merely because a man and a woman were in love or shared an intimate relationship, it cannot be concluded that every act of sexual intercourse between them was consensual. If, in such cases, the woman’s consent was obtained through cheating, blackmail, threats or false promises, such consent will not be considered legally valid. In a recent judgment, the Madras High Court clarified that the facts of each case must be examined independently and that relief cannot be granted to the accused merely on the basis of the nature of the relationship.

The Court also clarified that every failed love affair or a subsequent failure to marry does not automatically amount to rape. It is necessary to determine whether the accused had a deceitful intention from the very beginning.

What is the case ?

In a town in Tamil Nadu, the accused, Suji alias Kasi, contacted a young woman through Facebook. He then gained her trust by luring her with promises of a job and marriage. During their very first meeting, the accused sexually assaulted the victim despite her resistance. Later, he apologised, again promised her a job and marriage, and persuaded her to meet him again. Thereafter, he repeatedly sexually assaulted her. Finally, one day, he distanced himself from the victim, claiming that his family had refused to approve the marriage.

In this case, the trial court had convicted the accused of rape on the basis of the facts and sentenced him accordingly. The accused appealed against the conviction before the High Court.