SEX IN FALSE PROMISE OF MARRIAGE IS ALWAYS NOT RAPE

A Kerala High Court bench of

ruled in April that sex on the promise to marry is rape only if it infringes the woman's decisional autonomy. The HC overruled a lower court's prison term for a man accused of rape on the false promise of marriage. The court decided that rape on the false promise of marriage could not be assumed simply so because the accused had a sexual relationship with the complainant and then married another woman. This should be noted that the statutory provisions of sexual assault as defined inside the Indian Penal Code really aren't gender neutral. A woman who already has obtained the consent of a man on the false promise of getting married and having sexual relations with him cannot be punished for rape. A man on the false promise of marrying a woman and having sexual relations with the woman, on the other hand, would result in a rape case being filed by the prosecution. As a result, the law creates the false assumption that the man is always in a position to dominate the will of the woman. Consent must thus be understood in relation to the dominant and subordinate connection in a sexual act.

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