• Sexual harassment

The matter is that I m a central government servant and married with two children. I met a lady on facebook. she is living separately but not yet divorced. we became friends and after some time we got into a relation. she know from beginning that I m married. we got physical. that was mutual. but now she is blackmailing me that either marry her or she will accused me with rape. she also threatening me that she will suicide and leave a not mentioning my name. she is after my job that I will take your job at any cost. she is threatening me constantly. I m very much disturbed. plz tell is there any rape? how will I save my job and myself??
Asked 1 month ago in Family Law from Delhi, Delhi
Religion: Hindu

Di you have any saved messages, call recordings wherein it was mentioned to the lady that you are already married 

 

2) if lady files case of rape take the defence that it was consensual sex 

 

3) she was aware you are already married 

 

4) you had not promised her marriage 

 

5) apply for and obtain Anticipatory bail from sessions court if FIR is filed against you 

 

6) record her threats . File police complaint against her constant threats to commit suicide 

Ajay Sethi
Advocate, Mumbai
66945 Answers
4041 Consultations

5.0 on 5.0

If FIR is filed against you and you are in jail for more than 48 hours you may be suspended 

 

you would lose your job if convicted 

Ajay Sethi
Advocate, Mumbai
66945 Answers
4041 Consultations

5.0 on 5.0

- Consensual sex can not amount to be rape. 

-If you have enough evidence in hand i.e whatsapp message, call recording etc. you can file a complaint against her of blackmailing. 

- Before she proceeds for any legal action against you, advisable that you should go ahead and do it. 

- If needed, feel free to connect. Details are already at Justdial.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
508 Answers
3 Consultations

5.0 on 5.0

File a police complaint against the women for intimidation and threat and further mention in the complaint that you both had consensual relationship and now she is threatening you provide proof of intimidation to police. 

Shubham Jhajharia
Advocate, Ahmedabad
19332 Answers
75 Consultations

5.0 on 5.0

See you will not loose you job, file complaint against her with the proof.

Shubham Jhajharia
Advocate, Ahmedabad
19332 Answers
75 Consultations

5.0 on 5.0

Dear Client, 

As per facts, you have to lodge an FIR against her with all the facts.

 

You may call me through KAANOON for more detail.

Mukesh Kumar
Advocate, Jaipur
87 Answers

Not rated

Dear Sir,

These types of allegation are very common now a days. 

She can File a criminal case against you , and it will be a matter of investigation whether you have committed it or not. It will be safer on your part to firstly intimate the police by lodging a complaint against her that she is threatening you and trying to trap you in a false criminal case. That will be safer on your part.

as explained you were in a relationship with a girl for almost two years and did not promise to marry her but now she is threatening you to file and case against you on the basis of photographs available with her. Yes she can file a case on the basis that you had physical relationships.

 But in the Indian legal system there are conflicting views on this issue wherein some Courts consider that a girl being a major and mature enough to understand the consequences of her action cannot claim rape. Simultaneously there are other Courts which are inclined to invoke section 375(4) of Indian Penal Code in accordance to which, a man is guilty of commission of rape on a woman if he has knowledge that he is not her husband, but she gave her consent because she believed that he was another man to whom she is or believed herself to be legally wedded. The courts have to believe that the victim did not give her consent if she deposes so. India’s stringent rape laws bind the courts under Section 114A of the Indian Evidence Act to presume that the victim has not given her consent if she deposes that she did not give consent and Section 90 of IPC constitutes consent obtained under a misconception of fact to be invalid. 

Netravathi Kalaskar
Advocate, Bengaluru
3107 Answers
14 Consultations

5.0 on 5.0

you should immediately file a complaint to the local police station about the threats given to u by her and the apprehension that she may file a complaint against u and involve u in false case. 
Also get the complaint drafted by a good lawyer or else u might land up behind bars as per the prevailing laws of the land.

Mohammed Mujeeb
Advocate, Hyderabad
10238 Answers
3 Consultations

4.5 on 5.0

Yes she can file A complaint against you for committing rape. 

You have her messages and conversations recording on the basis of that you can move a complaint against her and police will register a case under section 384.506 ipc against her for extortion. 

You can do another thing that have some messages from her for demand of money presurizing you

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Consensual sex between adults without the promise to marry does not amount to rape.

The girl is blackmailing you and you should not fall for it. Rather, you can file a complaint to the police against her for the offence of criminal intimidation under section 503 of the Indian Penal Code along with all the documentary evidence in your possession.

They might be complications in your job once FIR has been lodged against you by the girl. Act fast.

Siddharth Jain
Advocate, New Delhi
4773 Answers
52 Consultations

5.0 on 5.0

You would not lose your job until and unless you are convicted by the court but chances are that it would create a lot of issues in your professional life if any FIR for rape has been lodged against you as it is a very serious offence. Don't let it go to that stage. Try to procure as much documentary evidence as you can to prove that the physical relationship between you and the woman was consensual with no promise to marry in the form of travel receipts, hotel bookings, photo, video etc.

Siddharth Jain
Advocate, New Delhi
4773 Answers
52 Consultations

5.0 on 5.0

No case of rape made out. Without divorce she cannot marry you or marriage shall be void and she was in relation with you knowing you are married and she too. So, rape on pretext of marriage dose not made out. ,

Yogendra Singh Rajawat
Advocate, Jaipur
13207 Answers
17 Consultations

4.6 on 5.0

though your relationship with the lady was a bilateral agreement, yet, if she makes any complaint in the police you will found yourself in grave crisis,

you may be charged with rape on the false promise of marriage, sexual harassment, beatings, threats, blackmail, extortion, etc

try to settle the matter amicably by convincing her about your married life which I think is almost tough but not IMPOSSIBLE,

alternatively,

you can make a police complaint against her, taking your family especially wife in trust, for blackmailing, extortion of money, mental harassment, etc. 

Suneel Moudgil
Advocate, Panipat
1142 Answers
1 Consultation

4.3 on 5.0

Dear Sir, 

If you have ample evidence that she became physical with you with mutual consent and it happened many times it would not be wrong to say you can get acquittal. 

There can be some research work be done of apex Court judgments on similar issues to that. 

Anand Shukla
Advocate, Delhi
472 Answers
12 Consultations

4.9 on 5.0

Living with any lady with her consent are having sexual intercourse with her consent is not punishable and this cannot be covered under the definition of rate so in KC is blackmailing you please simply say no to any offer demand and tell her to go to the police are called whatever you want you are a married man you have to take care of your family first instead of getting blackmailed and having this kind of relationship I think you need to avoid this and be firm in your decision to say no

Vimlesh Prasad Mishra
Advocate, Lucknow
5507 Answers
18 Consultations

4.9 on 5.0

Dear sir, 

The first thing you can do is to file a police complaint against her stating that she will be held liable for criminal intimidation and other relevant provisions under section 504, 506 and section 507 of the IPC, and if you have proof that she is asking for some property out of you then section 383 of IPC (extortion) can also be included. My suggestion for you is to go with an Advocate as well drafted complaint can be registered. 

This will be subject to the proof you have with you. so, we have to manage accordingly. 

Hopes that solves your query. You can contact me for consultation. if any. 

Regards, 

YUGANSHU SHARMA

ADVOCATE 

DELHI HIGH COURT

Yuganshu Sharma
Advocate, Delhi
127 Answers
1 Consultation

5.0 on 5.0

You need to complaint to police that she is blackmailing you. Even if she files rape you can take anticipatory bail. Later you can go for quashing and If Acquitted file defamation against her and also case of false prosecution. 

Prashant Nayak
Advocate, Mumbai
12892 Answers
22 Consultations

4.6 on 5.0

Dear sir

In this matter you have to collect evidences to prove that your relationship was consensual and she was not under any force or influence from your side.

Also collect the evidence that she is blackmailing you for marrying her these evidence can be collected by recording phone calls and saving messages from her. 

After collection of evidence you can lodge a police complaint against her for blackmailing and criminal intimidation.

And you don't want any trouble of investigation which will harm your image in society Give a NON COGNIZABLE REPORT TO police.

After that break every tie with her block her no.  And social media contacts like whtsapp and FB etc. 

Mohit Kapoor
Advocate, Rohtak
3557 Answers
1 Consultation

5.0 on 5.0

The consensual sex cannot be considered as rape, there are various judgments by high courts and supreme court on this.

Since she and you are married to different spouses, and you both knew about the marital status of each other even before indulging in sexual affairs between you both, she cannot claim cheating offence agaisnt you for having sex with her promising to marry her because it will not be permitted in law to marry again during the subsistence of marriage of even either of the spouse, here in this case you both are married and remain married till now.

Hence her gimmicks threatening to file a rape case will not be entertained by police when you apprise them of the background fact and they may rubbish the complaint stating that it is an extra marital affairs for both of you hence they will not interfere in this.

In fact the court also may not take up this case when she will not be able to give any false complaint on this.

Besides you can  even issue a legal notice asking her to refrain from indulging in such illegal affairs failing which you will be constrained to appropriate action as per law.

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

You will not lose your job just because she threatens you.

She is not an authority to remover you from the  job neither the department will consider any such event to terminate your job because it is a government department, they may have to follow lot of procedural formalities for eg.,conduct a department enquiry etc, before they are planning any departmental proceeding.

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

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