• Consensual sex

I have entered into a relation with a woman 6 yrs ago
 I have been physically intimate with her (consensual sex) and had intentions of marrying her. However we had ended the relation as I have lost my mental peace and I do not trust her anymore, however I do not have any proof that she is cheating on me. After 2 months of break up  she is threatening me to be in relation with her or she will file a police complaint against me ..can she do that ?? If so how can I defend myself ?
Asked 3 years ago in Criminal Law from Hyderabad, Telangana
Religion: Hindu
She can.
It will be better to settled the matter amicably with her or ready to fight the case.
If you want to fight the cases then immediately file a complaint against her before police, court and other authorities like women commission for threatening and also file a private complaint before criminal court.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

1. Nothing to worry. The girl may lodge complaint of rape but that would hardly count.
2. Courts are loath to accept consensual sex as rape. So you shouldn't not get difficulty ti obtain bail.
3. Once bail is granted you can breathe a sigh of relief as case there after would fall flat on its face. 
Devajyoti Barman
Advocate, Kolkata
12873 Answers
166 Consultations

5.0 on 5.0

Yes she can file a police complaint and get an FIR lodged, for different sections including 417,496, 493,376 of I.P.C. depending 
The consent  is defined under sec 90 of IPC 
consensual sex on the promise of marriage and the promise kroke, so  cannot be termed as rape,
in Uday Vs State of Karnataka on 19.2.2003, supreme court has observed that no specific formula can be  used and the court  pointed out that 
here a girl was of 19 years of age and had sufficient intelligence to understand the significance and moral quality of the act she was consenting to;
b.   she was conscious of the fact that her marriage was difficult on account of caste considerations;
c.    it was difficult to impute to the appellant knowledge the prosecutrix had consented in consequence of a misconception of fact arising from his promise, and
d.   there was no evidence to prove conclusively that the appellant never intended to marry the prosecutrix.

each case is different so the important aspect to be considered are in this nature of cases.
possibility of any complaint or  FIR, try to get anticipatory bail.
 as i said each case is different,the consent has to be proved  and the reason of not as per evidence act getting married etc have to supported with your evidence of documents or witnesses
 as epr the evidence act' , It shall be corroborated by some other material evidence in support of such promise”.
there are no provisions to implicate you  for promise of marriage unless there is na agreement. However physical/sexual relationship is that where you  are pulldown 
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

She can very well lodge a complaint with the police for the offences of cheating stating that though it was consensual sex, it happened only on the promise to marry and now you are backing off.
The complaint will be taken seriously the punishment under section 417 of IPC may extend upto three years rigorous imprisonment.
In your own interest, better to have a compromise settlement with her before she moves police station with a complaint because the latest supreme court order is that there should not be any type of compromise in the sexual related offences where a woman is victimised or subjected to the offence. 
T Kalaiselvan
Advocate, Vellore
35828 Answers
390 Consultations

5.0 on 5.0

1. She can launch your prosecution for cheating and rape on the basis that you had sex with her on the basis of a false promise to marry her. 

2. If she files the case you should immediately apply for bail lest you are arrested and put behind bars. The court will give you an equal opportunity to rebut her case in defence.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. She can lodge a police complaint against you alleging that you have induced her in to establishing physical relationship with her with the promise that you will marry her at appropriate time which you are refusing to do now,

2. This will amount to rape,

3. However, after 2 months of restrain it will be difficult for her top medically prove that you ever had any physical relationship with her,

4. Hope you have not taken any too intimate photograph which is witrh her which she can use against you in support of her said allegation,

5. You need to deny any such physical relationship with her leave apart any assurance of marriage,

6. However, if she has any irrefutable evidence of your having the said relationship with her then you shall have to claim that it was consensual only without any promise in return,

7. Lodge a police complaint against her alleging that she is threatening you with dire consequences if you do not marry her,

8. Despite the above, if she files any complaint/case, contest it fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
18520 Answers
449 Consultations

5.0 on 5.0

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