Hi, I am from Delhi, after 3 months of relationship my girlfriend and I decided to meet. I booked oyo hotel just to spend time so that nobody in known could see us together. Infact, i have video screen recording of chats that she is not virgin already (had sex before our relationship). At OYO we did nothing much as a intercourse because it was first meeting. Not even touched her private parts. What if she or anyone from her family accuses me for false rape case. How can i defend myself?? Tottaly scared and i don't knw what to do.
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1) If any rape case is filed take the plea that you did not have sex with her
2) if FIR is filed apply for and obtain anticipatory bail from sessions court
3) if possible during chat conversation with your girl friend obtain confirmation from her that you did not have sex when you met in hotel room
4) that it is consensual relationship with no promise of marriage
1. Her not being a virgin is immaterial legally.
2. If she files a false case of rape then apply got anticipatory bail.
Admitt8ng to be together in a hotel or a lodge in privacy even for few hours can be tailored as you both were in physical relationship and she accepted it on the promise of marriage.
So she can give a complaint against you before police with the charges of cheating, breach of trust, rape and criminal intimidation etc.
Therefore you should get her agree for a mutual and cordial break up if you don't want to continue this relationship.
Becoming aggressive over her in case of her reluctance may bring harm and disaster to you in the form of false criminal case against you.
Hi, When she is consented for your relationship, it does not amount to Rape. She has voluntarily consented for the act. So you don't bother about it.
She should have a motive to foul cry charges of rape against you.
Did you promised to marry her? and later retracted from your primise?
Even if the answer to the above question is yes, it will not amount to an offence of rape if the promise to marry was not false when it was given but the man, for some real reasons, could not get married to his girlfriend in future.
Dear Client,
Just relax and dont presume anything. If any one files false case you can seek anticipatory bail to protect you from arrest
- Supreme court declared that , when a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.
- Further, as per Supreme Court, The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 (rape) of the IPC, i.e. rape charge cannot be invoked in case of consensual sex between two adults
- Hence, even if there is sexual relationship , then she cannot lodge a case of rape against you.
- Further, if two adults stay in hotel and having sex then also no case made out due the consent of the girl was with the boy.
- Hence she or her family cannot lodge a complaint for rape etc.,, however she can lodge a compliant for relationship on the promise of marriage
- Hence, you can get her consent that you have not promised her to marry .
Is the girl or any of her family member threatening you?
I have not promised that i will marry her in future. We talk on telegram and i hv screen recording of all chats where she confirmed that her family is looking for boys. I just said her to wait for sometimes but never promised to marry her in chats as well. that if u like boys and family then i cannot risk your life by stopping you. That it very difficult for us to marry but not impossible. Even though she had been to hotel by our mutual understanding.
No case of rape is made out
you never promised her marriage
You should make sure that the visit to hotel should not be misused by her to frame false cases against and implicate you in a criminal case.
You may say that you have evidence to prove that you have not promised her for marriage but that you can express before court alone if the police is going ahead with the registration of FIR against you on the basis of her false complaint.
- Since there was mutual understanding and not relationship taking place then she cannot take any legal action against you.
Don't worry relax. Take steps if anything is filed