• Threats of rape charges

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.
Asked 2 years ago in Criminal Law
Religion: Other

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13 Answers

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 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1. Her not being a virgin is immaterial legally.

2. If she files a false case of rape then apply got anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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. 

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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.  

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

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.

 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear Client,

If you are accused of something you didn't do, remain silent, consult a lawyer, collect evidence, avoid contacting your abuser, and obey the court. Further, it is advised that for the next time please take consent orally or written, if you think orally is not enough you can go for consent card/document.

Thank you

 

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

Just relax and dont presume anything. If any one files false case you can seek anticipatory bail to protect you from arrest

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

-  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 .

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Is the girl or any of her family member threatening you?

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

No case of rape is made out 

 

you never promised her marriage 

 

 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

- Since there was mutual understanding and not relationship taking place then she cannot take any legal action against you. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Don't worry relax. Take steps if anything is filed

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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