• Rape case

I have taken once a escort service and hire a call girl from broker. 
Both me and girl has exchanged the phone numbers and we enter into friendship. We used to talk on phone and also meet 3 times a month in some hotel . At the time of meet in hotel I use to pay her 15000 rs via Google pay. 
From past 8 months we were going like this. 
But now bcoz of financial constraint I have refused to meet her and also I avoid taking her calls. 
One day she has visited my business premises and told in polite manner that I am not a chewing gum and also she told me to read about 376 IPC . She demanded 70000 rs per month indirectly . 
I have always given her payment through Google pay I hv proper records and what's app chat as well .
But now I m in stress. 
Pls guide .
1. Do the rape case is maintainable on me bcoz as she was prostitute and she takes money on per meet basis.
2. What should I do for my protection 
3. Is it a come under concensual sex category.
4. Please let me know the way I should deal with that girl now .
Thanks .
Asked 1 year ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

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10 Answers

Do you have chats of the time when you book her for sexual services?


Need to know some details to provide proper solution in the matter.

Nikhil Gupta
Advocate, Yamunanagar
144 Answers
1 Consultation

4.0 on 5.0

It is not a rape case. Don't panic. You have all the records. If you want to trap this girl go to the police and tell them everything. You must be having recordings. 

She and her accomplices would be jailed.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

She's threatening you that she will falsely implicate you in a rape case,  you refuse to pay any money from now on and ask her to proceed with her intended false case which will be challenged properly. 

In the meantime you may also lodge a criminal complaint against her for the offences of criminal intimidation,  extortion and threats to your life etc.

Her complaint against for rape offence is not maintainable for the consensual relationship,  besides if you evidence to prove that she is a call girl,  you can utilize the same as evidence against her. 

Only thing you have to ensure that you have not done indulged in prostitution activity with her in a public place or in a place where prostitution is prohibited. 

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

Hi,since it was a consensual relationship it does not fall under the offence of rape …However ,she may allege that you were blackmailing her on pretext of anything to make a false concoted story..It is advisable to keep any chat messages that may help us out in case she approaches police …

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. Ideally no rape case is maintainable

2. Don't get blackmailed 

3. Take anticipatory bail if she files any complain

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

1. Since you have record to prove that voluntarily, on payment of certain amount , she used to give her services as she is a prostitute and hence Rape case can't be initiated against you.

2.  Contact a local Advocate and inform him of the whole incident and if need be, let the Advocate rise to the situation to defend you in Police Station by producing the evidence in your possession.

3.  Cent percent it will come under consensual sex category, as she received money from you everytime and did not complain after the initial act and many times later also.

4.  Tell her that henceforth, you would be lodging blackmail complaint against her in the Police Station based on the evidence, such as phone calls, Google pay, in case she troubles you again.

Shashidhar S. Sastry
Advocate, Bangalore
5173 Answers
315 Consultations

5.0 on 5.0

No case of rape is maintainable 

 

2) you had consensual sex and you have paid her for sex 

 

3) record her calls 

 

4) if she sends any messages make it clear that you ad consensual sex with no promises of marriage 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

  1. Rape is intercourse by force against the consent of woman. She is commercial sex worker. She cannot approach police as she will be put behind bar. It is organized racket and they know the consequences of approaching police. It is empty threats. You have proofs of payments, everything took place in hotel.
  2. There is no preventive action against criminal complaint. You can only react after she files a complaint at all, which she will never.
  3. This is not only consensual but this is commercial sex.
  4. Tell her firmly politely that you have all proofs and if she goes to police the entire racket will be exposed and she will to jail with her accomplices. She is trying to create fear psychosis in you. Don’t give in.
  5. You have option of filing a criminal complaint for extortion against her, but that will take your time and tarnish you image.

Ravi Shinde
Advocate, Hyderabad
4069 Answers
42 Consultations

5.0 on 5.0

- 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.

- Further, paid sex come under the definition of Prostitution and is governed by the Immoral Traffic (Prevention) Act.

- As per this Act, sex work is not illegal, but running these activities under brothels or soliciting customers are punishable offences.

- Hence, if anyone pays them and get their services cannot be prosecuted, if these services are not being performed in any special place like brothel, and a legal action cannot be taken against both parties. 

- Since, you has paid her for the said consensual sex , hence no rape case made against you

- However , you are advised not to turned that sextual activity into a relationship . 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in this case since you have taken a escort service it is quite problem vatic for you however since she was a p********* and you have paid required money whenever you are in physical relation and see also concentrate to all those actions that is no chance you can file rape case against you moreover I request to you not to give her any money was so ever.

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

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