In both case, you went to hotel by your choice. No rape made out. You need proper drafting of rape complaint.
Rape and fraud case
Hi can anyone please help me out. My office friends and I went on trip 2 yrs back and when we drunk he took advantage and rape me that day it wasn’t clear what had happened. When we came back i spoke to him and he said it was just fluke let’s meet and discuss he invited me to hotel and I denied but he assured nothing will happen and I went we spoke and he said it was mistake and showed me he geniuely had that emotion factor for me. That fay nothing happened and things were okay. Again couple of months later he asked me to come lets go to hotel as we went earlier and will do some office work and then we can chit chat I trusted him okay nothing will go wrong as he didn’t crosses his limit last time and that tym he brink drinks and without my knowing he made me drunk and rape. This time i told him i will file rape complaint as u broke my trust but he begged and said nothing will happen in future. I trusted again Cut to couples of month later i met his brother and we genuinely got clicked and we started had feelings for each other and few months later we started dated. I never told him that what had happened with me earlier what his brother done because he his brother was sorry and all. Couple of months later his brother again contacted me to meet and I told him that I’m seeing your brother and we are dating .. he exploded and he was out of control and he told his brother what had happened but in a manner that it happened with a consent. I tried explaining him all this and later on my boyfriend and I agrees that ok what had happened is fine but we will stick to each other but his brother was still against. Now after 2 years my boyfriend is now also saying he can’t go beyond his brother decision. So he also left me by saying this. I feel so bad how both of them used me and now left me. I want to file rape case against both Help me with this.
Asked 10 days ago in Criminal Law
Religion: Hindu
8 Answers
In both you allowed both of them do play with your body and did take no steps to s top them from doing so.
Now after getting wiser, i regret, you do not have much options expect to maligning your own image.
Decide accordingly.
What happened with you is sexual intercourse by employing deceitful means. It is a cognizable offence under Section 69. You can file a criminal complaint under Section 69 of BNS in Court of Sessions of the place of your residence in India. It can be done through GPA if you are abroad. Punishment for the said offence is imprisonment up to ten years.
The delay of 2 years in filing rape case will go against you
if your colleague had sex with you forcibly you should have filed rape case against him
3) Delay in lodging FIR more often than not, results in embellishment and exaggeration, which is a creature of an afterthought. A delayed report not only gets benefit of the advantage of spontaneity, the danger of the introduction of a coloured version, an exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serious doubt on its veracity. Thus, FIR is to be filed more promptly and if there is any delay, the prosecution must furnish a satisfactory explanation for the same for the reason that in case the substratum of the evidence given by the complainant/informant is found to be unreliable, the prosecution case has to be rejected in its entirety.
In case there is a delay in filing of the FIR, the delay should be reasonably explained. For example, if the victim has not been able to talk to people about the incident for a long period of time (months or even years after the incident), an FIR can still be registered.
you can file a First Information Report (FIR) for a rape case even after a long time, as long as you can reasonably explain the delay. It is recommended to file an FIR as soon as possible after the incident, ideally within 24 hours. If the victim is unable to reach the police station, their family can call the police to their home or hospital.
However the drawback in your side is tht you did not bother about the incident even after knowing about the offence commuted against yo and you started dating the brother of yor boyfriend who also was informed about this incident.
You did not take any action against him despite all these just becasue you want to date with the other guy, but when he too rejected you then your intention is to take revenge against the other person who allegedly raped you, which may not be maintainable in law.
It can be considered as a consensual sex hence your complaint may not be entertained.
Dear Client,
I am really sorry that something like that happened to you. You have the right to file a rape case under the Indian Penal Code sections 63 and 64 of Bharatiya Nyaya Sanhita (previously, Section 375 of Indian Penal Code) that deals with the Rape and the conditions that surrounds consent. Since you were drunk and could not give consent, there is your justifiable reason to make a legal case here. Any evidence such as messages, texts, documents or any eyewitnesses should be reported and where necessary report for medical examination for any proofs of abuse. In case you want to report a case of sexual assault, it is wise to seek the services of a legal expert in sexual assault before filing an FIR. Moreover, go to rehabilitate organizations in case you need to have a therapy session. You have rights and it is the Law that can provide the means for you to get what you deserve.
Hope you find this answer beneficial for resolving the dispute.
- You can lodge a complaint against him for the offence of rape after consuming alcohol
- You can file a Zero FIR against him in any police station of India.
- However, the Supreme Court held that long-term relationships with sexual intercourse cannot easily be construed as rape based on subsequent refusal to marry.
You can file case against him but your matter is of consenting sex and not rape.
