• Sexual exploitation on assurance of marriage

One girl is threatening me that she will file a FIR against me on "Sexual Exploitation on assurance of marriage". I was in a relationship with this girl for approx 45 days. After we broke up she started forcing me for marriage. She is blackmailing for last 8 months now she is threatening to take legal action against me.

1. I am 26 years old, she is 31. She is 5 years older than me.
2. She got divorced in 2011 (I do not know the reason of her divorce)
3. She has a better job than me and she earns more money than I do.
4.She belongs to a rich family but I am from a lower middle class family.
5. I never gave her assurance for marriage (we never even spoke about marriage until we broke up), neither verbal or written (through text chat)
6. She came to my house 5-6 times. I live alone.
MOST Importantly,
7. We never had sexual intercourse though we kissed, hugged, touched etc.
8. I live in Bangalore but she has shifted to a different city recently.
* I do not want to take any legal action of even file a FIR in the local Police Station from my side as I can't afford my parents to know about this issue (due to some health issue in my family)
1. Can she take legal action against me? Can she file an FIR against me?
2. If she has to file an FIR, Does she need to come to Bangalore?
3. If she files a FIR, will I be arrested?
4. If she files an FIR, will I lose my job?
5. If I get arrested, How long normally it takes to end this type of cases? What is the procedure? 
6. Can I do anything to stop it?
7. If she files an FIR what happens next?

Thanks and looking forward for your suggestions.

Note: I am the only earning member in my family and if I lose my job my family will be in trouble. I work for a private MNC firm which is very strict about employee's background. If there is a case and even if I win it, will it hamper my career later?
Asked 3 years ago in Constitutional Law from Bangalore, Karnataka
1. Yes, she can lodge complaint of sex on promise of marriage which amounts to rape.
2. Yes and No as she can do this from either of the places. However Bangalore is most likely place.
3. Yes unless you manage to get anticipatory bail by that time.
4. No if you wok in private organisation.
5. 5-6 years. Most of time it is settled outside court.
6. No but you can apply for anticipatory bail.
7. police starts investigation.

Do not fret much often these are standard pressure tactic to force a boy to get a lady married.
Devajyoti Barman
Advocate, Kolkata
12804 Answers
165 Consultations

5.0 on 5.0

1. The answer to your first question is YES. You cannot stop any one from filing a case, albeit the case will be tested on the touchstone of law in the court. She can file a FIR against you by stating that she was promised by you that you would marry her, and taking your words on their face value she had sexual intercourse with you. In your defence you can deny that intercourse ever took place or you promised marriage to her.

2. She can file the FIR either from Bangalore or where she is residing right now depending on the nature of case she builds up against you. In all likelihood Bangalore is where she will file it.

3. You may be arrested at any time after FIR is filed. To obviate the sword of arrest which will hang over your head subsequent to the filing of the FIR, you should immediately seek anticipatory bail.

4. No employer, private or government, likes to have on its rolls an employee who is embroiled in criminal charges. So you may lose your job, more so if you are arrested. This is why taking bail becomes very crucial.

5. If the case is decided on merits it may take up to 3 years to be decided, albeit such cases are most of the time filed with the object of extracting fat money from the man, so it may be settled out of the court sooner.

6. As I remarked at the outset, you cannot stop her from filing the case. What you can do is channelise your efforts towards making sure that you are not arrested.

7. After filing of FIR machinery of law will be set in motion whereupon police will launch an investigation.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) no case of sexual exploitation is made out . it is your case no sex has taken place . where is question of sexual exploitation . 

2) you merely kissed her and hugged her . no promise s of marriage were made by you either verbal or written . 

3) you have not via chat messages promised marriage . let her file FIR if she so desires . 

4) change your telephone number . delete your profile on facebook and other social networking sites . 

5) obtain Anticipatory bail when FIR is filed . 

6) in your statement to police clearly state that you did not have sex nor promised her marriage 

7) inform your superiors in office of blackmail tactics by the lady . keep them, posted of latest developments so that in the event FIR is filed they support you and you dont lose your job 

8)it would take around 5 years for case to be disposed of . if you are acquitted it wont harm your career
Ajay Sethi
Advocate, Mumbai
45424 Answers
2668 Consultations

5.0 on 5.0

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