The Bombay high court yesterday declared that, when a woman is educated and above 18 years of age, and if she did not say no to a sexual relationship in the beginning, then later, after the disturbances in relationship, she cannot allege it as a rape.

The court also observed that although “society has taboos around sexual relationships”, yet, if a woman does not say no to a sexual relationship, the same must be considered “consensual”.

The decision was taken by court, after coming across a relating case. A 25 year old man who was in a relationship with 24 year old girl from Goregaon, for over an year, sought pre-arrest bail, after the woman approached the police station.

The man promised to marry at the year end, but upon failing to keep up his promise, the duo broke up and it was then, the woman registered an FIR on charges like rape, cheating and assault.

The woman said that, the guy used to take her to the hotels and force for the sexual intercourse, assuring to marry her.

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Not stopping there, the woman even alleged that, she got pregnant during this period and the guy forced to undergo an abortion. “I even extended him financial cooperation several times,” the woman said.

Fearing arrest, the man approached the high court. But the woman’s counsel opposed the plea, saying that, “wronged and physical relationship on false promise of marriage must be considered as rape”.

But Justice Mridula Bhatkar, denied the woman’s plea, saying, “This cannot be considered as rape. You are a major, educated, and you have a choice of saying no. But if you did not say no at the time, then it will be considered as mutual consent. When the woman is educated and mature, she can say no. When she says yes, then it becomes mutual.”

Justice Bhatkar, meanwhile, granted the pre-arrest bail to the man.

The woman later directed him against “contacting or harassing the woman or her family members in any manner”. 

By Phani Ch