‘Intimacy Doesn't Justify Sexual Assault’: Bombay High Court Refuses to Quash Rape Case Against Man Accused of Forcing Partner to Engage in Unnatural Sex

The Bombay High Court on Friday refused to quash an FIR against a man accused of rape and unnatural sex, underscoring that a relationship does not justify sexual assault. Justices Ajay Gadkari and Neela Gokhale dismissed the man's plea to quash the July 31, 2023 FIR registered by Karad police station, Satara. The case involves a divorced woman with a four-year-old son who lost her parents during the COVID-19 pandemic. In May 2022, the accused moved in next door. The two began chatting and eventually developed an intimate relationship. The man professed his love and promised marriage, but the woman alleged he demanded sex, which she consistently refused, and cited instances where he forcibly had sex with her and coerced her into unnatural acts. When the woman demanded marriage and disclosure of their relationship to his family, the man promised to marry her after securing a job but subsequently avoided her. His family dismissed the prospect of marriage due to religious differences, and the man joined them in abusing and threatening her and her son. The woman reported the incidents to the police, with her medical report indicating that "forcible sexual intercourse cannot be ruled out." The man's advocate claimed the relationship was consensual. However, the judges clarified that consent is not perpetual and ceases when one partner shows unwillingness. The court found that the woman's allegations indicated a lack of continuous consent, despite her desire for marriage. The judges distinguished this case from others involving false promises of marriage, noting the absence of bona fide intent from the man. Unnatural Sex Case: Husband Accused of Having Unnatural and Forcible Sex With Wife Gets Bail by Supreme Court.

Bombay High Court on Sexual Assault

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