Not rape: SC says on consensual sex in live in relationship

New Delhi, Mar 02: The Supreme Court said that in a prolonged relationship, consensual sex between a couple cannot be categorised as rape, if the man fails to keep the promise of marriage to the woman.

A Bench comprising, Chief Justice of India, S A Bobde, Justices A S Bopanna and Ramasubramanian said that making a false promise to marry is wrong. Even a woman should not promise to marry and then break away. But that does not mean in a prolonged live-in relationship, sexual intercourse would be categorised as rape.

The case pertained to two call centre employees who were in a live in relations for five years. The man finally married another woman, leading to the lady slapping rape charges against him. She accused the man of indulging in sexual intercourse on the false promise of marriage.

The man through his counsel told the court that if consensual sex in a live in court result in rape charges, which leads to the arrest, it could set a dangerous precedent. The lady told the court that the man had displayed to the world that they were living as husband and wife and had married the the woman in a. Temple, but wriggled out of the promise after assaulting and extorting money.

"It is a good case for you to seek discharge from the trial court," the Bench said. There's a clear distinction between rape and consensual sex," the Bench also said. The court protected the man from arrest for 8 weeks and asked him to find out from the trial court whether the prosecution was able to produce evidence to substantiate rape charges.