Navneet 26 August 2018

Rape case

Hi i want suggestion i got engaged with a person on dec 2017. Post engagement he forced for physical relations although i was not comfortable but he stated we are going to get married so it nothing to be uncomfortable off.. He got intimate 10-11 times than he completely denied for marriage. Later on he put various false allegations on my character stated i m alcoholic. I went into severe depression and later on 01 May 2018,they prepared affidavit for annulment of engagement and marriage and gave back us the things we gifted on engagement and took signatures my father forced me to sign stating its better to get this thing go off.i was already in depression wasnt in a state of mind to take sny decision i signed it. On 07 jul i complained for rape against him in women commission but nothing is happening so far.. He is very confident that nothing will happen to him. He completely denied in hearing that he never touched me. All i have is i remember the check in of hotel names where we both went along

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12 Replies

TGK REDDI 27 August 2018

You must be above 18.

This's not a case of rape.

I always wonder. Women don't wait ( can't? ) till marriage and put the entire blame on men.

Aks 27 August 2018

Just having physical intimacy does not amount to rape. You have to prove two things to prove rape:

(1) there was s*xual relation between you and him AND

(2) that you were forced to have s*x but didnot give consent/permission to him.

The second part is difficult to prove. You went to hotel with him so he can claim that it was consensual s*x. And consensual

s*x is not considered rape.

K Chakraborty 27 August 2018

this was not amounting to rape at all.... section 376 is not maintainable in this case... Secondly you singed an affidavit on May 2018.... Now you are stating that they managed your signature by force... it is also not maintainable.... did you file any complaint before the concerns police station immediately after this occurrences? if not.. you can't even say it that you was bound to put your signature.

you are is not in very well position to take any major legal action....

K Chakraborty 27 August 2018

sorry. ...

you are not in position to take any major legal actions

Navneet 27 August 2018

Yes i filed complaint with women commission on 07 jul 2018 and in affidavit its mentioned that there is annulment of engagement and marriage plans but its no where mentioned in that affidavit that he had any physical relations with me after that he left me. Morever he filed an complaint against mr on 17 jul stating that he broke engagement with me as i was having affair with someone ex colleague of mine and he stated he never had any physical relation with me and i am lying. He went to hotel with me just to discuss the marriage plans he went to hotel with md 7-8 times

Navneet 27 August 2018

And that ex colleague of mine was summoned and clearly gave statement that he never had any objectionable relationship with me

Navneet 27 August 2018

The problem is he made his mind not to marry me in jan 2018 but he kept on meeting me and maintained physical intimacy with me till mar 2018.he never talked or showed ever that he is going to leave me.. What it is if not rape. It is worse than that because i got cheated from the person i was about to get married to

TGK REDDI 28 August 2018

It's a break with the past; not cheating. He made a clean break.

Navneet 28 August 2018

Wow are you even a human being u can go beyond any limit to justify the action of male..

TGK REDDI 28 August 2018

It's woman who gets blank cheque from men, women, boys and girls.

Aks 30 August 2018

Navneet,

You are hurt because you expected him to get married to you. But, there was no legal contract between two of you. You participated in physical relations with him ,therefore you are equally responsible for what happened in the bedroom.

It can be called emotional betrayal at the most BUT does not qalify as rape ,if you are talking in legal terms. When you go with someone in a motel willingly and particiapte in physical act on the hope that he will marry you, it still is considered consensual s*x between two adults. It certainly is not rape from legal standpoint.

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R Trivedi (advocate.dma@gmail.com) 09 September 2018

Navneet, even though in reality it is not rape, still such cases are accepted by the courts due to some funny interpretation of term "consent" by them. No one knows the cause of separation, it is also not that you did not indulge willingly, but due to stereotypes understanding of female purity, you feeling cheated. I would personally advise you to treat this as a bad dream and carry on with your life. But you can still approach the police and file case under S.376 of IPC. Once again pl note it is going to be a painful fight, very painful and long fight, decision is yours.