Sumitra 15 September 2018

Uncle raped me and cheated me - need advice urgent

Dear All,

I am from poor background family and my father passed away when I was 10 years old.. From that time one of my divorcee uncle was supporting for my study ..when I attend 16 years old he took me to his house for giving me education (for +2 course)..he stay in a city and he is a divorcee, his age was that time 38 when he took me to his house ..He buy many fancy items, gold and spend me huge money for me..

Then he started use me for s*x every day like I was his toy and he was like a S*x thirsty..He used me like a s*x slave....later he committed me to marry me and he told to my mother and uncle that he will marry me..

Now when I attend 18 year plus ...and recently I am getting irregilar period and doctor told that I am having PCOS and difficult in getting preganancy..

After this doctor report now he dont want to marry me and creating lot of trouble..and through me beck from his house since last 2 months..

Now I am staying at my mothers house and dont know what to do? can you please suggest me ob followings,

- Can I file a case that he raped me? now since 2 months he never did physical relation, so any medical report can identfy the past s*xual activity?

- Mobiles was given by him and not he took it back..all chat history and all is in his custody..so what can I prove for that?

- He is too rich adn now stay in abroad..so reality how can I get justice?

- My concern is that I am from village area and incase I will nto get proper judgement then other way my name will be come in paper and news and after that it may be problem where I wont get justice and but the matter highlighted..

Please suggest me urgently..

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3 Replies

Vijay Raj Mahajan (Advocate) 15 September 2018

You're 16 years old when your uncle committed offence of rape for which you should have made complaint. However you continued the relationship with him even till you attained age of majority (18+). Now when he is refusing to marry, you want to file complaint against him for offence of rape. No doubt he had committed this offence when you were of 16 years age, even with your consent if he was indulging is s*xual relationship, this rape offence cannot be condoned. You may register the FIR against him for the offense of Rape and let police do the investigation.

R Trivedi (advocate.dma@gmail.com) 20 September 2018

1. At 18 you are thinking of pregnancy and all? 2. Your uncle committed an offence, he can be prosecuted on your complaint, because your consent itself is not of relevance as you were minor. 3. Bigger point is your future, court cases are very troublesome, and this could be lengthy as court may see lack of force and won't treat this as fast track like whatever is happening now a days. 4. Whole life is ahead of you, on one side there is a man who has taken advantage of your tender age, and on the other side a significant possibility of lot of hardship in pursuing the case. You decide carefully, seek your parents help also.

vinay_2431 (engineer) 21 September 2018

file a complaint and bring him to the negotiations table and I would recommend you to settle the issue amicably ,outside the court. 16 years old case. not an easy thing to prove in court.

Experts please advise ...

Vinay.