One of my colleague had a long term love with her girl friend. Both are major.They later on engaged in physical relations as well. The boy was ready to marry but under family pressure, he married with some other home town girl. Once, the boy got engaged, they didnot enter into physical relationship. Now, his girlfriend wants to sue him/complain against him for rape.
Will it be treated as rape even if the physical contact was on mutual consent. Is there any other charge that can be made against my colleague. Is there any remedy?
Sexual intercourse without a VALID CONSENT amounts to rape... it is just a matter of proving the facts.. you have not mentioned the facts in detail............. Hire a good lawyer and proceed according to his advice
From the facts given by you it does not appear to be the case of rape as the above stated facts does not cover any of the descripttions given under section 375 of I.PC. For a case to fall under rape, it must be against the will of the woman/or without her consent and even if it is with her consent then she must have undergone s*xual inter course under a wrong belief that he is her husband or where her consent was taken under intoxication/unsoundness which disabled her to understand the nature and consequences of that to which she has given her consent.
In this case the girl is a major who can very well understand the nature and consequence of the act she is doing.Neither she was under any wrong belief that the man is her husband.
when there is consent for physical relation then it does not amounts to rape. But to take the revenge she can file a complaint stting that he made her to beleive that he would marry her and and had a physical relation etc.,
1. It is not rape per se but fraud and fraud is difficult to prove in "consented" cases of such nature (if both were major age then) and suggest to make her to come before Bar and during cross examination she has to prove her versions and there a competent crl. ld. Advocate will toss her versions out resulting into acquittal.
2. It is not so easy as made out in this short brief otherwise every neighborhood boys and girls at one point of time on their height of 'infatuations and probable some acts of physical relationships in their adolescent years' will end up in RAPE case parameters today when they are today happily "settled" respectively.
These are some puppy love now gone bad scenarios and parental / elder intervention needed more than using Law see if that is possible.