The bench delivered these critical observations while granting relief to a man who faced rape prosecution initiated by his former live-in partner of seven years. The justices observed that converting dissolved consensual relationships into sexual assault cases often leads to settlements requiring substantial financial costs from accused men. In its judgment, the court noted with concern that this retaliatory pattern continues to rise despite repeated warnings, ultimately trivializing the severity of rape laws.
Key points
Consensual sexual acts between adults were never intended by lawmakers to face retrospect…: Consensual sexual acts between adults were never intended by lawmakers to face retrospective criminal prosecution after breakups.
Coercing individuals to stay in relationships through fear of criminal accusations severe…: Coercing individuals to stay in relationships through fear of criminal accusations severely damages men's personal agency.
Utilizing severe rape provisions in the wake of an emotional fallout risks undermining th…: Utilizing severe rape provisions in the wake of an emotional fallout risks undermining the seriousness of the offence.
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Supreme Court warns against misuse of rape laws after consensual relationships turn sour, saying breakups cannot retrospectively criminalise consensual sex
NEW DELHI: Society and courts must discourage weaponisation of criminal law against men in the aftermath of an emotional discord and breakup of a consenting romantic relationship, Supreme Court said Friday, expressing concern over the disturbing trend of criminal provision of rape being invoked to prosecute men after relationship turns sour.A bench of Justices B V Nagarathna and R Mahadevan said the legislature never intended consensual sexual acts between adults to be retrospectively criminalised merely because the relationship came to an end. "It is unfortunate that despite judicial deprecation, this trend is increasing, and it is a matter of concern as often settlement of disputes come with huge monetary considerations to be borne by the male accused," it said.
The court underlined "a worrying trend in recent years, wherein consensual relationship is given a colour of sexual assault"."In fact, such an approach denudes the man of any agency entirely, as the mere factum of being in a consensual relationship at…
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