Consent OR Coercion

Does false promise to marry equals to rape?

- By Shivani Ujjainwal

In recent years, countless cases have arisen in which women allege rape, claiming they were hoodwinked into physical relationships by false promises of marriage. However, courts have elucidated that not all broken marriage promises equate to rape, for such claims to be valid, the intimacy must hinge entirely on that promise.

A recent Supreme Court judgment has clarified the conditions under which a consensual sexual relationship may be considered rape based on a false promise of marriage. The Court noted that if a woman has engaged in a physical relationship with a man over an extended period, it may not be reasonable to conclude that the relationship was solely based on a promise of marriage made by the man. The ruling raises questions about the expectations and motivations behind consensual relationships when promises of marriage are involved.

If a man breaks his promise to marry a woman, the question arises as to whether sexual activity between consenting adults can be classified as rape. The determination of rape hinges on the presence or absence of free consent.

Any sexual intercourse that occurs without valid consent qualifies as rape. The term ‘consent’ is defined as the permission granted to do or abstain from doing something, essentially denoting permission.

Valid consent must be given freely, without external pressure or misconceptions. Consent obtained through threats or deceit is not valid. Therefore, engaging in sexual intercourse without valid consent constitutes rape.

When consent is given based on a false promise of marriage, we must consider whether this is a misconception. Does this scenario qualify as rape? To find the answer, we need to examine the law and judicial rulings.

What The Law Says