Girlfriend's parents threatening to file a false rape case against me

688 votes

Hi,

Consensual sex with an intention to marry is not rape. If a false rape case is filed against you, you need to fight the case on merits in the court. Remember that any crime has to be proven beyond reasonable doubt in order to convict the accused. The court must very carefully examine whether you have actually wanted to marry the girl or had mala fide motives or have made a false promise to this effect only to satisfy your lust. You need to prove that you had sex with the girl with her consent as you promised her and she accepted the fact that you would marry her. You must be having all the evidence whether documentary, recorded, audio, visual etc while you submit your evidence in the court. When an FIR is filed against you, obtain AB from sessions court and if not granted, approach High court for AB. Once the AB is granted, the police cannot harass you. The police then after conclusion of their investigation, will file charge sheet. Once you get summons from court, attend the court with a good criminal lawyer and fight the case. Feel free to contact me for any assistance.

Advocate B. Srikiran LawRato

589 votes

Hi
Consensual sex is not rape provided the girl is above 18 years of age.
Since both of you are in lover and both of you are willing to get married, better approach the sub registrar of your locality and get married under special marriage act.

Advocate Rajagopalan LawRato

747 votes

If the girl is major and confined against her will is against law. You can file complaint in local police that you both want to marry and her parents are illegally detained her, provide them all proofs and evidence you have to expedite the investigation. If you had consensual sex with major then it’s not rape. Good Luck.

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Advocate Sameer Hussain LawRato