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Is Consensual sex with 17 year girl on promise of marriage is offence


15-Oct-2023 (In Family Law)
am in love with my girl friend.her date of birth is 06-05-1999 in ssc memo.but her actual date of birth is 06-05-1998. i had sex with her on 21-05-2016.and she has given consent for sex on mutual promise od marriage.as per ssc memo she has 17 years old.as per date of birth certificate she has 18 years now..i have phone call recordings of my girl friend words spoke to me that she wants to marry me.i want to marry her in future.she is in house arrest now.their parents know my love story.their parents warned me.after may 5th 2017 i want to go to police station nd talk to my girl friend about marriage on that day.if she rejected my love then how to marry her.i have all the proofs (phone call recordings, messages love letters) that she loved me nd consensual sex with me. so if their parents booked rape case on me shall i booked under rape case.bcoz as per ssc she has 17 years on sex participation date.if their parents booked rape case on me how to proove that she given consent for sex
Answers (2)

Answer #1
886 votes
Hi
If you are in possession of the date of birth certificate issued wherein it is stated that the girl is 18 years now, then you are absolutely safe.
If you are not in possession of the birth certificate documents then the girl can file a rape case on you as consensual sex with a Minor is classified as RAPE according to indian laws.
So better to keep all of the other documents such as phone conversations, chat messages , love letters etc be kept safe so that these documents can be used as defense should any controversy arise at a later date.
Answer #2
701 votes
HI,
first having sex with minor not only crime it is not advisable medically. in your case the evidence available with you is sufficient that girl is also interested with you. you can prove yourself that consent was given by her at the time of sex by leading all the evidences with you.( phone call recordings, messages, love letters etc)

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