Can a women take legal action even after giving consent for sex?

I was in a friend with benefits arrangement with a Divorcee. I am unmarried, and she is 5 years older to me, both Hindu. I made it very clear that I will never marry her since the beginning, and neither I want a child, and she had given her consent for that. Both of us were not living in our hometowns.

After this consent, we had unprotected intercourse. After that, I moved out of the city, and now live in different part of the country, whereas she is still living in the old city (which is not her hometown). 8 weeks have passed, and she has'nt informed me of any pregnancy yet.

Can she take legal action?

Answers (1)

228 votes

Yes, she can take a legal action against you. She can file a criminal complaint under Section 375 and Section 417 of Indian Penal Code. Section 375 of the Indian Penal Code defines rape as "sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 16 years of age and Section 417 deals with cheating.

Hence she can state in her complaint that you coaxed her to have sex with you and that you promised her that you would soon marry her. In spite of the fact that she expressed reluctance to have sex before marriage, you coerced her to submit to you advances. 

Kindly contact us for any further details and action.         

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Criminal Lawyers

Advocate Nikhil Singh
Singh & Associates, Hubli
2 years Experience
Advocate Ricky Chopra
Sector - 49, Gurgaon
18 years Experience
Advocate Ricky Chopra
Karkardooma Court, Delhi
18 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Criminal Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles