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Can a women take legal action even after giving consent for sex?
19-Aug-2023 (In Criminal Law)
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?
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.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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