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Does virginity test prove whether raped girl is virgin or not
15-Jan-2023 (In Criminal Law)
7 years ago I was in relationship with someone and that time I was 16 years old .my boyfriend did some physical activities with me on the pretext of marriage like kissing my private part ,mouth and whole body ,insert fingers into private parts but he didn't insert penis into my private parts .I read somewhere that this all things comes into definition of rape ...I was silence for 7 years because he had promised me and my family to marry me and he is also our close family member and now he is refusing to marry me ....when I told him about complaining for rape then he said that he will escape by performing virginity test because he had not insert penis into my vaginal parts and I'm still virgin so I was too confused and depressed about what to do in this situation because he did all sexual activities except inserting penis so how can I prove myself and I'm also worried about whether he did rape or not plzz tell me something ......Does virginity test really prove virnity of any girl ..
Yes…the things you mentioned in your question comes under the definition of Rape. He can easily be tried under section 376 IPC. And as you were also a minor at the time of this sexual harassment then POSCO can also be attracted. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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virginity test or virginity has nothing to do with crime of rape. the stated activities amount to rape. you have every right to lodge FIR complaining rape. Recent judgement also support you. the reason of your boyfriend is not sustainable in law.
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Adv. Siddharth Srivastava
Adv. Siddharth Srivastava
Delhi | 100+ Answers
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U need to hire an expert advocate in this regard n have to devote time n money !
The definition of rape doesn’t only mean sexual intercourse but otherwise as well ! The question is that when did u have break up with him !
Plz b in touch
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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There is an explicit ban on the Virginity tests of Women all across India by the Supreme Court in cases of Sexual Assault or Rape. Virginity test popularly called as the two fingers test has remained in controversy since 2013. It merely figures out : Whether the Woman was sexually active or not before the Accused Raped her or whether her Hymen was intact or ruptured one. In 2013, SC said, these two fingers test has no scientific relevance, as it doesn't figure out : Whether Hymen Intact Woman or Human Ruptured Woman had given her consent for sex or not? which is an important to figure out : Whether Woman was raped or not!
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Hello, virginity’s test is not even a factor to be considered for rape , he is fooling you to escape from his promise. He has committed offences against you under POCSO act and IPC Sec 354 which is outraging modesty which is serious in nature, you can still register an FIR against him
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Adv. Harshad Garud
Adv. Harshad Garud
Pune | 400+ Answers
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