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False rape allegations after a consensual sex


01-Sep-2023 (In Criminal Law)
My girlfriend with whom I had 5 year relationship and we were frequently in intercourse relationship charged me of rape after I broke up went with another woman as the intercourse was consensual but now she alleged as non consensual i only have some photographs together after the alleged incident as prove and some witnesses who are aware of our friendly relations post alleged incident ,how can I save myself
Answers (4)

Answer #1
963 votes
Hi In case an FIR has already been registered you will have to apply for a bail first. Once the CS is submitted you may file for quashing and a discharge application. However in case an FIR has not yet been registered you can file an NCR as a precaution step
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRato Delhi | 700+ Answers
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Answer #2
969 votes
Details are required to be looked into. Case is suspicious and is apparently false. As per law is two major persons of opposite sex voluntarily enter into sex then no case of rape under section 376 is made out.
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Advocate Siddharth Srivastava

Adv. Siddharth Srivastava

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Answer #3
539 votes
You have not told if the FIR has been registered. Anyway, assuming it has been registered, your first concern would be to prevent your arrest and for that, you will require bail. These photographs may be helpful depending on their nature. My advice- You must immediately consult some Advocate who practises at the courts which hold jurisdiction on the matter.
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Answer #4
682 votes
Use all the conversations, datings u did together any common friend of you act as witness, it’s not a technical thing to deal with , all u need to prove is it took five years for her to report she was raped so . Collect all written evidence and ppl in favour of u out of common friends
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Advocate Rajpal Singh

Adv. Rajpal Singh

LawRatoDelhi | 25+ Answers
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