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Rape charges on man by girl who had consensual sex with him


27-Apr-2023 (In Criminal Law)
If a person some time/months/years back had consensual sex with a woman and continued to do so for some time . And later that woman files a complaint with the police that she was being raped by the man. Then will that man be arrested and put behind bars under section 376 just on the basis of woman's allegations/testimony? And will there be no medical test or investigation done before convicting the person on the charges of Rape?
Answers (4)

Answer #1
708 votes
If the FIR has been registered Under Section 376 of IPC, then the person so accused can be arrested at any time. Approach to the Hon'ble High Court for FIR Quashing, and get intrim relief by staying the arrest of the accused.
Thank you!
Answer #2
524 votes
even in a delayed complaint, police can arrest on the basis of an FIR, but there has to be a investigation, there are options available in such situation but for that more details will be needed, so in such a case you should take a consult as soon as possible
Answer #3
729 votes
Dear Client,

Thank you for writing in.

Your question can be divided into two parts. One, arrest on the complaint of a woman and two, conviction for commiting a rape.

S. 376 is a cognizable offence which means that the police can arrest the accused simply on the basis of a complaint.

The second part of your question is regarding conviction and prior to convicting an accused, all evidence including medical tests etc. are considered by the Court. However, in the situation that you have described, it is very unlikely that medical tests etc. will be conducted nor are they necessary. The evidence required to prove innocence and a consensual relationship could be phone records, text messages, emails etc.

I hope the above is of help.

Best regards,

Vaibhav Raina
Advocate
Answer #4
953 votes
Yes if an allegation of Rape is levelled by a woman then police has to investigate the matter primafacie to lodge an FIR against the man. And this includes medical test also. If the girl is major by age and has consensual sex with a man that sex can't come within the definition of rape.

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