Sex On Promise To Marry Is Rape If Survivor's Decisional Autonomy Violated: High Court

The trial court had sentenced the man to life imprisonment and to pay a fine of Rs 50,000

The Kerala High Court has acquitted a man whom a trial court convicted of raping his lover. The high court held that sex on promise to marry will amount to rape only if the accused has violated the decisional autonomy of the survivor.

Allowing an appeal filed by the 35-year-old man, Justices A Muhamed Mustaque and Kauser Edappagath held that this was not a case of forcible sexual act against her will, but a sexual act on a promise to marry where the consent is implicit.

Setting aside life imprisonment awarded by the trial court, the high court, in its March 30 order, said the survivor and the accused were in a relationship for more than 10 years and the sexual act only occurred just before the preparation for the marriage was made. He had sexual intercourse with the victim on three occasions.

"The prosecution evidence itself would show that there was resistance from the parents of the accused to accept the marriage without dowry. That would show that the sexual act committed by the accused was with real intention to marry the victim and he could not hold on to his promise due to resistance from his family," the court said.