How Can Consensual Sex Be Called Rape, Asks Judge

In a significant ruling the Bombay High Court granted bail to a rape-accused saying that consensual sex cannot be called a rape. When the girl says yes, it becomes mutual and cannot be construed as a rape, the court judge.

Giving bail to a youth from Solapur, who terminated his relationship with a girl, with whom he had an affair. The girl lodged a complaint against the youth on charges of rape, cheating and criminal intimidation in October 2016. She alleged that the youth forced her into a sexual relation on the pretext of marrying her. But, later he called off the relationship with her.

The youth sought anticipatory bail from the High Court. Justice Mridula Bhatkar, who was hearing the anticipatory bail plea of the youth, however, felt that "“In such matters I am of the view that it is consensual and hence, bail should be granted.” She said an educated woman is mature enough to understand the consequences of having physical relationship and consensual sex does not amount to rape.

"In western culture, this is consensual and not a rape. When the woman is educated and mature she can say no. When the girl say yes then it becomes mutual,” Justice Bhatkar said. Granting bail to the youth on a surety of Rs 25000, the court directed him not to harass or intimidate the girl.