Sexual intercourse with adult woman used to sex, with her consent cannot be said to be rape: Orissa HC

Cuttack: Sexual intercourse with an adult woman used to sex and with her consent, cannot be said to be rape according to the Orissa High Court.

The Orissa High Court in a recent judgment acquitted a man who was accused of raping his sister-in-law. The Court further added in the judgment that since the woman was a married adult with prior sexual experience and did not resist the forceful act, it cannot be termed as rape.

However, the Court further clarified that the the act cannot be said to be consensual if the consent is acquired under force.

In the present case, the woman complained that she was forced to have sex with her brother-in-law in a forest in 2014. Since she did not return home, her husband went to search for her and found her in a compromising position. She then filed a suit against the man alleging that he had raped her.

The lower court heard the case and gave a judgement in favour of the woman. However the man appealed against the order of the lower court in the Orissa High Court.

Upon medical examination of the victim it was found that the woman had offered no resistance and had no injury marks on her body whatsoever.

Hence the Orissa High Court over ruled the judgement of the lower court and said that, “”Since the victim was a consenting party, the conviction of the appellant under section 376(2)(f) of the Indian Penal Code is not sustainable in the eye of law…”