Discourage weaponisation of rape law in relationships gone sour: SC

Supreme Court warns against misuse of rape laws after consensual relationships turn sour, saying breakups cannot retrospectively criminalise consensual sex

NEW DELHI: Society and courts must discourage weaponisation of criminal law against men in the aftermath of an emotional discord and breakup of a consenting romantic relationship, Supreme Court said Friday, expressing concern over the disturbing trend of criminal provision of rape being invoked to prosecute men after relationship turns sour.A bench of Justices B V Nagarathna and R Mahadevan said the legislature never intended consensual sexual acts between adults to be retrospectively criminalised merely because the relationship came to an end. "It is unfortunate that despite judicial deprecation, this trend is increasing, and it is a matter of concern as often settlement of disputes come with huge monetary considerations to be borne by the male accused," it said.

The court underlined "a worrying trend in recent years, wherein consensual relationship is given a colour of sexual assault"."In fact, such an approach denudes the man of any agency entirely, as the mere factum of being in a consensual relationship at one point would bind him to it entirely for fear of being accused of rape at a subsequent point of time," SC said, while allowing the plea of a man who was being prosecuted for rape on a complaint filed by his erstwhile live-in partner with whom he shared a relationship for seven years..The top court also cautioned that the trend carries the risk of undermining the gravity of the serious criminal offence of rape.