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Educated Woman Having Sex Multiple Times On Promise Of Marriage Isn’t Rape: Kerala HC

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An educated woman having sex multiple times on promise of marriage isn’t considered as rape, says the Kerala High Court, it can only be treated as consensual. Also, an uneducated woman cannot be cheated more than once or twice on the promise of the marriage, the court said while mounting out a conviction for rape.

Mutual sex

The court issued the order while considering an appeal filed by 31-year-old Ratheesh Ramachandran of Ernakulam challenging a sessions court’s order, giving him seven years imprisonment in a rape case.

A 27-year-old engineering graduate (the complainant) had supposed in August 2008 that she was taken to a hotel by Ratheesh where he had sex with her with force and also she was subsequently put through sexual intercourse thrice at her home.

She had attempted to commit suicide when he himself roll back from the promise to marry her in April 2008. The court said that this is a clear case of assent and issued a statement-:

“The letter clearly shows that she had an illicit affair with the accused and as part of this affair and unholy union, she had sexual intercourse with him on many occasions. Consent for sexual intercourse is well discernible from the letter admitted by the woman. During the trial, she admitted the authorship of the communication. This will show that she was not in fact taken to any hotel room, as she alleges in the complaint, and that she happened to make a complaint, and even gave a statement during the investigation only as instructed or tutored by her counsel”

The court further stated that the woman is well-educated and it was unbelievable that she could be easily cheated on the promise of marriage, sexual intercourse with the accused on many occasions at her home was with her consent.

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