The Supreme Court, on Friday, ruled that consensual sex during a functioning relationship cannot be retroactively branded as rape after the relationship ends, dismissing rape and cheating charges against Kerala resident Santosh Kumar N P, who had been accused of cohabiting with a woman from 1996 to 2003 while allegedly hiding an earlier marriage.
The bench, composed of Justices B V Nagarathna and R Mahdevan, cited the case where the woman, a former divorcee, claimed the man had deceived her into believing he was legally married, then married her for a second time and engaged in sexual intercourse, allegations that the prosecution presented as fraud and breach of trust.
In its judgment, the Court distinguished cases where consent is obtained through deception from those where a couple later regrets past consensual acts; it held that "physical intimacy that occurred during the currency of a functioning relationship cannot be retrospectively branded as an act of rape merely because the relationship soured."
The Court warned that converting failed relationships into rape cases dilutes the gravity of the offence and that rape should be reserved for situations involving real violence, coercion or manipulation of consent, a stance that could curb a growing trend noted by the bench.
Santosh Kumar N P has already filed a petition with the Supreme Court challenging the Kerala High Court’s dismissal of his discharge petition; the Court has now accepted the case for review, and a decision is expected in the coming weeks.