Failed relationships cannot turn consensual sex into rape: Supreme Court
New Delhi The Supreme Court on Friday (October 30, 2026) held that women cannot convert consensual sexual acts into rape after the relationship turns sour. “We wish to note a worrying trend in recent years wherein consensual relationships that have come to an end are retrospectively combed with a fine tooth so as to identify what can post-facto be construed as violence and sexual assault,” Justice B.V.
Nagarathna observed in a judgment. Where is question of offence when there is consensual relationship? Supreme Court asks Where is question of offence when there is consensual relationship? Supreme Court asks The Supreme Court issued a notice in the matter and asked the parties to explore if a settlement could be reached between the petitioner and the accused Where is question of offence when there is consensual relationship?
Supreme Court asks storyline 1 The verdict came in a case from Kerala in which a man was accused of repeated instances of rape during a seven-year relationship which didn’t work out. The complainant had said that she was kept in the dark about the fact that he was already married and a father to two children from the previous marriage. Justice Nagarathna said a clear distinguishing line must be drawn between an absence of consent because it was got by deception, and the experience of regret over having consented to past sexual acts after the relationship ends.
“While the latter scenario is unfortunate, such hindsight on its own cannot constitute a consensual relationship as a crime… 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,” the court observed. Physical intimacy that occurred during a relationship cannot be retrospectively branded as acts of rape merely because the relationship soured and no longer subsists, the court concluded.
“This court has time and again witnessed the disturbing trend where failed relationships are being converted into criminal cases. Rape, being a heinous offence, must be reserved for situations where there is real sexual violence, coercion, or manipulation of consent. When every consensual relationship which sours is converted into an accusation of rape, it not only dilutes the gravity of the offence alleged, it also subjects the accused to irreparable stigma, harassment and injustice,” Justice Nagarathna pointed out in the judgment.
Consensual pre-marital relationship is not a blot on character, says Supreme Court Consensual pre-marital relationship is not a blot on character, says Supreme Court The top court observes that premarital relationships are common in contemporary society and cannot be used as a pretext to cast aspersions on a person’s character Consensual pre-marital relationship is not a blot on character, says Supreme Court storyline 1 However, the court also sounded a note of caution, saying rape was one of the most under-reported crimes and struck at the core of a woman’s bodily autonomy and dignity.
“For every case where the provisions related to rape are misused, there are several cases that never see the light of day. We must emphasise that genuine cases must be pursued with vigour where the facts clearly show sexual assault and violence. But equally, the justice system must not be turned into a tool of vengeance when relationships fail,” Justice Nagarathna observed. eom
