My boyfriend raped me. He had sex with me promising to marry me when I was only 17 for approx 3 years and then left me for no reason. My date of birth is xxx and his dob is xxx. Can I sue him for rape? Am I thinking right to charge him for rape case?
Rape is a serious offence under the Indian Penal Code, and it is considered to be an act of violence against another person. If a person has sexual intercourse with a minor, it is considered statutory rape, regardless of whether the minor gave consent or not.
The age of consent in India is 18 years, and any sexual activity with a person below this age is considered to be a criminal offence. Even if the minor has given their consent to the sexual activity, it is still considered rape under the law.
The Indian Penal Code (IPC) defines rape under Section 375, which states that sexual intercourse or any sexual act with a woman under any of the following circumstances is considered as rape:
- Without her consent
- With her consent, obtained by putting her in fear of death or hurt
- With her consent, obtained by deceit
- With her consent, given under intoxication or unsoundness of mind
- With her consent, given under a misconception of fact
Section 376 of the IPC provides for the punishment for the offense of rape, and the punishment can range from seven years to life imprisonment, depending on the gravity of the offense. In cases where the victim is a minor, the punishment is more severe.
When you were in a relationship with your boyfriend, he committed rape by having sexual intercourse with you by promising to marry you. However, according to the Indian Penal Code 1860, a person commits rape when they penetrate their penis into the vagina, mouth, urethra or anus of a woman without her consent. Consent is crucial in any sexual act, and if a woman gives her consent, then it is not considered rape.
However, if the accused takes a woman’s consent by fraud or false promise, then her consent becomes immaterial. In your case, your boyfriend promised to marry you to obtain your consent, which constitutes a fraudulent act. Even if he later on wants to perform his promise but you refuse, he has still committed rape. Furthermore, since you were only seventeen years old at the time, and hence a minor, your consent is immaterial under the law.
Therefore, you can register an FIR under section 376 of the IPC, which is a cognisable and non-bailable offence. The investigating officer will conduct an investigation, and if found guilty, your boyfriend will be punished under the law.
