TNN | Oct 9, 2012, 07.45AM IST
CHENNAI: Instances of long-time companions turning against their boyfriends, and accusing them of rape, are on the rise. Affairs gone sour, break-ups and failed live-in relationships are being taken to police by women, who charge their ex-boyfriends with rape, police say, conceding that such complaints are being lodged more frequently than before.
"We do try to strike a compromise between the man and woman, who are mostly young, but we are left with no choice if a woman sticks to her stance," a senior police officer said.
Recent examples include an IT company boss who was slapped with rape charges by his former employee, one year after she quit the job. There was also the case of a hearing impaired man who was booked for rape after he broke up with his long-time companion. She complained to the police that he deserted her after they had lived together virtually as man and wife.
Once an FIR is registered, the prospect of arrest gets real for the man in such cases. "An arrest can ruin his self-esteem , his business and public profile," said former special public prosecutor for human rights court V Kannadasan. "Of course police have no choice but to register a case, but arrest is entirely their discretion and it should be exercised most judiciously," he said, pointing out that a couple's intimacy for a prolonged period should be taken into account by police while probing such cases.
In the recent past, police have registered a case against controversial godman Nithyananda based on allegations made by an exdevotee . It is for the police to unearth the truth, given the fact she had claimed that the godman raped her 45 times. Another incident involves a private company boss, who was arrested on charges of rape. Interestingly, here too, the two complaints from as many ex-employees came more than a year after the alleged rape took place.
In a few of these cases, the alleged perpetrator of the crime and his victim may have shared an emotional or intimate relationship , thus blurring the line between sexual exploitation and a consensual affair.
The social context remains the fact that a large number of young professionals are increasingly living together or close to each other, say police. Sharing a roof or living-in as partners too is common in this age group, they say. But sometimes, such arrangements are brought to an end without mutual consent, leaving the couple bitter.
Treasurer of the Madras High Court Advocate Association T K S Sudha, admits that some women do lodge rape complaints with the motive of exacting revenge after a relationship sours. "The Supreme Court has approved live-in relationships to an extent, as it has held that the girl is entitled to claim maintenance from her live-in partner. But, to allege rape after being in such a relationship is taking the liberty too far. It is abuse,"
CASE HISTORY
Hearing impaired man gets arrested on rape charges after partner accuses him of going back on his promise to marry her A rape case was registered against controversial godman Nithyananda after a devotee claimed that she was raped 45 times Managing director of a private firm was arrested after two rape cases were filed by ex-employees, a year after the incident.
THE FINE PRINT
Section 375 of the Indian Penal Code lays down six circumstances to qualify for a rape. Of this, three are about consent, two about 'misconception' , and one is about the statutory age limit Poilce invoke Section 417 of IPC along with Section 376 (punishment for rape) while a man is arrested for rape. Section 417 deals with punishment for cheating and it prescribes a maximum imprisonment of one year with or without fine IF THE ALLEGED RAPE CONTINUED FOR DAYS OR TOGETHER WEEKS OR , MONTHS AT MOST IT COULD BE A CASE OF CHEATING OR BREACH OF TRUST
Link: When live-in turns sour, man becomes ‘rapist’
"We do try to strike a compromise between the man and woman, who are mostly young, but we are left with no choice if a woman sticks to her stance," a senior police officer said.
Recent examples include an IT company boss who was slapped with rape charges by his former employee, one year after she quit the job. There was also the case of a hearing impaired man who was booked for rape after he broke up with his long-time companion. She complained to the police that he deserted her after they had lived together virtually as man and wife.
Once an FIR is registered, the prospect of arrest gets real for the man in such cases. "An arrest can ruin his self-esteem , his business and public profile," said former special public prosecutor for human rights court V Kannadasan. "Of course police have no choice but to register a case, but arrest is entirely their discretion and it should be exercised most judiciously," he said, pointing out that a couple's intimacy for a prolonged period should be taken into account by police while probing such cases.
In the recent past, police have registered a case against controversial godman Nithyananda based on allegations made by an exdevotee . It is for the police to unearth the truth, given the fact she had claimed that the godman raped her 45 times. Another incident involves a private company boss, who was arrested on charges of rape. Interestingly, here too, the two complaints from as many ex-employees came more than a year after the alleged rape took place.
In a few of these cases, the alleged perpetrator of the crime and his victim may have shared an emotional or intimate relationship , thus blurring the line between sexual exploitation and a consensual affair.
The social context remains the fact that a large number of young professionals are increasingly living together or close to each other, say police. Sharing a roof or living-in as partners too is common in this age group, they say. But sometimes, such arrangements are brought to an end without mutual consent, leaving the couple bitter.
Treasurer of the Madras High Court Advocate Association T K S Sudha, admits that some women do lodge rape complaints with the motive of exacting revenge after a relationship sours. "The Supreme Court has approved live-in relationships to an extent, as it has held that the girl is entitled to claim maintenance from her live-in partner. But, to allege rape after being in such a relationship is taking the liberty too far. It is abuse,"
CASE HISTORY
Hearing impaired man gets arrested on rape charges after partner accuses him of going back on his promise to marry her A rape case was registered against controversial godman Nithyananda after a devotee claimed that she was raped 45 times Managing director of a private firm was arrested after two rape cases were filed by ex-employees, a year after the incident.
THE FINE PRINT
Section 375 of the Indian Penal Code lays down six circumstances to qualify for a rape. Of this, three are about consent, two about 'misconception' , and one is about the statutory age limit Poilce invoke Section 417 of IPC along with Section 376 (punishment for rape) while a man is arrested for rape. Section 417 deals with punishment for cheating and it prescribes a maximum imprisonment of one year with or without fine IF THE ALLEGED RAPE CONTINUED FOR DAYS OR TOGETHER WEEKS OR , MONTHS AT MOST IT COULD BE A CASE OF CHEATING OR BREACH OF TRUST
Link: When live-in turns sour, man becomes ‘rapist’
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