Why India sees sex on false promise of marriage as rape

Submitted by Mastodon on Thu, 2019-04-25 06:03

Article here. Excerpt:

'The Indian Supreme Court recently answered this question with a "yes".

In a significant verdict, the court upheld a trial court order convicting a doctor of rape in the central state of Chhattisgarh because he had a consensual sexual relationship with a woman after he'd promised to marry her, but then went back on his word and married someone else.

Judges L Nageswara Rao and MR Shah said the woman gave her consent because she believed that the doctor intended to marry her, therefore, it could not be regarded as consent.
...
The Supreme Court judges advised the trial courts to "very carefully examine whether the man actually wanted to marry the victim or had malafide motives from the start and had made a false promise only to satisfy his lust".

This essentially means that if a man can prove that he intended to marry the woman but changed his mind later, then it's not rape. It's only considered rape if it's established that he had dubious intentions from the start.'

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So does this mean divorce retrospectively converts consentual sex to rape? Or are we now framing consent as "informed consent" similar to consent for surgcal procedures?

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Submitted by rabel111 on Fri, 2019-04-26 00:14

India has one foot in the 18th century and one in the 21st. I can see why young Indians want to come to the US to live and work. They are exposed to western media, values, porn, etc., via the Internet, yet are expected to be uber-conservative in personal choices and lifestyle. They can see places where life isn't so restrictive but can't live it.

Then of course they come to the US and get wigged out by how morally relaxed we are: ppl hold hands in public, kiss, etc. TV has loads of stuff on it that trounces all over their values -- and dating? Landmine city. Talk about culture clash.

Stuck between two worlds. But they prefer to stay here.

America's like that. Hard for new arrivals to get used to but they wouldn't trade their new freedom for anything.

In any case, stuff like this will be produced by the legal system in India for a long time to come. 8,000-YO civilizations don't just suddenly adopt a whole new value system inside one generation.

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Submitted by Matt on Fri, 2019-04-26 01:34