Goa court discharges man accused of rape — ‘Law does not recognise marital rape’

A 30-year-old man in Goa has been acquitted of rape charges after a court ruled that Indian law does not recognize marital rape. The woman, who claimed her husband forced sexual intercourse upon her during their civil marriage, was discharged on Thursday.

According to the court, the woman alleged that the alleged sexual encounter took place following their civil marriage, which was solemnised on August 7, 2024. The victim had initially stated that her husband had no intention of performing the religious marriage and wanted to cancel it. The court observed that while the victim's decision to proceed with the marriage despite the alleged sexual assault might have moral repercussions, Indian law does not acknowledge marital rape.

The prosecution argued that between July 13, 2024, and August 6, 2024, the accused had forcibly had sexual intercourse with the complainant on multiple occasions and had threatened her with dire consequences. The prosecution further contended that the accused obtained the victim's consent through deception. However, the accused's legal counsel argued for his acquittal, stating that the accused was married to the victim on the date of filing the chargesheet and that the case had no merit.

The court agreed with the counsel, noting that if the sexual intercourse was indeed forcible, the victim would not have married the person who committed the act. The court also pointed out that the chargesheet was filed under Section 64 of the BNS (Bombay Special Marriage Act), which deals with rape, rather than Section 69, which addresses sexual intercourse through deceitful means.

The court further stated that since the complainant engaged in multiple instances of sexual intercourse with the accused under the claim that it was forcible, yet proceeded to marry him and never reported the incident to anyone, no offence was made under Section 69 of the BNS.

The court concluded that the charges against the accused were not established and that the victim could pursue her grievances in a civil court, where she could seek annulment or divorce proceedings.