Consent given by a woman when establishing sexual relationship does not include her consent to shoot inappropriate photos of her or posting her videos online.
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While deciding a bail plea, the Delhi High Court recently observed that the consent given by a woman while engaging in a sexual relationship shall not be deemed as her consent to shoot her inappropriate photographs or videos or posting them on social media.
Facts of the case-
- A 26 year-old man applied for bail plea in a rape case which has been filed by a woman in 2024.
- The woman claimed that the accused gave her a loan of Rs 3.5 lakhs, however later started to blackmail her and compelled her to establish a sexual relationship with him
- It was also mentioned by the complainant that the accused during one incident instructed her to undress while on a video call and blackmailed her to establish relations while threatening to leak her video online.
- Later, according to the complainant, the accused released her inappropriate video on social media platforms.
- In his bail petition filed in the Hon’ble High Court, the accused asserted that the allegations raised against him are false and vague.
- It has been claimed in the petition by the accused that the parties were in a consensual relation and that this long friendly relation of their turned sour over the matter of money. Also, a false complaint has been filed against him as the woman failed to return the amount loaned.
- On behalf of the police, Additional Public Prosecutor Raj Kumar, explained that the accused not only blackmailed the complainant but had also captured inappropriate videos of the victim.
Judgement by the Court-
- Justice Swarna Kanta Sharma, while passing a 9 page verdict, refused to grant bail to the man while observing that even if consent was given by the complainant at earlier stage, however subsequent sexual relationships were not consensual and were established under duress, as the accused threatened the victim with her videos.
- The Bench observed that, “consent to engage in physical relations does not extend to the misuse or exploitation of a person’s private moments or their depiction in an inappropriate and derogatory manner,”.
- “While the first sexual encounter may have been consensual, the subsequent ones were allegedly based on blackmail, with the accused taking advantage of the videos to exert control over the complainant. The accused’s actions in preparing the videos and using them to manipulate and sexually exploit the complainant prima-facie reflects a strategy of abuse and exploitation, transcending any initial consensual interaction,” the court held.
- In conclusion, the Court observed that the act of preparing videos of the victim by the accused and using them to manipulate and exploit her, itself speak of the abuse and exploitation committed, thereby overshadowing any consensual interaction between them at the initial stage.
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