Court Rules "The Relationship Was Consensual"
Netizens Criticize, Saying "Legal Permission for Rape"
A man in his 20s who was imprisoned in India on charges of raping a minor has been granted bail after stating his intention to marry the now-adult victim, sparking controversy.
According to the South China Morning Post (SCMP) and other sources on May 28 (local time), the High Court of Odisha in eastern India granted one month of bail to Mr. A (26), who had been incarcerated two years ago on charges of raping a minor. Mr. A stated his intention to marry Ms. B as the reason for his bail application and claimed that both families had agreed to the marriage. The court announced that it granted bail after determining that their relationship was not coercive and was consensual. The court explained, "Legally, the charges against Mr. A are serious, but the age difference between the accused and the victim is not significant, and they had a personal relationship before the incident occurred," adding, "Considering the possibility of reconciliation and the agreement between the families, granting bail does not undermine the dignity of the victim."
Mr. A began a sexual relationship with Ms. B (22), who was 16 years old at the time in 2019, after promising to marry her. Ms. B became pregnant twice, in 2020 and 2022, and claimed that Mr. A forced her to undergo abortions. Mr. A was arrested in 2023 under the Protection of Children from Sexual Offences Act (POCSO), which applies to those who sexually abuse or exploit minors under the age of 18. Marriage under the age of 18 is also prohibited by law in India.
This court decision has sparked serious backlash in Indian society. In India, there are frequent cases where courts grant bail or reduce sentences if a sex offender expresses an intention to marry the victim. In 2021, then-Chief Justice of India Sharad A. Bobde caused controversy by asking a defendant accused of rape whether he would consider marrying the victim. In the same year, there was also a case where a man who had committed rape killed his wife just six months after marrying the victim; at that time, the man had been released on bail after only three months of imprisonment on the condition that he marry the victim.
One Indian netizen criticized the recent bail decision, saying, "When a woman reports sexual assault, the court is essentially allowing the perpetrator to 'legally rape' the victim." The conservative Indian online media outlet OpIndia also pointed out, "The court is deeply entrenched in patriarchal bias," and added, "Indian courts are undermining legal trust regarding sex crimes by granting bail to perpetrators for the absurd reason that they will marry the victim." India has yet to criminalize marital rape, making it difficult for victims to receive legal protection in cases of rape within marriage.
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