'Consent for sex doesn't extend to filming act': Delhi HC
What's the story
In a landmark ruling, the Delhi High Court has said that consent for a sexual relationship doesn't mean consent to film or share intimate moments online. The verdict was pronounced as the court denied bail to a 26-year-old man accused of rape. The case pertained to allegations that the accused blackmailed a woman with obscene videos of her after lending her ₹3.5 lakh.
Consent misuse
Court highlights distinction between consent and exploitation
Justice Swarna Kanta Sharma emphasized 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." The court noted that despite the first sexual encounter being consensual, subsequent acts were allegedly based on blackmail. The accused reportedly used videos to manipulate and exploit the complainant.
Financial dispute
Court dismisses accused's claims of financial dispute
The accused had defended himself, saying the allegations were false and arose out of a financial dispute. However, Justice Sharma shot down this argument, saying exploiting someone's vulnerability in the name of loan transaction is unacceptable. The court held that even if the relationship started consensually, later actions were coercive and exploitative.
Allegation severity
Court rejects attempts to diminish seriousness of allegations
Further, the court rejected arguments that attempted to minimize the seriousness of the allegations on the basis of the complainant's marital status or profession. It stressed that working in a massage parlor did not warrant any wrongful assumptions about her character. The complainant alleged that by late 2023, she was coerced into sexual acts under threats of releasing objectionable videos on Facebook, WhatsApp, Instagram, etc.