Home | Legal Advice | Criminal Law | Boyfriend raped me when I was a minor

Boyfriend raped me when I was a minor

Shivendra Pratap Singh


15/03/2020/ 11:07:56 PM

Reading Time:

My boyfriend raped me. He had sex with me promising to marry me when I was only 17 for approx 3 years and then left me for no reason. My date of birth is xxx and his dob is xxx. Can I sue him for rape? Am I thinking right to charge him for rape case?

Your boyfriend has committed rape. According to section 375 of the Indian Penal Code 1860, when a person penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman commits rape. 

When the woman gives her consent

When the accused is in a sexual relationship with the consent of the woman he does no offence of rape. Consent plays a crucial part in the offence of rape. If the victim gives her consent then she cannot say that the accused has raped her. 

No rape when the woman gives her consent“Consent has to be categorical, unequivocal, voluntary and could be given by words, gestures or any form of verbal or non-verbal communication signifying willingness to participate in a specific sexual act.” [Mahood Farooqui vs State]

Taking consent by playing fraud

When accused takes woman’s consent by fraud or false promise then her consent becomes immaterial. Taking consent by the false promise of marriage is also a fraud. When the accused does not want to marry the woman at the time of giving such promise he plays a fraud. If he, later on, wants to perform his promise but the woman has refused all the same the accused has committed the rape.

No consent if the woman is minor

If the age of a woman is below eighteen years (minor) at the time of the sexual act, her consent is immaterial. A minor girl considers incompetent in giving consent to establish a sexual relationship. Therefore, the accused commits the rape even if he took her consent. 

minor girl is incompetent to give her consent

At the time of the incident, your age was seventeen years. You were minor so your consent does not exonerate him from the offence. You said that boyfriend raped me on false promise of marriage. Your consent is immaterial and he committed the rape even you have given consent. 

Lodge an FIR

You should register an FIR under section 376 of the IPC. It is a cognisable and non-bailable offence. The investigating officer shall complete the investigation within two months.

shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CRD?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Can I lodge an FIR after ten years of incident?

Question: My boyfriend had raped me in my PG when I was studying in engineering college. Now I have joined a multinational company and am working in Bangalore. He has traced me and is now trying to establish a relationship. I am married and a mother of two childs. Can...

Whether prostitute’s customer commits offence

Question: Police is calling prostitute’s customer. The police said that it is an offence under Section 3/4/5/7 of the Immoral Traffic Prevention Act. I want to know whether prostitute’s customer commits offence if he had sex with her? Mrs X is doing some sort of...

Conviction in violation of Section 50 NDPS Act

Question: Please advise whether I have any remedy against the conviction in violation of Section 50 NDPS Act. On 2nd April 2018 Mr. Takunichi was on his way to Changlang from Itanagar travelling in a white Scorpio bearing registration No. XXXX. His friend Mr. Dikunima...

My wife has filed false FIR

Question: My wife has filed false FIR under Section 498A/406 IPC. Section 3 & D P Act, against me and my old aged ill widow mother. I am the only child and my wife and her parents are hell-bent to take divorce. She wants to remarry. Hence they told me they will...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.