Chennai: The Madras High Court has made an important observation that repeated sexual relations between an accused and a victim cannot automatically be treated as proof of consent. The court clarified that valid consent cannot be determined merely on the basis of the number or duration of encounters, but requires a detailed examination of the circumstances, the nature of the relationship and whether the choice was made freely.
During the hearing before the Madurai Bench, a division bench comprising Justice N Anand Venkatesh and Justice K K Ramakrishnan said that courts must examine how the relationship began, the intention of the accused, and whether the relationship was based on genuine affection or was created through deception, pressure or manipulation.
The court observed that consent is legally valid only when it is based on a free and informed decision. If a person is drawn into a relationship through deception, intimidation, coercion or emotional exploitation, such consent cannot be considered genuine in the eyes of law.
The High Court made these observations while upholding the life imprisonment sentence awarded by the trial court to accused Kasi alias Suji. He was convicted in connection with a 2020 case involving allegations of sexual exploitation, fraud and extortion of multiple women in Kanyakumari district.
The court described the case as an example of “rape by deception”, sexual exploitation and what is commonly referred to as “romance fraud”. The bench noted that in the digital era, criminals often create fake emotional connections to gain the trust of victims and later exploit them.
The court also cautioned young people and families about the risks associated with online relationships. It observed that social media platforms and digital communication have made interactions easier, but they have also created opportunities for deception, emotional manipulation, misuse of private images and cyber blackmail.
The bench highlighted that cases involving online luring and emotional exploitation are increasing. It stressed that awareness, caution and timely reporting of such offences are essential to prevent victimisation.
The High Court specifically emphasised the importance of privacy and dignity, stating that individuals must protect their personal information and emotional trust in the digital world. The court observed that misplaced trust in the wrong person can lead to prolonged suffering.
During the proceedings, the court also noted that privacy and dignity are fundamental aspects of human life. With the growing use of private images, videos and digital communication, individuals need to remain more cautious about their online safety.
Experts said that in online romance fraud cases, criminals often establish emotional relationships with victims through social media platforms, messaging applications and other digital channels. After gaining trust, they may misuse personal information for financial fraud, sexual exploitation or blackmail through private content.
According to experts from the Future Crime Research Foundation (FCRF), people should exercise caution before sharing personal information in digital relationships. Verifying the identity, background and claims of an individual before making emotional or financial commitments is extremely important to avoid exploitation.
The Madras High Court’s observations are being considered significant in cases related to consent, privacy and technology-enabled crimes. The court made it clear that consent in any relationship cannot be judged merely by external circumstances but must be assessed on the basis of free will, surrounding facts and the complete sequence of events.
