Woman’s Sex Life Can’t Be Reason To Absolve Rape Accused: HC

Kochi: The Kerala High Court on Thursday convicted a man for repeatedly raping his daughter which resulted in her becoming pregnant.

Observing that a father is expected to be the “fortress and refuge” of his daughter, the court argued that a woman or girl being of easy virtue or habituated to sexual intercourse cannot be reasons to absolve someone of rape.

Justice R Narayana Pisharadi noted that a father raping his daughter was worse than a gamekeeper becoming a poacher or a treasury guard becoming a robber.

The victim’s father claimed that he was being falsely implicated as his daughter has admitted to having a sexual relationship with another person.

But the court rejected his claims of innocence pointing out that DNA analysis of the baby, born as a result of the sexual assault, had revealed that the man was the infant’s biological father.

“Even in a case where it is shown that the victim is a girl of easy virtue or a girl habituated to sexual intercourse, it may not be a ground to absolve the accused from the charge of rape. Even assuming that the victim is previously accustomed to sexual intercourse, that is not a decisive question,” Justice Pisharadi remarked.

“On the contrary, the question which is required to be adjudicated is, did the accused commit rape on the victim on the occasion complained of. It is the accused who is on trial and not the victim.”