Consent For Physical Relations Doesn’t Include Sharing Private Videos
The Delhi High Court ruled that a woman’s consent for physical relations does not extend to capturing or sharing her private moments on social media. Justice Swarana Kanta Sharma emphasized that such actions constitute exploitation and misuse of privacy.
Case Overview
The Court denied bail to a man accused of rape and blackmail by a married woman. According to the FIR, the accused gave the woman money for a course, which she promised to repay after getting a job. He later used this financial transaction to manipulate and blackmail her.
The complainant alleged the accused forced her to undress during WhatsApp video calls and showed her intimate videos to coerce her into physical relations. He later defamed her by sharing these videos with people in her village and posting them on social media.
Court’s Observations
Consent for sexual relations does not imply consent to create or share inappropriate videos.
The accused’s actions of coercion and blackmail go beyond any initial consensual interaction.
Exploiting a loan transaction to manipulate or diminish someone’s dignity is unacceptable.
The accused weaponized the complainant’s marital status and profession to downplay the allegations, which the Court rejected.
Verdict
The Court dismissed the bail plea and directed the Director of FSL to expedite the forensic report to assist the investigation.
