unnatural sex medical evidence possible after 1 year

Tilak Marg Forum for Legal Questions Forums Criminal Law unnatural sex medical evidence possible after 1 year

Tagged: 

Viewing 1 reply thread
  • Author
    Posts
    • #3356

      I am cheated by my boyfriend in the name of love and marriage. 2010 he proposed to marry me, he wants to marry me after getting good job. He wants to do sex with me. But i didn’t accept ,and told him I can’t accept any sexual relations until our marriage was done. but he told me his ego hurted and also he demanded me, if you loves me, if you believe me truly then you should accept atleast anal and oral sex otherwise he want to commit suicide, threatened me like this. Then I accepted for that type of sex under influence of fear only. After 4years in 2015 he told me I don’t want to marry you, bcz lack of understanding between us. I said I want to complaint against you for cheated me. Then he threatened me, if i can file case against him, he post our photos and videos in social media. In that fear I can’t complaint against him. but our relationship was continued until 2016august. I went his village and asked justice to me, after that they talk to us and delay was happened. In February 2017 he met me, and once again he did anal and oral sex by forcefully. After that there is no relation between us. I can’t give any complaint against him in the fear of my photos and videos posting. But from 3 months he and his friends again blackmailed me in different ways. So I want to put case against him now. My doubt is after this long period the medical evidence was support me or not. In 5y he did approx 30times of anal and 30times of oral. But I have no experience on vaginal sex. Is medical evidence supports me or not. If the medical evidence don’t support that unnatural crime, then how can I fight for justice. plz tell me sir, what are the possibilities to get justice in my case, plz tell me, how can judge believe unnatural crime was happened on my body. And in unnatural offence consent is immaterial, then there is any problem to me accepting that sex for 30times in that fear created by him.

    • #3359

      Due to delay, of course, the evidence (specially the medical evidence) would be weak. But, there would be your verbal / direct evidence. Generally, in such cases, the evidence of the victim is given a substantial weightage. If you have some other evidence that also you can submit. You may try to get the medical examination also done, but this evidence may or may not be positive. There are cases where complaints in rape cases have been given after long delays, more so in similar technical rape cases wherein a false promise of marriage is given. You have to take a call whether or not you should try to file the FIR. You have to take a chance if there is no other option available to you. If needed, you may consult a local lawyer by sharing full details of facts with him.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

Viewing 1 reply thread
  • The forum ‘Criminal Law’ is closed to new Questions and replies.

You may also like to read these topics:

Suicide, Abetment and Attempt to Suicide
what is equivalent of innocence till proven guilty mandate/dictum in india?
sign on blank 50rs stamp paper in 2013
No call details record of complainant in the FIR/ charge sheet