MADURAI: Repeated sexual intimacy does not mean a is consensual between an accused person and the victim, Madras high court has said. “The surrounding circumstances in which the acts occurred, the absence of free and informed choice, and the existence of coercion, deception, or intimidation must all be carefully evaluated before concluding that there was valid consent in the eye of law,” said a division bench of Justice N Anand Venkatesh and Justice K K Ramakrishnan on Tuesday. Courts must examine the parties’ entire course of conduct, including how the relationship began, the accused’s intentions and whether the relationship was founded on genuine affection or calculated deception, the judges said. The judges, sitting at the Madurai bench of the high court, also cautioned youngsters and their families against ‘romance fraud’ and asked them to exercise utmost caution while getting into online or tech-facilitated relationships. “The court considers it appropriate to make a humble but earnest appeal to all young girls and women. No matter how deep the affection, trust, or promise of confidentiality may appear, intimate photographs or videos should never be shared with anyone through electronic means. Once such material leaves one’s exclusive control, it can easily be misused, leading to irreversible consequences for the victim’s privacy, dignity, and mental well-being. Prevention is always better than the arduous process of seeking legal redress after such trust has been betrayed. “The court, therefore, respectfully urges every young girl and woman to exercise the utmost caution in safeguarding their privacy and dignity in the digital world. A moment of misplaced trust should never become a lifetime of suffering,” the judges observed. “In the present era of rapid technological advancement and widespread use of social media platforms, courts are increasingly confronted with offences involving online luring, emotional manipulation, sexual exploitation, and cyber-enabled blackmail,” said a division bench of Justice N Anand Venkatesh and Justice K K Ramakrishnan on Tuesday. “The exponential growth of digital communication and the use of social media have undoubtedly enriched human interaction; however, it has also created opportunities for exploitation through deception, emotional manipulation, coercion, non-consensual recording of intimate images, and threats of their dissemination. Awareness, vigilance and timely reporting of such offences are indispensable to prevent victimisation. The appeal is made not only in the interest of women, who are often disproportionately targeted by such crimes, but equally in the interest of all members of society who may become victims of technology-enabled sexual exploitation,” the judges said. The court made the observations while confirming a trial court order convicting one Kasi alias Suji and sentencing him to undergo imprisonment for life in a case of sexual exploitation and extortion from several women in Kanyakumari district in 2020. “This case presents a classic illustration of rape by deception, rape by fraud, sexual extortion, and what is commonly described as ‘romance fraud’, the judges said. “From the very dawn of human civilization, it has been recognised that modesty and privacy are integral to human dignity. The Biblical account of Adam and Eve symbolically reflects this truth: after becoming conscious of their nakedness, they covered themselves with leaves, signifying the innate human instinct to preserve personal privacy and modesty. As civilisation evolved, clothing came to represent not merely a physical necessity but an essential attribute of human dignity and social order. Regrettably, in the present digital era, some unscrupulous individuals exploit the trust and emotional vulnerability of young girls and women,” the judges observed. Considering the wider public importance of the issues involved, the court delivered a portion of the judgement in English, Tamil and Hindi. The court also expressed regret for not being able to exercise translation in all regional languages in the country owing to paucity of time.
