Madras HC says repeated sexual relations do not automatically mean consent, warns against ‘romance fraud’

The Madras High Court has clarified that repeated sexual relations between an accused and a victim cannot be automatically interpreted as consensual. The court stressed that determining consent requires a deeper examination of the circumstances surrounding the relationship.

“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.

The judges highlighted that courts should assess the entire course of conduct. This includes how the relationship began, the intentions of the accused, and whether it was based on genuine affection or manipulation.


They emphasised that understanding the broader context is essential to determine whether consent was truly present or obtained through deceit.

The bench, sitting at the Madurai bench of the high court, also issued a caution to young people and their families about the dangers of ‘romance fraud’ and technology-driven relationships.

“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.

The court noted a growing trend of crimes linked to online platforms, including emotional manipulation and sexual exploitation.

“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.

Conviction in Kanyakumari Case Upheld

These observations were made while the court upheld a trial court’s decision convicting Kasi alias Suji. He was sentenced to life imprisonment in connection with a 2020 case involving sexual exploitation and extortion of multiple women in Kanyakumari district.

“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.

The court also reflected on the importance of privacy and dignity, linking it to both historical and modern contexts.

“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.

[With TOI inputs]