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  • Sexual Consent Does Not Include Recording Or Sharing Intimate Moments, High Court Affirms

Sexual Consent Does Not Include Recording Or Sharing Intimate Moments, High Court Affirms

Delhi High Court rules that consent for sex does not include permission to film or share private moments, emphasizing privacy and dignity protection.

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Sexual Consent Does Not Include Recording Or Sharing Intimate Moments, High Court Affirms

Manish Sisodia


In a landmark judgment, the Delhi High Court has asserted that consent to engage in sexual relations does not extend to the filming, sharing, or public posting of intimate moments. The ruling, delivered by Justice Swarana Kanta Sharma on January 17, comes as a significant clarification of the boundaries of consent, emphasizing that the misuse and exploitation of private images without explicit permission is unacceptable, irrespective of prior sexual consent.

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The case before the court involved a rape accused who had sought bail, claiming that his actions were part of a “long friendly relationship” that had turned sour due to a loan repayment dispute. However, the court dismissed the bail plea, firmly stating that while initial sexual consent may have been granted, it did not provide authorization for the accused to record or share videos of the complainant.

Justice Sharma stated, “Even if the consent for sexual relations had been given at any point in time by the complainant, such consent cannot, in any manner, be construed as consent to capture and post her inappropriate videos on social media platforms.” The court’s statement reinforced the idea that one’s right to privacy and dignity should never be compromised by another’s actions, especially in intimate relationships.

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The court underscored that the alleged subsequent acts of the accused—filming intimate videos and using them for coercion and blackmail—constituted a clear violation of the complainant’s privacy and a gross abuse of power. “The accused’s actions… reflect a strategy of abuse and exploitation, transcending any initial consensual interaction,” the court declared.

In this case, the accused allegedly took advantage of the complainant’s vulnerability, initially luring her with the promise of a loan for a course and then later coercing her into sexual acts by showing her videos and threatening to make them public. The court described this as an instance of blackmail and exploitation, noting that the accused used the videos to manipulate and sexually exploit the complainant.

Despite the initial consensual sexual relationship, the court emphasized that the accused’s actions were rooted in coercion and manipulation. The court highlighted that the accused had exploited the relationship under the pretext of a loan transaction, but this did not grant him the right to infringe on the complainant’s dignity.

The accused had attempted to justify his actions by stating that the woman, being married, was mature enough to understand the significance of her actions and the implications of her consent. The court swiftly rejected this argument, emphasizing that an individual’s marital status should not be used to diminish the gravity of such serious offenses. The court also dismissed the notion that the complainant’s profession, working at a massage parlour, could be used as a justification to minimize the severity of the allegations. The court made it clear that the woman’s professional background had no bearing on the legitimacy of the accusations, especially when there was no evidence to suggest any illicit or unlawful activity on her part.

The complainant alleged that by the end of 2023, the accused had come to Delhi and threatened to release the intimate videos of her on social media. He reportedly used platforms such as Facebook, WhatsApp, and Instagram to post the videos, further exacerbating the harm done to her.

This case has raised important questions about consent and privacy in the digital age. It is a stark reminder that consent for sexual relations cannot and should not be assumed to include consent for any form of video recording or sharing of intimate moments. The ruling also affirms the importance of protecting individuals from exploitation, coercion, and blackmail, irrespective of their background or relationship status.

The Delhi High Court’s ruling serves as a crucial step in defining the limits of consent and setting a precedent for future cases involving the misuse of private images and videos. It highlights the need for stringent protection of an individual’s privacy, dignity, and rights, particularly in the context of intimate relationships. As society becomes increasingly digitized, it is essential for legal frameworks to adapt and ensure that the exploitation of personal moments through technology is firmly prohibited.

ALSO READ: ‘Chopped And Boiled Her’, Hyderabad Man’s Disturbing Confession On Wife’s Murder


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