'She Can Understand the Morality of Her Act': Allahabad HC Blames Woman for Rape

New Delhi: The Allahabad high court recently claimed that a woman had "invited" trouble by agreeing to go to her alleged rapist's house and was in a position to understand the morality of her "act", Bar and Bench has reported.

Justice Sanjay Kumar Singh also granted bail to the man accused with raping the woman, who he had met at a bar in New Delhi. The arrest took place in December, 2024, on the basis of the complaint filed by the woman based on an incident in September 2024.

The woman, a university student, said in her complaint that the accused had been trying to get closer to her all evening. At around 3 am, the woman, who was intoxicated, acceded to his entreaties and went to his house to rest. She alleged that he touched her inappropriately and raped her at his relative's house in Gurugram.

“This Court is of the view that even if the allegation of the victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same," Singh said.

The judge then took note of physical evidence long since believed to be outdated. "Similar stand has been taken by the victim in her statement. In her medical examination, her hymen was found torn but the doctor did not give any opinion about the sexual assault,” he said.

Medical experts have emphasised that a torn hymen is not definitive evidence of sexual activity or assault. It is unclear why the judge mentioned this.

Significantly, the court also claimed that because the victim is a postgraduate student, she was competent enough to understand “the morality and significance of her act”.

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