Intimacy Film: Justice Swarana Kanta Sharma, while dismissing the bail application of a rape accused, stated that consent does not allow for the misuse and exploitation of private images.
Without Any Consent Intimacy Filming Case in India
“Even if the complainant had given consent for sexual relations at any point, that consent cannot be interpreted as permission to capture and share inappropriate videos of her on social media.
Consent for physical relations does not extend to the misuse or exploitation of someone’s private moments or their portrayal in an inappropriate and derogatory way,” the court ruled in a verdict on January 17.
In this case, the accused claimed it was a situation where a “long friendly relationship” soured because the woman did not repay a loan he had given her. The court denied any relief, stating that even if the initial sexual relationship was consensual, the alleged subsequent actions of the accused were “clearly rooted in coercion and blackmail.”
Blackmail Case for Intimacy Filming
“While the first sexual encounter may have been consensual, the later ones were reportedly based on blackmail, with the accused using the videos to exert control over the complainant. The accused’s actions in creating the videos and using them to manipulate and sexually exploit the complainant clearly indicate a strategy of abuse and exploitation, going beyond any initial consensual interaction,” it noted.
It appeared, at first glance, that the accused had taken advantage of his relationship under the pretense of a loan transaction, but such an arrangement—even among friends—does not give one party the right to exploit the other’s vulnerability or dignity, the court concluded.
The court dismissed the accused’s argument that the woman’s marriage indicated she was mature enough to grasp the implications of her actions.
It stated that attempting to use her marital status and professional background to lessen the seriousness of the allegations was “unacceptable.”
The court emphasized that the complainant’s employment at a massage parlour could not be used to undermine the severity of the alleged crimes against her, especially since there was no evidence suggesting she was involved in any illegal activities.
The complainant claimed she was enticed by the accused, who also lent her Rs 3.5 lakh to enroll in a course, but later began to blackmail her into fulfilling his sexual demands.
She alleged that by the end of 2023, the accused traveled to Delhi, showed her an allegedly compromising video on his phone, and coerced her into having sex for two days while threatening to release the videos publicly.
He reportedly shared the content on social media platforms like Facebook, WhatsApp, and Instagram.
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