Consent for Intimacy Does Not Imply Consent for Recording, capturing private moments and posting them on social media: High Court

PTI, January 22, 2025: The Delhi high court has significantly held the consent to have sex doesn't allow capturing private moments and posting them on social media.

Justice Swarana Kanta Sharma while dismissing the bail application by a rape accused said consent did not extend to permitting misuse and exploitation of private images.

 

"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. Consent to engage in physical relations does not extend to the misuse or exploitation of a person's private moments or their depiction in an inappropriate and derogatory manner," the court held in a January 17 verdict.

The accused, in the present case, alleged it was a case of a "long friendly relationship" turning sour owing to the woman failing to repay a loan he gave her.

Refusing to grant any reprieve, the court said even if the initial sexual relationship between the parties was consensual, the alleged subsequent acts of the accused were "clearly rooted in coercion and blackmail".

"While the first sexual encounter may have been consensual, the subsequent ones were allegedly based on blackmail, with the accused taking advantage of the videos to exert control over the complainant. The accused's actions in preparing the videos and using them to manipulate and sexually exploit the complainant prima-facie reflects a strategy of abuse and exploitation, transcending any initial consensual interaction," it said.

It prima facie appeared that the accused had exploited his relationship under the guise of a loan transaction but such an arrangement -- even between friends -- did not entitle one party to exploit the other's vulnerability or dignity, the court said.

The court rejected the accused's plea that being married, the woman was mature enough to understand the significance of her actions, and said an "attempt to weaponise" her marital status and professional background to diminish the gravity of the allegations was "unacceptable".

The mere fact that, said the court, the complainant worked in a massage parlour could not be used to diminish the seriousness of the alleged offences committed against her when there was no evidence of her engaging in illicit or unlawful activities.

The complainant alleged she was lured by the accused who also gave her Rs 3.5 lakh in loan to enrol in a course but subsequently began blackmailing her to comply with his sexual demands.

She alleged by 2023 end, the accused came to Delhi and showed an allegedly objectionable video of her on his cellphone and forced her to have sex for two days while threatening to make the videos public.

He reportedly posted the content on social media platforms such as Facebook, WhatsApp, and Instagram.