Samantha Ray Mears allegedly made her ex-boyfriend undress and have sex with her while she brandished a machete Picture: A bench of acting chief justice Gita Mittal and C Hari Shankar said that in a relationship like marriage, both man and woman have a right to say 'no' to physical relations. She had somehow broken into the house while he was away, he said, and when he opened the door and walked into his room she confronted him from behind and held the machete to his neck. The man told police that once she told him to undress she ordered him onto the bed. The court's observation came while hearing pleas seeking to make marital rape an offence and others opposing it. Earlier, Kolkata-based NGO Hridaya had also opposed the plea to make marital rape an offence, saying consent for physical relations is for all time when a person enters the institution of marriage.
The High Court had earlier agreed to examine the issue raised in PILs by advocate Karuna Nundy, who represented RIT Foundation and the All India Democratic Women's Association, and a man and a woman, who have sought striking down the exception in the Indian penal law that does not consider sexual intercourse with a wife, not less than 15 years of age, as rape. The HC also held that physical force is not necessary for constituting the offence of rape. She has been charged with felony aggravated burglary as well as assault with a weapon, and could face further charges of sexual intercourse without consent. She claimed that she was the victim, had been kidnapped by her ex, and was using the machete in a bid to defend herself, reported KFBB. She had somehow broken into the house while he was away, he said, and when he opened the door and walked into his room she confronted him from behind and held the machete to his neck. Republication or redistribution of PTI content, including by framing or similar means, is expressly prohibited without the prior written consent. Mears then took off her pants, climbed on top of him and started having sex with him, still holding the machete, the affidavit alleges. Later, she files a rape case against the husband, what will happen," the court said. If a man puts his wife under financial constraint and says he will not give her money for household and kids expenses, unless she indulges in sex with him and she has to do it under this threat. It did not agree with the submission of NGO Men Welfare Trust, which is opposing the plea to make marital rape an offence, that in spousal sexual violence, the use of force or threat of force are important elements to constitute the offence. The Centre has opposed the main petitions saying marital rape cannot be made a criminal offence as it could become a phenomenon which may destabilise the institution of marriage and an easy tool for harassing the husbands. She allegedly told police the man kidnapped her and then gave her a machete to protect herself, according to the Great Falls Tribune. Samantha Ray Mears allegedly made her ex-boyfriend undress and have sex with her while she brandished a machete Picture: NDTV Beeps - your daily newsletter. It is not necessary to look for injuries in a rape. Share this article via email Share this article via flipboard Copy link A woman with a machete used it to threaten her ex-boyfriend into having sex with her, police say. The man will have to prove that she was a consenting party," the bench observed. He complied because he feared what she might do to him. Google Maps According to a police report, officers who spoke to Mears were concerned she was suffering from a mental illness. Police say Mears fled the unidentified man's home just as the cops were pulling up to his house. The NGO's representatives Amit Lakhani and Ritwik Bisaria argued that a wife already has protection from sexual violence in a marriage under the available laws, including Prevention of Women from Domestic Violence Act, harassment to married woman, sexual intercourse with wife without her consent while she is living separately and unnatural sex. Can you force your spouse to have sex? He pretended to call a friend, but actually dialed , and slowly backed out of the room before escaping. Great Falls PD Her boyfriend, who has not been named, later told police that he was terrified she would use the blade on him if he tried to leave the room. Mears has a history of assault charges against the man, who she had been dating for approximately seven years, the Great Falls Tribune reported.
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