The Bombay High Court observed on Thursday that it is not rape but mutual consent when an educated woman does not say “no” and agrees to have sexual relations with a man. The court was hearing a plea filed by a 25-year-old man from Solapur accused of rape, cheating and criminal intimidation by his former 24-year-old partner from Mumbai. He was granted pre-arrest bail in the case.

In her complaint, the woman alleged that they got into a physical relationship soon after they met in March last year because the man had promised to marry her. She also claimed he forced her to get an abortion in May when she conceived. She further said he assaulted her when she refused his advances. The woman then filed a complaint in the local police station.

Justice Mridula Bhatkar, who was hearing the plea, differentiated between rape and consensual sex and said when the case is looked at in the western context, it is consensual. “When you are educated, you have the right to say no. It is not rape, but mutual consent,” she said. The accused was asked to pay Rs 25,000 as surety and not harass the complainant in any manner.