Court decision: Sexual contact with consent is not rape

"Sexual contact with consent cannot be considered rape." – Supreme Court of Nepal

In a recent landmark decision, the Supreme Court of Nepal has clearly stated that sexual contact that occurs on the basis of mutual consent cannot fall under the definition of rape as provided by the legal provisions on sexual offences (such as Section 219 of the Criminal Code, 2075). To establish the offence of rape, the law requires certain essential elements—such as use of force, threats, coercion, unlawful restraint, or the victim’s clear refusal. According to the Court’s reasoning, if two adults engage in sexual activity based on mutual understanding, without pressure, force, threats, manipulation, or deception, and with clear and voluntary consent, such conduct cannot be categorized as a criminal act of rape.

Through this precedent, the Court re-emphasized the fundamental legal principle of consent in sexual-offence cases. Consent means a clear, voluntary, and freely expressed intention—an essential standard in law, social values, and personal autonomy. The Court noted that criminalizing consensual relations goes against the purpose of the law and could weaken the legal protection of actual victims of sexual violence.

This decision sends a clear message that in assessing the nature of a relationship between two individuals, the central questions must be: Was there consent? Was the consent free and voluntary, or was it influenced by pressure or coercion? This precedent also provides guidance for investigation, prosecution, and judicial interpretation in rape-related cases.