The Supreme Court of India has ruled that one cannot force a female, who seems promiscuous in her sexual behavior, into a sexual relationship and nor has any person the 'licence' to rape her.  The apex court observed, 'even if the victim in a given case has been promiscuous in her sexual behavior earlier, she has a right to refuse to submit herself to sexual intercourse to anyone and everyone because she is not a vulnerable object or prey for being sexually assaulted by anyone and everyone.'

An accused Munshi and one more person were held guilty by the trial court for raping a 17 year-old woman. But the accused was set free by the High Court on the ground that the victim was promiscuous in her sexual behavior and had lost her virginity already. Unsatisfied with the HC decision, the Uttar Pradesh Government had filed the SLP in the Supreme Court.

A bench of Justices Arijit Pasayat and Mukundakam Sharma rejected the Allahabad High Court's acquittal order favoring the rape accused. The bench observed, 'even if it is hypothetically accepted that the victim had lost her virginity earlier, it did not and cannot in law give licence to any person to rape her.'