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saben
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On fire! |
Registered: May 2003
Messages: 1537
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Does someone need to be explicitly told no for it to constitute rape?
How much communication is required to understand that there is or is not consent?
What if you've been told yes, but then they change their minds without letting you know. They might still feel abused but is it still rape?
I'm talking both legally, but more importantly morally- what is abuse, what isn't?
Look at this tree. I cannot make it blossom when it suits me nor make it bear fruit before its time [...] No matter what you do, that seed will grow to be a peach tree. You may wish for an apple or an orange, but you will get a peach.
Master Oogway
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13796
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I think the answer to your first question depends on the law of each land.
The moral issue as opposed to the legal issue is highly complex. The right answer is probably along the lines of "If you would not have wanted this act on your person and would have expected them to understand clearly that whatever you said or did meant 'stop', then it is a sexual assault, potentially rape."
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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saben
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On fire! |
Registered: May 2003
Messages: 1537
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http://www.thisispembrokeshire.net/display.var.1351648.0.woman_tricked_into_sex_by_*****_cream_treatment.php
Odd situation. Quite a naive woman. But is it rape? At the time she wouldn't have thought so. It was non-consentual, but at the time it was consentual for what she thought it was. He's being charged for rape, though.
What about sleeping with someone then regretting it in the morning, "I never would have if I was sober". That's retroactively non-consentual.
What about "I went into A's friend's room (B) by mistake, B didn't stop me, I thought it was A, but I never would have slept with B if I would have known".
"I wanted to say no, but I had already said yes and didn't want to cause an issue".
Or "I wanted to say no, but I just did what he wanted because I was too scared. I just told him yes because that's what he wanted to hear". Assume that the "perpetrator" had no indication that it was non-consentual.
Look at this tree. I cannot make it blossom when it suits me nor make it bear fruit before its time [...] No matter what you do, that seed will grow to be a peach tree. You may wish for an apple or an orange, but you will get a peach.
Master Oogway
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13796
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It is seriously tempting to hope that darwin takes its course and this woman's genes die out. However she does have rights. This was sex by deception, and thus rape.
The situations of retrospective withdrawal of consent are tantampunty to raping the other party in a law court.
The "wrong room" one just does not hold water.
It's pretty simple. "Yes" means "yes" and "no means "no". The intent is maksed by the words. A red traffic light is not green if we wish it to be, nor is a green one red.
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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