rape: a matter of opinion

[Az]

Originally posted by Buck Birdseed
She might be unconcious, drunk beyond belief or incredibly scared because of the violence being committed against her. Still rape.

If she's being beaten or something, duh. But we're not talking about cases like this. Same with unconscious or drunk (I wonder if two people who are drunk do this, is anyone at fault, though).

I am talking about two people getting it on, no violence, no nothing, and then an accusation of rape

In any case, I don't see how can this be proven, really.... either way.

[chequita guevara]

There's nothing left to debate. With that last sentence, he admits he raped her. I think of lot of you Polytubbies owe the woman an apology.

[chequita guevara]

Originally posted by Lorizael
She was not raped.

Except for the fact he just admitted he raped her.

[Az]

There's nothing left to debate. With that last sentence, he admits he raped her. I think of lot of you Polytubbies owe the woman an apology.

o_O

[Flubber]

Originally posted by Buck Birdseed
She might be unconcious, drunk beyond belief or incredibly scared because of the violence being committed against her. Still rape.

I agree. Unconcious and drunk beyond belief go to the determination if someone has capacity to consent. I'd add age and mental disability to the list. Violence to me is the same . I don't care how many times she said " yes boink me, boink me now" if it was said with a knife to her throat.

[Drogue]

Originally posted by chegitz guevara
There's nothing left to debate. With that last sentence, he admits he raped her. I think of lot of you Polytubbies owe the woman an apology.

No, he admits she saw things differently. If she didn't say no, or stop him, how was he to know he was raping her? She could even have consented but felt that the consent was under duress.

Saying 'he raped her' is implying the action on his part. if he believed she consented, and she gave no indication at the time that she didn't, then his action was to have consensual sex.

I can understand there are times when someone wouldn't consent but would feel unable to say no (while still being conscious). However how can you prosecute a man who believed that she consented, and who's only desire was consensual sex.

I'm not saying that's what happened, but it is a possibility.

[Lorizael]

Yah, it does sound a lot like he's admitting to rape, even though it probably wasn't intentional rape (i.e. he's not some psychopath who steals women from their homes and does terrible things to them, he's an egotistical ******* who thinks everyone wants him and abuses people when he doesn't get what he wants)

But I'm not really sure that anyone in this case is telling the truth, and I'm willing to bet he was instructed to say that as an inroad to the civil case... and the settlement that will follow.

[chequita guevara]

Originally posted by Azazel

There's nothing left to debate. With that last sentence, he admits he raped her. I think of lot of you Polytubbies owe the woman an apology.

o_O

Because of lot of them called her a lying whore or other words to that effect.

[chequita guevara]

Originally posted by Drogue
No, he admits she saw things differently.

That's rape.

[General Ludd]

Wow, lots of closet rapists here.

[Lorizael]

Originally posted by General Ludd
Wow, lots of closet rapists here.

You become more and more offensive as time passes.

[Drogue]

Originally posted by chegitz guevara
That's rape.

No, rape is having sex with someone against their will. If she didn't tell him her will, how was he to know? If that is true, by your definition, he raped her, but he didn't know he was doing it.

[Az]

I don't understand about evidence in such cases. What evidence exists?

[Drogue]

DNA evidence that they had sex, and her testimony that it was non-consensual. It's up to the jury to decide if there is any reasonable doubt that she is lying.

Edit: Plus what Lorizeal lists below

[Flubber]

Originally posted by chegitz guevara
There's nothing left to debate. With that last sentence, he admits he raped her. I think of lot of you Polytubbies owe the woman an apology.

I can't see it as such an admission. he seems to be raising a defence here that is characterized as mistake of fact.

In Canada you wouldn't be convicted of a break and enter if you thought the cabin you were breaking into was owned by your friend. Lets just say he had said you should break a window to get something for him since his girlfriend had gone off with the keys and he needed that something. The fact that you were actually breaking into someone else's cabin would be irrelevant if you had a reasonable belief in a set of facts that would render your conduct non-criminal.

I wonder would a "reasonable belief in her consent" type defence be available in that state? It seems remarkable to me that he would concede that there was no actual active consent though.