Failure to Pay a Prostitute: Rape or Theft?

[Alinestra Covelia]

Very late update. I'll try to get a source for this but apparently the Maryland Court of Appeals (the state's highest court) has ruled that a woman can give consent for sex, but withdraw that consent before penetration, which would make it a rape.

The court did not specifically say whether withdrawal (of consent) after penetration would be considered retroactively to constitute rape.

But that's a slope right there and upon testing it, I have found it to be rather slippery.

[Spec]

So meaning that if you penetrate a woman, and then tell her turn on words like, I dont know...**** pig!, and she doesn't like it and wants to stop, you can force her to finish with no consequences by the law and its not called rape?

Spec.

[rah]

Once you're in, I doubt any jury in the world is going to convict you if the permission changes. Not including if you started beating her at that point.

[Alinestra Covelia]

Originally posted by rah
Once you're in, I doubt any jury in the world is going to convict you if the permission changes. Not including if you started beating her at that point.

Back in the day when English law allowed "fornication" to be a punishable offense, this was a very frequent excuse. A woman who was accused of fornication may then use the cowardly dodge that "the man raped her" and the rape charge would stick.

While this doesn't apply to US or European laws anymore, I believe under Shariah law this is still a potential loophole. There may well be a court of Shariah law that would find that compelling.

...

...but you said "jury" so I think you may still be right

[TCO]

Penetration...however slight. From the UCMJ.

[Tattila the Hun]

Is penetration slight, if the bloke has a small you-know-what?

[Deity Dude]

Take this one step at a time :

NO TO RAPE: A woman of the age of majority who willfully consents to sex by definition cannot be raped.

YES TO RAPE: If it any time before the act she changes her mind sha has not consented. Keep in mind, you cannot withdraw consent after the fact.

NO TO THEFT: A contract for something illegal is null and void and cannot be enforcable. (Just like if u get ripped off in a drug deal or the hooker takes the money and runs).

NO TO KIDNAPPING: If even though he changed the location she said it was OK with it.

YES TO KIDNAPPING: If at anytime she said she wanted out of the car and he refused.

YES TO SOLICITING PROSTITUTION: Just because a john doesn't actually pay he is still guilty of soliciting a prostitute. Men are quite often arrested before the money exchanges and the actual exchange of money isn't illegal but the solicitation is.

So...

In cases where he picked her up said "Let's go to my house for sex and I'll give you $x amount" Then went to a different location but the hooker was OK with it and only got mad when she didn't get paid I would say the hooker was screwed (pun intended).

In cases where she was OK with the change in location but decided not to go thru with it for whatever reason (she just got a bad feeling), you would have rape only.

In cases where she wanted out of the car at anytime during the ride you would have kidnapping and rape.

By the way, the prostitues could be charged also. Again, just because the act didn't take place or money wasn't exchanged it is the solicitation that is illegal.