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Is it rape if...

Elfboy

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Yeah, I can't help it, I'm American... you've probably learned by now we tend to enjoy speaking in a rather goofy manner. :coffee:

it's not being american, it's called being an NFP :newwink:
 

FunnyDigestion

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OMG... I just had the most amazing post typed up on this... but I got logged out & it disappeared, fuck!

:pandarage: :doh: :wizfreak:

The basic idea, though-- it was directed at Lark-- was that although beyond-the-pale stuff is definitely more than possible with things like rape, humor in general is a necessary defense mechanism against the ineradicability of evil. I think it's not only healthier but also wiser & more effective than moral crusading, especially for victims. Although by no means am I saying anyone forget their morality. And I agree that rape is definitely one topic where people tend to display failures of sensitivity & empathy (which rarely seem to exist in internet culture).
 

DiscoBiscuit

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1) you hypnotize someone into having sex with you

Since no one acts against their will while hypnotized, no. Hollywood hypnosis, yes.

2) you get someone drunk so that you can manipulate them to have sex with you

No. Unless they pass out.

3) you have sex with someone controversially younger than you, but they consent

No.

4) you manipulate someone into having sex with you when you know they'll regret it later.

No.

5) you threaten to withdraw support for an individual if they don't have sex with you (not support that they need, like a job, money for living expenses or healthcare, but some other type of support that they can survive without)

No.

6) you threaten to withdraw support that the individual does need (such as those listed above)

Borderline. Extortion is pretty close to rape, so I'll say yes.

7) you make your spouse have sex with you after they have been witholding it from you

"Make"? If you "make" anyone have sex, that's rape. Unless "make" is being defined differently here.

8) someone has consented to have sex with you. you're in the middle of things and they say "stop!" and you don't

Yes.

I pretty much agree with MacGuff on this one.

Except for #6. I would say no.

Like he said, it's borderline extortion, but I would lean the other way.
 

Affably Evil

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Whilest you might be right and I won't dispute that you are. I have to wonder, what makes you say that?

There might be many, many people wrongly accused and locked up witout the truth ever surfacing. The false accusations and conviction of innocents that were ultimately proven to be false accusations and innocent convictions are at a low rate, but how many possible cases remain unsolved is unknown to all. :p

The problem with this attitude is that it casts further doubt on the victims who, considering those who are pursuing prosecution against their assaulters, already have the burden of proof and are subject to a horrific, invasive circus about details such how tight her pants were or how sexually alluring her voice is, dragging out her entire sexual history in front of a courtroom of countless strangers with lines of questioning attempting to prove that since she's been freely sexually available to others in the past, of course she implicitly consented this time.

Very few rape cases are reported, very few are prosecuted, very few are won. Just look at Roman Polanski. What you're doing right now? Pondering the innocent cases that may have slipped through which have to be proven beyond a shadow of a doubt to an often unsympathetic or suspicious jury in the first place? Is casting doubt on the victims of for real violent sexual assault.

You may find this article interesting:
http://www.usatoday.com/news/nation/2011-07-09-women-reporting-rapes-chilling-effect_n.htm

Most of these on Elfboy's list waver between coercive sex to coercive rape. The seond to last one, with the marriage situation: marriage is not a hand-waving into presumed consent. Consent must be given within a marriag just as it must be given outside of marriage. The last one is absolutely, categorically rape.
 

Simi

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I'm tempted to post something that is somewhat irrelevant but at the same time it seems TOTALLY relevant.. So I'm just gonna go balls out and say it.

During a Sex Ed unit a few years ago, my friend would constantly interrogate the teacher about what is considered rape.

One of the scenarios would be if someone was getting raped, but mid-rape they started liking it, would it still be rape?
He felt uncomfortable addressing the question.
 

Affably Evil

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I'm tempted to post something that is somewhat irrelevant but at the same time it seems TOTALLY relevant.. So I'm just gonna go balls out and say it.

During a Sex Ed unit a few years ago, my friend would constantly interrogate the teacher about what is considered rape.

One of the scenarios would be if someone was getting raped, but mid-rape they started liking it, would it still be rape?
He felt uncomfortable addressing the question.

By "liking it" do you mean strictly a physical sexual response? Which as addressed Earlier is quite common (and adds to the trauma for some). If you meant a larger "chose to consent" and not for coercive reasoning (to make it easier, to get it over with, to reduce possible health issues) but because they were uninhibitedly enjoying themselves, then it would be up to the individual to decide if that consent later covered the initial assault.

As far as your friend... Well, no offense meant, they were probably trying to be provocative, but people who try to find holes or weird elaborate scenarios in sexual consent skeeve me out, because it starts sounding too much like trying to trip people up on technicalities rather than treating people with respect. It's reasonably simple: if you're not sure, don't have sex with them.
 

Edgar

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What if prior to intercourse a couple agreed to "just a tip", but then during the deed he went balls deep?

Is that rape?
 

DiscoBiscuit

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What if prior to intercourse a couple agreed to "just a tip", but then during the deed he went balls deep?

Is that rape?

[YOUTUBE="qS-7zTzrSAA"]Just the tip[/YOUTUBE]
 

Jaguar

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One of the scenarios would be if someone was getting raped, but mid-rape they started liking it, would it still be rape?

Consent was either given, or it wasn't. That's what's relevant.
Whether they liked it or not doesn't change the fact the illegal act took place.
 

CzeCze

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What if prior to intercourse a couple agreed to "just a tip", but then during the deed he went balls deep?

Is that rape?

I'm sorry that happened to you Edgar. Did he hurt you? I have the number of a good counselor if you need it.


During a Sex Ed unit a few years ago, my friend would constantly interrogate the teacher about what is considered rape.

One of the scenarios would be if someone was getting raped, but mid-rape they started liking it, would it still be rape?

He felt uncomfortable addressing the question.

Uuuuh what?

This disturbs me since that infamous questionnaire years ago to middle schoolers showed a majority thinking a girl owed guy sex on a date if he spent so much money on the date, I think if he bought her dinner or something.

Dood. Feminists in the 60s already re-wrote laws on this (or are still trying to). Physical responses in sex, including having an orgasm, do not preclude or absolve rape.

Also, was your friend a guy? Because if I were teaching sex ed and some guy in my class kept interrupting me about 'would this legally be rape? would this? how about his?' I would probably be thinking 'holy shit, future sex offender is asking me for tips'. Also, your teacher is not a legal expert and most grown men educators haven't really had training in how to discuss rape/sexual abuse/etc. with students, everything gets very fuzzy. I think in this new millenium there is more sensitivity (?) and awareness (?) about this that they try to teach in schools (?) but for all the hypersexualization of youth in popular media, I think there's still very little dialogue around this.

And seriously "liking" rape? That's kind of an oxy-moron. I don't think anyone gets accused of loving being mugged or run over by cars, but I'm sure in the 11 pages of this thread other people have pointed that out.
 

Edgar

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I'm sorry that happened to you Edgar. Did he hurt you? I have the number of a good counselor if you need it.

Would you make that joke to a woman? Doubt it, you hypocrite sexist.

This disturbs me since that infamous questionnaire years ago to middle schoolers showed a majority thinking a girl owed guy sex on a date if he spent so much money on the date

The girl wouldn't owe the guy sex, because selling or bartering for sex is illegal. However, if a girl allows a guy to "spend so much money" on her without the intent of putting out sometime in the future, she's being a bit of a twat.
 

Simi

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Also, was your friend a guy? Because if I were teaching sex ed and some guy in my class kept interrupting me about 'would this legally be rape? would this? how about his?' I would probably be thinking 'holy shit, future sex offender is asking me for tips'. Also, your teacher is not a legal expert and most grown men educators haven't really had training in how to discuss rape/sexual abuse/etc. with students, everything gets very fuzzy. I think in this new millenium there is more sensitivity (?) and awareness (?) about this that they try to teach in schools (?) but for all the hypersexualization of youth in popular media, I think there's still very little dialogue around this.


My friend was a girl, and where I live there are habits of Sex Ed teachers going way too far, I believe that about three years ago there was a Sex Ed teacher smoking pot with all the students and sleeping around with them until the point she got fired.
Or, maybe that wasn't a local story, I can't really remember the entire back story I just remember that my teacher had information about it and my class would always prompt him into talking about it.
Keep in mind, most of his Health classes weren't like that, I just happened to be placed in the class that all the major stoners were in, it'd be like being in a Health class with the Freaks from Freaks & Geeks if you have seen that show.

Anyway, back to the main point, the girl just thought it was funny to think up disturbing questions and ask the teacher. o_O
 

onemoretime

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would these hypothetical situations be considered rape?

1) you hypnotize someone into having sex with you - yes
2) you get someone drunk so that you can manipulate them to have sex with you yes
3) you have sex with someone controversially younger than you, but they consent no, but still ought to be illegal under a particular age. Statutory rape is a legal fiction created by the usefulness of categorizing it as an "age of consent"
4) you manipulate someone into having sex with you when you know they'll regret it later. yes
5) you threaten to withdraw support for an individual if they don't have sex with you (not support that they need, like a job, money for living expenses or healthcare, but some other type of support that they can survive without) yes
6) you threaten to withdraw support that the individual does need (such as those listed above) yes
7) you make your spouse have sex with you after they have been witholding it from you yes
8) someone has consented to have sex with you. you're in the middle of things and they say "stop!" and you don't yes

Coercion or deceit leads to a lack of consent. However, I do believe there should be two categories of illegal sexual relations: molestation, referring to those cases where there is no clear consent, but no use of physical force (a misdemeanor punishable by up to 180 days in jail, a fine of $5,000, and restitution to the victim); and rape or sexual assault, referring to those cases where the victim had been physically coerced into sexual activity (a felony punishable by up to 30 years in prison, a fine of $500,000, and restitution to the victim).
 

Magic Poriferan

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Also, was your friend a guy? Because if I were teaching sex ed and some guy in my class kept interrupting me about 'would this legally be rape? would this? how about his?' I would probably be thinking 'holy shit, future sex offender is asking me for tips'.

Ah, but if it was a chick it would all be okidoki, yeah? :D

And seriously "liking" rape? That's kind of an oxy-moron. I don't think anyone gets accused of loving being mugged or run over by cars, but I'm sure in the 11 pages of this thread other people have pointed that out.

That would be a contradiction, but that's not what the question was about. The question was if someone began to enjoy it during the act, if, by way of enjoyment (And therefore possibly wanting it) it stops being rape. So that would not be the same as liking rape, which is illogical. Perhaps we can use the word want instead of the word like. If someone was forced into a sexual act they did not consent to, resisted at first, but then changed their mind and decided they wanted it and stopped resisting, would it be rape?

For the law to be effective, I think it should be considered rape in that scenario, but that doesn't mean it is in a more psychological or ethical way. One also wonders if the "rape" would be reported or admitted if the victim decided they didn't mind after all, so the legality might become moot.

It's a very interesting question.
 

CzeCze

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Would you make that joke to a woman? Doubt it, you hypocrite sexist.

I doubt a woman would go trolling by posting what you did, but if you were a woman and you did that I would also refer you to the competent counselor that I know.

Feel better snookums?

The girl wouldn't owe the guy sex, because selling or bartering for sex is illegal. However, if a girl allows a guy to "spend so much money" on her without the intent of putting out sometime in the future, she's being a bit of a twat.

Ah, thanks for pearls of dating wisdom. I'm sure the PUA forums have ways around that.

Ah, but if it was a chick it would all be okidoki, yeah? :D

If it were a girl it would change the context tremendously. :alttongue:

Which was exactly the case in Simi's anecdote.

That would be a contradiction, but that's not what the question was about. The question was if someone began to enjoy it during the act, if, by way of enjoyment (And therefore possibly wanting it) it stops being rape. So that would not be the same as liking rape, which is illogical. Perhaps we can use the word want instead of the word like. If someone was forced into a sexual act they did not consent to, resisted at first, but then changed their mind and decided they wanted it and stopped resisting, would it be rape?

For the law to be effective, I think it should be considered rape in that scenario, but that doesn't mean it is in a more psychological or ethical way. One also wonders if the "rape" would be reported or admitted if the victim decided they didn't mind after all, so the legality might become moot.

It's a very interesting question.

I haven't read the OP, I generally avoid threads like this, and I do not think it as interesting question at all because the concept of consent and forcing yourself against someone is very clear cut .

It is question however that will get bandied about even legally in a rape fostering culture. Seriously even the premise (it started out rape, but then she liked it, so I'm not guilty) is a classic rapist's defense.

I understand wanting to discuss the 'question' in a 'purely philosophical way' but it still plays into bs created by a rape culture. Also, these questions have been around a while. The law itself is not really equipped to handle social complexities and the law is pretty biased against women when it comes to prosecuting or even identifying rape.

The very old school 'Sisterhood Is Powerful' Or even I Never Call It Rape which is also considered kinda old school already covered that quoted scenario in depth but decades later the law and the biases of (mostly male) judges that skews their judgements hasn't really changed much IMHO.

That these same questions ("Is it rape?") are seriously pondered socially and legally decades later when I think it's pretty clear cut what constitutes 'rape' is endemic to a rape culture.
 

onemoretime

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^^^
You said yes to everything?

Yup. There's a vast distinction in perception based on the various power dynamics of the situation. If either of the parties feels like they have been exploited by the other, then something is wrong about that.
 

Magic Poriferan

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If it were a girl it would change the context tremendously. :alttongue:

Which was exactly the case in Simi's anecdote.

Meh.


I haven't read the OP, I generally avoid threads like this, and I do not think it as interesting question at all because the concept of consent and forcing yourself against someone is very clear cut .

It's easy to say something is obvious. It's harder to prove it.

It is question however that will get bandied about even legally in a rape fostering culture. Seriously even the premise (it started out rape, but then she liked it, so I'm not guilty) is a classic rapist's defense.

The fact that a rapist might use it as a defense doesn't mean it is beyond consideration. That is fallacious reasoning.

I understand wanting to discuss the 'question' in a 'purely philosophical way' but it still plays into bs created by a rape culture. Also, these questions have been around a while. The law itself is not really equipped to handle social complexities and the law is pretty biased against women when it comes to prosecuting or even identifying rape.

The very old school 'Sisterhood Is Powerful' Or even I Never Call It Rape which is also considered kinda old school already covered that quoted scenario in depth but decades later the law and the biases of (mostly male) judges that skews their judgements hasn't really changed much IMHO.

That these same questions ("Is it rape?") are seriously pondered socially and legally decades later when I think it's pretty clear cut what constitutes 'rape' is endemic to a rape culture.

I take this to mean that fear and offense have disabled critical thought.
 

Edgar

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I doubt a woman would go trolling by posting what you did

There you go with your sexism again

Ah, thanks for pearls of dating wisdom. I'm sure the PUA forums have ways around that.

Do you disagree with my sentiments? Or just dodging the issue?

Anyway, never had any interest in PUA. Quality is more important than quantity, as far as I'm concerned.
 
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