Condom piercer's sex crime appeal goes to Supreme Court

Started by jimmy olsen, November 10, 2013, 10:08:11 PM

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Eddie Teach

Quote from: MadImmortalMan on November 10, 2013, 10:34:19 PM
Quote from: Peter Wiggin on November 10, 2013, 10:31:10 PM
As in, neither are rape. Geeze.

Wait until some condom-piercer has a kid by you and then decides to take you for child support before you decide its rape or not.

That would be theft/fraud/some kind of financial crime. Not rape.
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

garbon

Quote from: Ideologue on November 10, 2013, 10:39:06 PM
Quote from: Peter Wiggin on November 10, 2013, 10:31:10 PM
Quote from: Ideologue on November 10, 2013, 10:26:32 PM
Quote from: Peter Wiggin on November 10, 2013, 10:25:53 PM
It's rape in the same way that lying about being Jewish is rape.

Wrong.

As in, neither are rape. Geeze.

I know what you meant.  Still wrong. :P

The two fact patterns are wholly distinct.

The latter, like lying about income or weight, is lying about stuff that would harm or cancel the relationship, which we are not yet prepared to regulate (perhaps, eventually, we will, but not now :hmm: ).  The former, condom piercing (or otherwise defrauding a partner about the likelihood of pregnancy--or disease transmission), would cancel the decision to have sex at that moment, regardless of how one feels about the general relationship.

How does one lie about weight in the context of a relationship?
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

garbon

Quote from: Tonitrus on November 10, 2013, 10:43:34 PM
Quote from: Ideologue on November 10, 2013, 10:39:06 PM
Quote from: Peter Wiggin on November 10, 2013, 10:31:10 PM
Quote from: Ideologue on November 10, 2013, 10:26:32 PM
Quote from: Peter Wiggin on November 10, 2013, 10:25:53 PM
It's rape in the same way that lying about being Jewish is rape.

Wrong.

As in, neither are rape. Geeze.

I know what you meant.  Still wrong. :P

The two fact patterns are wholly distinct.

The latter, like lying about income or weight, is lying about stuff that would harm or cancel the relationship, which we are not yet prepared to regulate (perhaps, eventually, we will, but not now :hmm: ).  The former, condom piercing (or otherwise defrauding a partner about the likelihood of pregnancy--or disease transmission), would cancel the decision to have sex at that moment, regardless of how one feels about the general relationship.

What if the condom accidentally comes off during especially exuberant copulation?  Could we have a degree of pregnancy-fraud-rape that comes down to the equivalent "manslaughter" or reckless-endangerment level? 

Well if you go with the HIV approach.

http://en.wikipedia.org/wiki/Criminal_transmission_of_HIV
QuoteIn many countries, the intentional or reckless infection of a person with the human immunodeficiency virus (HIV) is considered to be a crime.
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

Eddie Teach

Quote from: Ideologue on November 10, 2013, 10:39:06 PM
The latter, like lying about income or weight, is lying about stuff that would harm or cancel the relationship, which we are not yet prepared to regulate (perhaps, eventually, we will, but not now :hmm: ).  The former, condom piercing (or otherwise defrauding a partner about the likelihood of pregnancy--or disease transmission), would cancel the decision to have sex at that moment, regardless of how one feels about the general relationship.

You tell a young starlet that you're not really producing a movie and they'll cancel the decision to have sex too.
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

Tonitrus

Quote from: garbon on November 10, 2013, 10:46:38 PM

How does one lie about weight in the context of a relationship?

I assume he is talking about those cases where the guy keeps his shirt on during their quickie in the supply closet...and that she wouldn't have consented when she later finds out he didn't have a rock-hard sixpack.

jimmy olsen

Quote from: Tyr on November 10, 2013, 10:35:19 PM
I'd agree it's not rape. Rape is about sex, not pregnancy.
The sex was fully consensual, the pregnancy was not.
I'd agree with calling it fraud. Sexual fraud.... Should that be a thing?
The trouble I see with this is it could be opening a can of worms every time a bitch has an unplanned pregnancy.
Classy
It is far better for the truth to tear my flesh to pieces, then for my soul to wander through darkness in eternal damnation.

Jet: So what kind of woman is she? What's Julia like?
Faye: Ordinary. The kind of beautiful, dangerous ordinary that you just can't leave alone.
Jet: I see.
Faye: Like an angel from the underworld. Or a devil from Paradise.
--------------------------------------------
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jimmy olsen

Quote from: Ideologue on November 10, 2013, 10:39:06 PM
The latter, like lying about income or weight, is lying about stuff that would harm or cancel the relationship, which we are not yet prepared to regulate (perhaps, eventually, we will, but not now :hmm: ).  The former, condom piercing (or otherwise defrauding a partner about the likelihood of pregnancy--or disease transmission), would cancel the decision to have sex at that moment, regardless of how one feels about the general relationship.
Should I have added an "I would only trust the government" option to my arranged marriage poll?  :hmm:
It is far better for the truth to tear my flesh to pieces, then for my soul to wander through darkness in eternal damnation.

Jet: So what kind of woman is she? What's Julia like?
Faye: Ordinary. The kind of beautiful, dangerous ordinary that you just can't leave alone.
Jet: I see.
Faye: Like an angel from the underworld. Or a devil from Paradise.
--------------------------------------------
1 Karma Chameleon point

Ideologue

Quote from: Tonitrus on November 10, 2013, 10:43:34 PM
Quote from: Ideologue on November 10, 2013, 10:39:06 PM
Quote from: Peter Wiggin on November 10, 2013, 10:31:10 PM
Quote from: Ideologue on November 10, 2013, 10:26:32 PM
Quote from: Peter Wiggin on November 10, 2013, 10:25:53 PM
It's rape in the same way that lying about being Jewish is rape.

Wrong.

As in, neither are rape. Geeze.

I know what you meant.  Still wrong. :P

The two fact patterns are wholly distinct.

The latter, like lying about income or weight, is lying about stuff that would harm or cancel the relationship, which we are not yet prepared to regulate (perhaps, eventually, we will, but not now :hmm: ).  The former, condom piercing (or otherwise defrauding a partner about the likelihood of pregnancy--or disease transmission), would cancel the decision to have sex at that moment, regardless of how one feels about the general relationship.

What if the condom accidentally comes off during especially exuberant copulation?  Could we have a degree of pregnancy-fraud-rape that comes down to the equivalent "manslaughter" or reckless-endangerment level?

General birth control failure is a risk undertaken by all involved parties.
Kinemalogue
Current reviews: The 'Burbs (9/10); Gremlins 2: The New Batch (9/10); John Wick: Chapter 2 (9/10); A Cure For Wellness (4/10)

Ideologue

Quote from: garbon on November 10, 2013, 10:46:38 PM
How does one lie about weight in the context of a relationship?

Ask Korea.  I thought I was insane for a while.  "If she's only 120 pounds, then why do I think she's fat?"
Kinemalogue
Current reviews: The 'Burbs (9/10); Gremlins 2: The New Batch (9/10); John Wick: Chapter 2 (9/10); A Cure For Wellness (4/10)

dps

It can't be rape, because the sex wasn't coerced or forced.

It can't be some other class of sexual assault, because the sex was consensual.

The only crime (as opposed to some sort of tort) that I can see here would be vandalism.

Ideologue

Quote from: Ideologue on November 10, 2013, 11:24:55 PM
Quote from: garbon on November 10, 2013, 10:46:38 PM
How does one lie about weight in the context of a relationship?

Ask Korea.  I thought I was insane for a while.  "If she's only 120 pounds, then why do I think she's fat?"

But mostly I was kidding, of course.
Kinemalogue
Current reviews: The 'Burbs (9/10); Gremlins 2: The New Batch (9/10); John Wick: Chapter 2 (9/10); A Cure For Wellness (4/10)

Ideologue

Quote from: jimmy olsen on November 10, 2013, 11:09:44 PM
Should I have added an "I would only trust the government" option to my arranged marriage poll?  :hmm:

Trust it a lot more than my parents, sure.
Kinemalogue
Current reviews: The 'Burbs (9/10); Gremlins 2: The New Batch (9/10); John Wick: Chapter 2 (9/10); A Cure For Wellness (4/10)


dps

Quote from: Ideologue on November 10, 2013, 11:29:38 PM
Quote from: jimmy olsen on November 10, 2013, 11:09:44 PM
Should I have added an "I would only trust the government" option to my arranged marriage poll?  :hmm:

Trust it a lot more than my parents, sure.

Considering that they produced you, even I trust the government more than I trust your parents. 


:P

garbon

Quote from: Ideologue on November 10, 2013, 11:24:55 PM
Quote from: garbon on November 10, 2013, 10:46:38 PM
How does one lie about weight in the context of a relationship?

Ask Korea.  I thought I was insane for a while.  "If she's only 120 pounds, then why do I think she's fat?"

I don't see the issue if someone is unable to accurately gauge weight.
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.