So, is this rape?

[Admiral Yi]

I wasn't being 100% serious.

[Martinus]

I wasn't being 100% serious.

This is Languish.

Here every poster follows the Poe's law and is indistinguishable from his or her parody.

[Valmy]

Yes, of course. 

It is a rather strange case since the intent was not at all to simply get sex from this woman.  All that dude would have needed to do to get consent would just say 'yeah you can see Mencia but first you have to have sex with me' and it seems like she would have done it willingly no problem.  This was just done for the lolz.  It is kind of hard to credit that even in the dark somebody could not notice such a dramatic physical difference, or wouldn't at least expect the other person to say something.

[sbr]

I guess there is a point to be made about the "doer's" belief about consent being reasonable. For example, even if the midget wasn't in on the "joke", I guess one could argue that if you are shoved into a dark room and being told "there is a chick in there who wants you to fuck her, go wild", assuming consent is unreasonable.

Did you mean to say it is not unreasonable?

I think it'd be somewhat unreasonable to assume that the girl was consenting because some third party told you.

I guess I don't know enough to judge because I skimmed the OP, but I think if this prank is true she was definitely sexually assaulted, if not raped.

If you were told by a third party that she wanted to have sex and then she freely proceeded to have sex with you once you went into the room, that would seem like consent to me in the same way that most consent seems to be given, non-verbally.  Or by not saying no.  If she was restrained or unable to resist or reluctant in any way, then I would say you would need direct consent from her.

I just don't have any idea how something like this could happen in real life though.  I mean the chick is in the room waiting for one dude but bangs some other dude (who is very obviously different physically)?  No one talked, touched opened their eyes?

Maybe I am old fashioned but how could someone not know who they are having sex with if they are not restrained in some way?  Last names are a bit formal, but this is really out there.

[sbr]

How does it take several minutes to realize you're fucking a midget?

  That was my first thought.

[Ideologue]

Iirc, rape by fraud is illegal in every state. This is rape by fraud. It's really not a question.

[garbon]

Maybe I am old fashioned but how could someone not know who they are having sex with if they are not restrained in some way?  Last names are a bit formal, but this is really out there.

It notes that the lights were off and she noticed after a couple minutes. She was probably also drunk and/or high.

[Valmy]

Iirc, rape by fraud is illegal in every state. This is rape by fraud. It's really not a question.

Yep. 

[sbr]

Maybe I am old fashioned but how could someone not know who they are having sex with if they are not restrained in some way?  Last names are a bit formal, but this is really out there.

It notes that the lights were off and she noticed after a couple minutes. She was probably also drunk and/or high.

Yeah as far as this story goes, it is rape no question and I didn't intend to defend what happened.  Apologies if it looked that way.

I misread/misunderstood Marti's comment and was just correcting what I though was a mistake, and then played that out a bit.  If a guy (or anyone) is told that there is someone in a room that wants to have sex him, and then the person in the room has sex with him with no effort of figuring out who he is, I don't think it is unreasonable for him to assume it was consensual.  I'm not sure how that could ever happen outside of Literotica or fuq.com, but who knows with kids these days.

I know I used some legal terms in the above, but it is in no way meant to be a legal argument more of an ethical/moral issue.

[garbon]

I misread/misunderstood Marti's comment and was just correcting what I though was a mistake, and then played that out a bit.  If a guy (or anyone) is told that there is someone in a room that wants to have sex him, and then the person in the room has sex with him with no effort of figuring out who he is, I don't think it is unreasonable for him to assume it was consensual.  I'm not sure how that could ever happen outside of Literotica or fuq.com, but who knows with kids these days.

I don't know. It sounds very much like what could happen in the case of a college gangbang rape. Girl gets drunk/is drugged and is brought by a frat guy into a room. He does his thing and then tells a buddy (who let's say knows nothing of the other's activities) that so and so is in that dark room and wants to have sex with you. I think it would be wise to be cautious if you are guy 2.

[Viking]

Explicit consent could be non-verbal. 

Depends. I might think it's explicit consent, she might just enjoy yanking my, eh, chain.

[Archy]

Sounds to me as an urban myth, I've heard this story before with other protagonists. I think this is rape.

[alfred russel]

Yes, of course. 

It is a rather strange case since the intent was not at all to simply get sex from this woman.  All that dude would have needed to do to get consent would just say 'yeah you can see Mencia but first you have to have sex with me' and it seems like she would have done it willingly no problem.  This was just done for the lolz.  It is kind of hard to credit that even in the dark somebody could not notice such a dramatic physical difference, or wouldn't at least expect the other person to say something.

I think the probability is that the story is made up.

[dps]

Like having sex with someone who is pretending to be interesting but is actually boring.......which makes 90% of sex rape 

I don't think this is a valid comparison, to be honest...

I think we have to go with consent, the fan did not consent to sex with the midget so she was raped.

If it ever went to court then the judge might well choose to be lenient with his sentencing.

While there was certainly a crime committed (if the story is in fact true), I think you might have a hard time getting a jury to convict.

[alfred russel]

So in related questions, I've seen a lot of instances where people tweet out pictures of them with famous people, only the people are just ordinary guys. For example, "Wow everyone, I met LeBron James at the supermarket, What a Guy!" only the associated picture is a random dude vaguely looking like it might be lebron james.

So if one of these guys closes the deal, is that rape?