News:

And we're back!

Main Menu

So, is this rape?

Started by Martinus, December 18, 2014, 03:40:14 AM

Previous topic - Next topic

garbon

Quote from: Norgy on December 18, 2014, 09:59:30 AM
Explicit consent could be non-verbal.  :blush:

That strikes me as then it becomes a little less bright line, a little less explicit, no? I mean sure I guess there is something like actual insertion of penis into anal/vaginal orifice but then say blowjob doesn't mean consent to vaginal, or consent to vaginal doesn't mean consent to anal.
"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.

Martinus

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.

Martinus

But in the same example, if after that he went in and asked if she wants to have sex with him and she said yes, he could be reasonably expected to believe she has consented to have sex with him - even if she was acting in error as to his identity.

Norgy

Quote from: garbon on December 18, 2014, 10:01:28 AM
Quote from: Norgy on December 18, 2014, 09:59:30 AM
Explicit consent could be non-verbal.  :blush:

That strikes me as then it becomes a little less bright line, a little less explicit, no? I mean sure I guess there is something like actual insertion of penis into anal/vaginal orifice but then say blowjob doesn't mean consent to vaginal, or consent to vaginal doesn't mean consent to anal.

Relevant points, I agree. It's sort of difficult to have non-consentual oral sex, I suppose.

So how to define consent (you have to forgive me for using explicit, as I am probably unaware of its legal ramifications in the English language) remains the line between rape and a shag.

One of my exes fought a long legal battle against what she was pretty clear on was rape, and the perpetrator was certain was just sex when drunk and drugged out of their skulls. However, she was asleep. Hard to consent when you are asleep. Those rapes really are the ones most under-reported, and I imagine that could be the case in the gay community too?

So I suppose in the end "explicit" boils down to being somewhat conscious and willing at the time.

sbr

Quote from: Martinus on December 18, 2014, 10:30:54 AM
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?

The Brain

Is this rape - is this rape - is this rape - is this rape that I'm feeling?
Women want me. Men want to be with me.

The Brain

FWIW I think that a celebrity impersonator who has sex while "undercover" isn't a rapist in a sense that does justice to rape rape.
Women want me. Men want to be with me.

garbon

Quote from: sbr on December 18, 2014, 10:56:35 AM
Quote from: Martinus on December 18, 2014, 10:30:54 AM
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'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.

Admiral Yi

Consent was implied by her willingness to give the bus driver a smoker.

garbon

Quote from: Admiral Yi on December 18, 2014, 12:19:21 PM
Consent was implied by her willingness to give the bus driver a smoker.

She consented to participating in sexual acts with two people so she consented to sexual acts with anyone who happens to be around?
"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.

HVC

How does it take several minutes to realize you're fucking a midget?
Being lazy is bad; unless you still get what you want, then it's called "patience".
Hubris must be punished. Severely.

Sheilbh

Let's bomb Russia!

Martinus

Quote from: garbon on December 18, 2014, 12:15:51 PM
Quote from: sbr on December 18, 2014, 10:56:35 AM
Quote from: Martinus on December 18, 2014, 10:30:54 AM
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.

Exactly.

Martinus

Quote from: garbon on December 18, 2014, 12:24:30 PM
Quote from: Admiral Yi on December 18, 2014, 12:19:21 PM
Consent was implied by her willingness to give the bus driver a smoker.

She consented to participating in sexual acts with two people so she consented to sexual acts with anyone who happens to be around?

Yeah, by this reasoning if a slut wants to have sex with a guy, she is also consenting to have sex with his gang bang buddies. I don't buy Yi's reasoning.

Martinus

Quote from: HVC on December 18, 2014, 12:25:17 PM
How does it take several minutes to realize you're fucking a midget?

If Game of Throne taught us anything, midgets are cunning linguists.