What is real rape?

Jarod said:
A 15 year old couple drink too much at an underage party and have sex?
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80% of the time, yeah. Exceptions do exist, but by and large it should be a form of rape.

A sober 17 year old boy meets a drunk 15 year old at a party and has sex with her?
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I don't see this as any different than the first example, so my answer remains the same.

A 24 year old man dates a 16 year old girl for 5 months then they agree to have sex?
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No. If you reverse the genders it wouldn't be culturally quantified as rape. While it's highly inappropriate, it's not rape.

A Girl 20 years old girl flirts with a 20 year old boy at a party, goes home with him, they get naked in bed together, but at the last second she says no. He inserts anyway and she does not fight?
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Yes, but it should be mentioned that in every other instance, her enticement would be a mitigating factor. Had someone provoked a physical fight for example, both parties could be held liable.

An adult couple are just about to have sex when the woman demands he puts on a condom, he pretends to do so but does not, then they have sex?
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No. It's a douche move, but it's not rape.
 
So in the case of the two 15 year olds getting drunk and having sex, who should be charged with rape?
 
Captain Marvel said:
Technically, since the courts now recognize male rape, a man who was drunk could accuse a woman of raping him. As for both parties being drunk, I believe the tie goes to the woman. See divorce court.
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You obviously are unfamiliar with drunk cock...it doesn't work that way unless she has an insurance co. that will pay for her prescription for viagra.
 
Haiku said:
You obviously are unfamiliar with drunk cock...it doesn't work that way unless she has an insurance co. that will pay for her prescription for viagra.
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You're obviously mistaking drunk cock with limp cock, and that's due to your boyfriend seeing your face while not blind drunk...
 
Captain Marvel said:
Alcohol and age remove the requirement of consent. Without consent, it is generally considered to be rape.
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Most would probably agree that drunken sex is only rape if one person is passed out or practically incapacitated. I mean, obviously, if two people get drunk and have sex, you're not going to charge them both with rape.
 
DamnYankee said:
You're obviously mistaking drunk cock with limp cock, and that's due to your boyfriend seeing your face while not blind drunk...
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Women know what you can only imagine and fantasize about...in other words regardless of your crowing about your 'ability'...drunk cock is never what it's proclaimed to be.
 
bravo said:
having sex with a 13 year old.....now does he quality being a liberal and all ?

Its funny that a drunk women can not be said to consent to sex, even if she says yes.......but a drunk driver can go to jail for years for what he might do....

the women is not responsible, but the driver is responsible.....why is that Jarod.....you're the lawyer.
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So I suppose if someone mugs you when you're passed out drunk, and he's caught on camera, the state shouldn't prosecute the mugger? This equivalency is nonsense.

Anyway, I think few would agree that some degree of alcohol drinking isn't enough to remove a persons ability to consent to sex. Otherwise, we'd ban most sex.
 
Captain Marvel said:
If she accuses you.
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No, if it were illegal, he could be prosecuted whether or not she accused him. The premise of a justice system (rather than a system of vengeance) is that crimes are not only against the individual, but hurt society as a whole. If a rape victim, for whatever reason, decided that they didn't want to "press charges", that's nice and all, but do we really want a rapist roaming free? Of course, lack of compliance from the victim can make prosecuting the case more difficult, but it's not some absolute requirement. The prosecutor presses charges, not the victim.
 
Captain Marvel said:
Yes, but I wasn't accused of rape. If you are accused of rape, then you have problems. Also, I've never slept with a woman I didn't know. Typically, the accusers are people who got drunk and engaged in one night affairs.
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An accusation of rape isn't what makes rape rape. If having sex with a drunken person is rape, then what you did would make you a rapist. Do you somehow support a law that says "sex with a drunken person is rape", without literally believing all cases are, or something?

As well, if you were both drunk, you'd be just as able to accuse her as she you. The laws on rape aren't sex selective.
 
Captain Marvel said:
Technically, since the courts now recognize male rape, a man who was drunk could accuse a woman of raping him. As for both parties being drunk, I believe the tie goes to the woman. See divorce court.
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Divorce court is a dispute between two people. Criminal court isn't. If two people both rob each other, it doesn't cancel out, they both go to prison.
 
Aoxomoxoa said:
Explain this to me, if you can? Why is that the law says men and women are equal but when it comes to sexual relations, especially one night stands, the woman apparently is considered inferior and totally incapable of taking responsibility for her actions?
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If a female is drunk enough to be rendered incapacitated, she can still be raped. A guy isn't usually going to get a boner when he's passed out drunk. Usually, what happens is that there will be one guy who's drunk, sure, but he's raping someone who's passed out or barely able to speak or stand. The woman doesn't necessarily always get her way, it's just that 99% of rape is man on woman. I'm sometimes astounded by people who get offended about the female centricness of most discussion on rape. "Men get raped too, you know!" It's like some guy who lives in Washington D.C., with a murder rate of nearly 100 per 100,000, is telling us about how bad it is there, and some pampered rich kid from a cozy town with a rate of just 1 per 100,000 says "Oh yeah, we have murders here too, you know!"
 
Fluttershy said:
No, if it were illegal, he could be prosecuted whether or not she accused him. The premise of a justice system (rather than a system of vengeance) is that crimes are not only against the individual, but hurt society as a whole. If a rape victim, for whatever reason, decided that they didn't want to "press charges", that's nice and all, but do we really want a rapist roaming free? Of course, lack of compliance from the victim can make prosecuting the case more difficult, but it's not some absolute requirement. The prosecutor presses charges, not the victim.
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a defendant has the RIGHT to confront his accuser. How can the 'state' be questioned about what happened?
 
Jarod said:
This issue came up in the election and it seems a conversation on the topic would be interesting...

What is/should be considered rape....

A 15 year old couple drink too much at an underage party and have sex?

A sober 17 year old boy meets a drunk 15 year old at a party and has sex with her?

A 24 year old man dates a 16 year old girl for 5 months then they agree to have sex?

A Girl 20 years old girl flirts with a 20 year old boy at a party, goes home with him, they get naked in bed together, but at the last second she says no. He inserts anyway and she does not fight?

An adult couple are just about to have sex when the woman demands he puts on a condom, he pretends to do so but does not, then they have sex?

What is rape?

Clearly a man hiding in the bushes who jumps out and fights a woman into submission is raping her, but where is the line?
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Only lawyers could make a question this stupid this abstract.

Rape is an act of violence that occurs when someone sexually assualts another person with out their consent.
 
Mott the Hoople said:
Only lawyers could make a question this stupid this abstract.

Rape is an act of violence that occurs when someone sexually assualts another person with out their consent.
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Yes, but what are the specific situations where that occures, where is the line drawn?
 
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