Ok, I got a story for all ya, about a girl who “supposedly” rapes a guy, but not using physical force. I got in a discussion with another girl about this and she does NOT consider it rape, so I will tell the story to you guys and you decide. After all you people here are adults, maybe some of you are lawyers, judges or criminal professors.
Administrators and moderators, please do not move this to another forum, I want it here because this board is one of the most frequently used boards and I want to see everyone’s opinion of the story. Thank you.
A high school boy moves to a new town, has no friends, etc. He meets this incredibly good looking girl, who happens to be one of the most popular girls in school, everyone knows her and everyone wants her.
She invites him to a party.
Well he goes to the party, starts chatting with her and thinking “Hey Im gonna get some new friends” and she asks to go for a walk with him, so he agrees and they go walking. While on the walk she says to him “Will you have sex with me” and he looks at her and says “No, Im sorry, while you are very attractive, I am not that kind of a guy.”
The girl then says “If you do not have sex with me, I will tell everyone at schol you are a homosexual” so, even though he did not want to have sex with her, he does. Would you consider that rape?
Edit: Chat filter put in 4 stars on a certain word in the last paragraph, you can figure out which word it was.
What if you come upon a girl who is under the influence of drugs/alcohol, maybe dropped some date rape pill into a drink, etc and proceed to take advantage of her. Wouldnt that be rape? You did not just BEAT THE CRAP out of her to rape her.
hmm your’re referring to a definition in a dictionary for what constitutes a rape?
not a good idea
try legal cases or relevant statutes in your jurisdiction if u want to consider whether that story may be regarded as ‘rape’ under law. u might try legal texts on criminal law too that will give u a better understanding of this criminal offence.
if the girl threatens him in an effort to ruin his reputuation, that is blackmailing him by slander.
however, if it’s at a university of southwest arkansas football team party, the threat of being beaten by a bunch of linement is a bit implicit, so to me that’s more coercion by threat of physical violence.
however, i could be off on this, and i know what one state defines as rape can be different in another state.
I would say no, as he does consentignly have sex with her without being under the influence of any drug. he could have still said no and faced having to clean up his rep after she told everyone he was gay. Heck he coulda even taken advantage of that by getting good looking girls to attempt to make him straight with the date rape drug, the victim is under the influence, so either 1. they are passed out or 2. they are making a decision under the influence of a drug.
So if a guy has a gun to a woman’s head and is trying to engage in sexual acts with her, if she resists her brains will be splattered everywhere. So she makes a conscious decision to engage in sex.
So if a woman says the homosexual threat to him wanting to engage in sexual acts with him, if he resists his reputation will be ruined. So he makes a conscious decision to engage in sex.
While the first one is death and the second is not, the first is still given a decision as is the second. In both cases it results in the person’s life changed forever.
i just want to push some boundaries, be the devils advocate etc
interesting discussion here.
ok in the situation when someone is killed and the defendant raises the defence that he killed in selfdefence. you could always say he had a choice - to kill or be killed
so when do you draw the line in respect of what circumstances are such that this choice doesn’t really exist?
in such a defence the court applies principles of reasonable response/force. So if someone attacks u with a knife etc and u kill him in self defence this might be reasonable (depends on a myriad of factors and i’m certaintly not an expert)
so in this story of alleged ‘rape’ which on first thought has some similiarities to crimes committed under duress (except in the story you are the victim, and in the other u might have been involved in carrying out the crime) what kind of coersion, or threats etc is sufficient to it to constitute a rape?
lets say if she threatened him, telling him if he didn’t sleep with her she would get her (male friends?) to kick the crap out of him
and harass him?
there has been a case b4 where a man was apparently tied up to a chair by two other guys to be then raped by a woman.
anyway these are all just thoughts and issues i’m trying to raise
give me a chance to review some criminal law material and i’ll get back to u on this (using Australian Law of course)
Originally posted by PHILBERT
[B]So if a guy has a gun to a woman’s head and is trying to engage in sexual acts with her, if she resists her brains will be splattered everywhere. So she makes a conscious decision to engage in sex.
So if a woman says the homosexual threat to him wanting to engage in sexual acts with him, if he resists his reputation will be ruined. So he makes a conscious decision to engage in sex.
While the first one is death and the second is not, the first is still given a decision as is the second. In both cases it results in the person’s life changed forever. [/B]
Fair point Philbert.
And this is just my opinion on a tough topic.
I’d take the slandered reputation rather than submit to her demands. That’s a choice. A gun to the head doesn’t leave much room for a choice.
In the immortal words of Forrest Gump, “and that’s all I have to say about that.”
since you brought up the gun thing, many women are presented with choices like that when they are raped. it’s rape because the intent is violent. There is nothing inherently dangerous about someone telling people you are gay. I know 5 women that have been raped, and they all were presented with a series of choices:
shut up and take it…if you don’t scream I won’t kill you.
if you tell anyone, I will kill you and/or your family.
the woman has choices there - shut up and be raped, or scream, still get raped and then die.
afterwards, she can either tell, which may get herself or loved ones injured, or she can remain silent and not say anything.
The intent behind those choices is VERY different from “have sex with me or I tell people you are gay” even though such a decision as you pointed out with your gun example would be conscious, the alternative is death, not a ruined rep.
What we should consider here is the damage this person is to take in case this one has or not sexual intercourse.
What i ask is where and how we draw the line of damage intensity… The complete lost of reputation may be death for someone who is psycologicly unprepeared for that and so on.
Well what if he does not have sex with her, she turns around and screams homosexual. Then, 6 days later, 6 weeks, a year, or even 3 hours after she screams it, a guy who is homophobic kills him because the man with the phobia is afraid of homosexual people.
Or…
Maybe the man who was sexually assaulted is terrified of being a homosexual and is terrified that people will think he is one.
If you fear being called Larry, you are truely afraid of this and think it will ruin your life, and I say have sex with me or I’ll tell everyone your middle name is Larry, it would scare the hell out of you. We all know that there is nothing wrong with being Larry but I used your fear as a way to force you into sex.
with the date rape drug, the victim is under the influence, so either 1. they are passed out or 2. they are making a decision under the influence of a drug.