Degrees of rape - The poll

[Bassman62]

You've loaded the question, because that isn't rape.

Exactly but that is what most women claim later.

[Bassman62]

A woman who is not in full control of herself while drunk can easily allow a man to have sex with her, while not actually consenting.

Or declining.

[MC Spyda]

Or declining.

 

Indeed. Yet rape is often cried in these situations.

[xstitcher]

So are you saying that a female who gets stupidly drunk and allows an equaly drunk male to have sex with her but later cries rape has suffered as much as a female (child or adult) who is attacked, dragged on to waste land, beaten in the process and then raped?

 

the definition of rape is "A intentionally penetrates the v*****, a*** or mouth of B (the complainant) with his p*****;

_ B does not consent to the penetration; and,

_ A does not reasonably believe that B consents."

 

we are not talking about the other actions that happen during the rape,

if consent isnt given/or the person isnt in a position to give consent (underage, drunk) that it is rape.

[ronthenekred]

So are you saying that a female who gets stupidly drunk and allows an equaly drunk male to have sex with her but later cries rape has suffered as much as a female (child or adult) who is attacked, dragged on to waste land, beaten in the process and then raped?

 

Have you read the thread? Do you understand what rape is or means? It isn't difficult to grasp if you can put your brain into gear. For once in your life try to remove the mush and think logically rather than deciding which hand to hold your pitchfork in.

 

Btw, you've overlooked the question above. Any chance of an explanation?

[Chris_Sleeps]

Exactly but that is what most women claim later.

Then a woman bears some responsibility to not getting herself in that situation, and a man also bears some responsibility to not getting into that situation. I wouldn't dismiss a claim of rape just because a woman had been drinking.

 

It's a legal minefield though, the whole rape situation. I can see why Ken Clarke said what he said, and I can also see why the prosecution stats are so low for rape. I don't support any cause that says "they should be higher," because the law says that the rapist has to be guilty 'beyond doubt', which is very hard to gauge in a case where some willing participation was taken by the woman.

 

Morally, legally, I say there are no degrees of rape. All rape is bad.

[MC Spyda]

Morally, legally, I say there are no degrees of rape. All rape is bad.

 

From a purely definitive point of view I agree, rape is rape, just like kidnap is kidnap, but each rape case should be taken on it's individual circumstances.

 

Just like if someone was kidnapped, but then released within 10 minutes, I would expect the criminal to be given more leniancy than someone who kidnapped someone but kept them for 10 days. What they have actually endured needs to be taken into account.

[Kaimani]

Many people can't remember fully what happened whilst they're drunk, whether they said yes or no.

 

you're right. and, most times, if you can't remember you hardly likely to get a convictions-reasonable doubt and all that.

 

rape tends to be rape because of of what the victim sees it to be. many women raped within marriages and relationships know something wrong is going on but might not call it rape. same with kids being messed with. like 'having to say yes' coz of blackmail etc. it all comes back to the same thing; the power of the aggressor over the victim.

 

the emotional effect of the act, i think, as well as the issue of 'consent' make it rape.

[Kaimani]

Indeed. Yet rape is often cried in these situations.

 

if she can't consent, or decline, and you can reasonably be shown to know you knew this was the case then it's rape.

[carosio]

like 'having to say yes' coz of blackmail etc.

Emotional blackmail, as distinct from physical threat, opens up a separate issue; either party can be guilty of this.