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Degrees of rape - The poll


Does rape come in degrees?  

163 members have voted

  1. 1. Does rape come in degrees?

    • Yes - Lots of types - some worse than others
      106
    • No - It's all equally bad
      48
    • I have no idea
      9


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No I was just pointing out how arbitrary the rules regarding age of consent are. Children mature at different rates and I've met some REALLY immature late teens/twenty year olds and some really mature 'children'. Perhaps a 'one size fits all' age limit should be reconsidered? What about introducing an 'adulthood' test, sort of like a 'driving licence' for living'?

 

Interesting. I'm just wondering at what age you apply the test? Or would the test only apply if and when a case was brought before the courts to determine responsibility?

 

That’s the whole point a judge and jury should apply a “test”, I think that is what Ken Clarke was suggesting ......... judge each case on its merits.

 

I've absolutely no idea! Maybe as a 'qualification' from school? You know written test on how well you understand the responsibilities of 'adulthood'? Required to buy Alcohol and cigs etc?

 

There is such a thing:- it's called the Gillick Competency test, (there's also the Fraser test which I believe deals specifically with the competence of a minor to request contrceptive treatment)

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Interesting thread,

 

here is my experience (mine not a friend)

 

Was on holiday when I was 21 with the ex-girlfriend, reading Max Power magazine on the beach, I am sure a lot of you know it (boy racer cars magazine for those that don't)

There was a centre spread of readers girlfriends type thing, and a girl in there that said Anna from Sheffield 18 years old boyfriend drives a Corsa and she was posing in sexy underwear, very hot girl

 

A few weeks later I bumped into her in town on a night out and recognised here and got chatting, she gave me her number and we parted ways but continued texting for a few days and arranged to meet the following weekend in town for a few drinks.

 

The weekend came and I met her and we ended up having 1 drink then I suggested going to a hotel for the night for a laugh, she agreed and we spent the night there and has sex several times, she was 100% not a virgin and really knew what she liked.

 

the following morning I dropped her home and that was that, she was not looking for a boyfriend and just wanted some fun so we did not arrange to meet again, about 6 or 7 months went by and I bumped into her in town again queuing up for a club, I said hello and asked how she was etc etc and she said yea all is well,,,,, then she said by the way I have a confession to make!

Ok I replied,,,,,, to which she said "I am not really 18, I was 15 when we met last and I am out on my 16th birthday tonight"

 

I did not repeat the night!!

 

SO!!!!! Technically I had statutorily raped a 15 year old, but I do not for 1 second think I personally did anything wrong morally at all, legally yes but I would argue to the end of time that the law would be wrong to prosecute me for that.

 

or I could have made all that up (just to be safe)

 

Answers on a post card

 

..and fortunately for you being 21 at the time, you have an excuse-the young man's defence, where mistaken age can be used as a defence, although it might not get you off the charge.

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Maybe that's why we stick with arbitrary age limits?

 

I think you're right. There needs to be a defining line which applies to all, if only to simplify matters. I do believe the law needs a radical change as it does seem to pigeon hole certain offences as the same, if only by tarring it with a particular hot little word.

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Well the poll is discussing rape in various degrees, I'm saying that rape is simply the act of having sex with someone without their consent, stated or implied-so no I dont agree there are various degrees of it, you either have consent, or you don't.

 

The circumstances of the rape are where I'd agree with Ken Clarke and the law already takes account of the factors that make one offence 'worse' or 'better' than another, but the convicted are still rapists, just as convicted murderers are murderers whatever mitigating factors bear in their favour.

 

or you have consent but it is not legal consent:D

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First degree murder

Second degree murder

Manslaughter

 

Do we need rape to be classified in this way?

 

Under age rape

Date rape

Implied consent rape

No consent rape.

Er, excuse me but that is clearly tautologous. All rape is no consent rape. Rape is rape, quite simple. As Boyfriday has pointed out there may be mitigating circumstances but at the end of the day rape is rape and 99% of men know deep down when they're committing an act of rape and a woman is not consenting.

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