What Is Rape In 2004?

[Annie]

Take Kobe out of it. The Kobe thread had turned in a weird way. Here's my take:

Forcible rape: Anyone who uses superior strength to have 'their way.'

Date rape: When a participant in any sex act has said, "No" and the other forces compliance. For it to be 'rape' there must be 'force'.

Marital rape: When a partner forces the other in any act against his/her will. I've always had a problem with this. How does one force a guy? If that is impossible, then I guess marital rape is regular rape, which is very different than date rape.

 

[dmp]

sexual penetration without the individual's consent, obtained by force or threat of harm, or when the victim is incapable of giving consent.

here's CA's law...your state may vary:

Reasonable Belief in Consent
Even where the accused uses force, the intercourse may not constitute rape. If, under the circumstances, the accused could reasonably have believed the victim was consenting, there is no forcible rape. This is unlikely when any significant force is used.

It is possible to have a case where the victim submits from fear, but the accused believes the victim consented. This can occur where the parties read "the signals" quite differently. Whether there is rape depends on whether the jury finds that a person in the accused's circumstances could "reasonably" have believed the other party consented. (e.g., Wm. Kennedy Smith trial)

Attempted Rape or Assault with Intent to Rape
When there is no sexual penetration, there is no rape; but there may be attempted rape or an assault with an intent to rape. Unlike rape, attempt or assault with intent are what the law calls "specific intent" crimes. This means that in order to find an accused guilty, the prosecutor must show the accused intended to have intercourse by force or threat of injury and against the will of the victim. Even if the accused unreasonably believes the victim is consenting, the accused does not have the intent necessary for the crime.

Statutory Definitions
Rape is an act of sexual intercourse carried out:

"against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another."
where the victim is unable to resist because of an intoxicating, narcotic, or anesthetic substance that the accused has responsibility for administering.
where the victim is unconscious of the nature of the act and the perpetrator knows it.
where the victim believes, due to the perpetrator's intentional deceptive acts, that the perpetrator is her spouse.
where the perpetrator threatens to retaliate against the victim or any other person, and there is a reasonable possibility the perpetrator will execute the threat -- "threatens to retaliate" means threatens to kidnap, imprison, inflict extreme pain, serious bodily injury, or death.
where the victim is incapable of giving consent, and the perpetrator reasonably should know this.
where the perpetrator threatens to use public authority to imprison, arrest, or deport the victim or another, and the victim reasonably believes the perpetrator is a public official.

Consent
- Non-consented sexual intercourse is not necessarily rape in California. Where the victim is capable of consenting, but does not consent, and the perpetrator does not use force, violence, duress, menace, or induce in the victim a fear of "immediate and unlawful bodily injury," the intercourse does not constitute rape.

- Consent is a defense to a charge of forcible rape. In sex crime cases, California defines consent as "positive cooperation in act or attitude pursuant to an exercise of free will. "

- An accused's reasonable belief that the victim was consenting to an act of sexual intercourse is a defense to a charge of forcible rape.

- A person can commit forcible rape negligently. If the accused did not, but should have, realized that the victim was not consenting, but was submitting because of a perception of force or threat of injury, the accused is guilty of rape.

Resistance and Consent

- At common law, there was a requirement that to establish rape, the prosecution had to show that the victim resisted. California has abolished the resistance requirement as it placed victims in danger.

- While the law does not require proof of resistance, the lack of resistance is a fact that a jury can take into account in deciding whether the accused reasonably believed the intercourse was consensual.

- In most cases, where the accused uses force, violence, etc., or threat of immediate bodily injury, lack of resistance will not matter. Where there is no force, etc., or threat of injury, it may matter.

Unlawful Intercourse
Where a perpetrator, intending to induce a victim into fearing physical injury or death for herself or a relative, obtains consent through a false or fraudulent representation, he commits the crime of unlawful sexual intercourse. The representation must be such as would cause a reasonable person in like circumstances to consent.

Evidentiary and Other Rules

Corroboration rule abolished.
Cautionary instructions abolished.
Psychiatric examinations of complaining witness not generally allowed.
In general evidence of the complaining witness's prior sexual conduct is not admissible.
Exceptions:

prior sexual contact with the defendant
as rebuttal evidence if the prosecutor introduces such evidence
where relevant to attack the credibility of the complaining witness (strict procedure, hearing out of presence of the jury, special findings required) -- prior sexual conduct generally is not relevant to the issue of whether the witness is to be believed, but in certain special cases it may be, e.g.., where the defense makes a creditable showing she has a reason to lie and that reason relates to her prior sexual conduct.

 

[Annie]

Darin, do you have a link?

 

[KarlMarx]

Marital rape: When a partner forces the other in any act against his/her will. I've always had a problem with this. How does one force a guy? If that is impossible, then I guess marital rape is regular rape, which is very different than date rape.

I've always had mixed feelings about marital rape. True, some guys are animals and bully and threaten their wives to get their way. In cases like this, I think it is the law's duty to protect the wife. However, the issue of marital rape has been pushed by the NOW and radical feminists because they believe that marriage is nothing more than institutionalized rape. Many also believe that heterosexual intercourse is rape, period, even when it is consensual. And of course, the feminists are notorious for contriving phony rape statistics.

I sometimes wonder how often this issue has been used against men by women and their attorneys in order to gain some concessions e.g. during a divorce.

I don't want seem like I am trivializing rape, I realize that it is a serious matter and that its victims deserve the law's protection. But the entire issue has also been exploited by the feminists for political gain and by individuals who are seeking either monetary gain or retaliation.

 

[Joz]

...... But the entire issue has also been exploited by the feminists for political gain and by individuals who are seeking either monetary gain or retaliation.

So, what else is new?

 

[dmp]

Darin, do you have a link?

www.google.com

 

[Merlin1047]

I don't want to sound as if I'm being flip about a serious issue, but a certain degree of idiotic philosophy has crept into the national psyche regarding rape. As usual, the lunatic fringe has perverted the term to suit their politically correct agenda. A university professor espoused the view that if the female felt remorse about the sex act on THE FOLLOWING MORNING, then she had been raped. The same professor stated that the use of self-deprecating humor by a male constituted rape if it was used to entice a female. On another campus, a drunken coed entered the room of a male student and proceeded to help herself (the male student offered no objection). The next morning, remorseful and hung over, the female lodged a complaint. The male student was expelled.

The whole thing has spiralled into a morass of lunacy. It's motive force is mostly idiots with no common sense and no concept of the real world.

If I were still single, I believe that I would carry my own version of the Miranda rights advisory statement with me. It might go something like this:

"You have the right to remain celibate.
Should you give up the right to remain celibate,
anything I have may be used on you.
You have a right to foreplay,
and to have sweet nothings whispered in your ear.
You have no right to assume that
any of the sweet nothings are actually true.
You have the right to contraception
or to have me wear a condom.
You have the right to achieve at least one "Big O"
Two to three are to be considered extra benefits.
If you demand anything beyond three,
that will be considered cruel and unusual.
Do you understand these rights as I have explained them to you?"


Release form

I ______________________ , being of sound mind and at least reasonable body, grant ______________________ permission to boink my brains out. This license is granted for a one time use only and has been given without coercion or promise of reward.

I understand that neither I nor _____________________ are obliged to call each other following consummation of this transaction and that ______________ is not obliged to send me flowers or to meet my parents.

Signed this ______ day of ____________ 200_.

(female signature)__________________________
(male signature) ___________________________

witness _____________________________
witness _____________________________
witness _____________________________



I have reviewed the foregoing and found it to be a true and correct statement.


______________________ Notary public. My commission expires: ___________

 

[dmp]

I don't want to sound as if I'm being flip about a serious issue, but a certain degree of idiotic philosophy has crept into the national psyche regarding rape. As usual, the lunatic fringe has perverted the term to suit their politically correct agenda. A university professor espoused the view that if the female felt remorse about the sex act on THE FOLLOWING MORNING, then she had been raped. The same professor stated that the use of self-deprecating humor by a male constituted rape if it was used to entice a female. On another campus, a drunken coed entered the room of a male student and proceeded to help herself (the male student offered no objection). The next morning, remorseful and hung over, the female lodged a complaint. The male student was expelled.

The whole thing has spiralled into a morass of lunacy. It's motive force is mostly idiots with no common sense and no concept of the real world.

Well said - but be warned...there are a few Militant Females on here who will read what you said, get pissed, and reply back to it as if you said something like "When a woman says 'no', she REALLY means 'yes'".

 

[dilloduck]

I don't want to sound as if I'm being flip about a serious issue, but a certain degree of idiotic philosophy has crept into the national psyche regarding rape. As usual, the lunatic fringe has perverted the term to suit their politically correct agenda. A university professor espoused the view that if the female felt remorse about the sex act on THE FOLLOWING MORNING, then she had been raped. The same professor stated that the use of self-deprecating humor by a male constituted rape if it was used to entice a female. On another campus, a drunken coed entered the room of a male student and proceeded to help herself (the male student offered no objection). The next morning, remorseful and hung over, the female lodged a complaint. The male student was expelled.

The whole thing has spiralled into a morass of lunacy. It's motive force is mostly idiots with no common sense and no concept of the real world.

If I were still single, I believe that I would carry my own version of the Miranda rights advisory statement with me. It might go something like this:

"You have the right to remain celibate.
Should you give up the right to remain celibate,
anything I have may be used on you.
You have a right to foreplay,
and to have sweet nothings whispered in your ear.
You have no right to assume that
any of the sweet nothings are actually true.
You have the right to contraception
or to have me wear a condom.
You have the right to achieve at least one "Big O"
Two to three are to be considered extra benefits.
If you demand anything beyond three,
that will be considered cruel and unusual.
Do you understand these rights as I have explained them to you?"


Release form

I ______________________ , being of sound mind and at least reasonable body, grant ______________________ permission to boink my brains out. This license is granted for a one time use only and has been given without coercion or promise of reward.

I understand that neither I nor _____________________ are obliged to call each other following consummation of this transaction and that ______________ is not obliged to send me flowers or to meet my parents.

Signed this ______ day of ____________ 200_.

(female signature)__________________________
(male signature) ___________________________

witness _____________________________
witness _____________________________
witness _____________________________



I have reviewed the foregoing and found it to be a true and correct statement.


______________________ Notary public. My commission expires: ___________

or theres the old,
wanna do this ?
wanna do this?
wanna do this?
wana do this ?
wanna do this?
romantic

 

[Merlin1047]

or theres the old,
wanna do this ?
wanna do this?
wanna do this?
wana do this ?
wanna do this?
romantic

Lol - or there's my favorite definition of foreplay - thirty minutes of begging.

Or redneck foreplay - "Get in the truck, honey"

 

[KarlMarx]

Lol - or there's my favorite definition of foreplay - thirty minutes of begging.

Or redneck foreplay - "Get in the truck, honey"

Then there's the Italian version of foreplay "Hey...are you awake?"

 

[Joz]

I appreciate the funnies, fellows!

When we've become a people that can sue a company because you've gotten fat on their food, or the coffee's too hot, or you had an accident because you turned on the cruise control & left the driver's seat (yes this happened) HOW can you expect this, of all things, be different?

A big concern of mine is 'attempted' rape. Now, Musicman performs...on a stage, & is very well known. And you know how goofy some women can be?

When I work (ed) nearby Musicman sometimes would walk ( other car son borrowed) to the bar & help me close since it was in a secluded area of a shopping center. Sometimes, men & women would offer him rides because of the bad weather. And tho' I don't begrudge him getting out of the cold, I have warned him against this.
What happens when one of these women makes a pass at him or ANY ONE OF YOU MEN & he refuses? As vindictive as some women are, what would keep them from reporting an attemped rape?
And who are the authorities going to believe? How do you prove it DIDN'T happen? Whose lives are going to be ruined ?

 

[dilloduck]

I appreciate the funnies, fellows!

When we've become a people that can sue a company because you've gotten fat on their food, or the coffee's too hot, or you had an accident because you turned on the cruise control & left the driver's seat (yes this happened) HOW can you expect this, of all things, be different?

A big concern of mine is 'attempted' rape. Now, Musicman performs...on a stage, & is very well known. And you know how goofy some women can be?

When I work (ed) nearby Musicman sometimes would walk ( other car son borrowed) to the bar & help me close since it was in a secluded area of a shopping center. Sometimes, men & women would offer him rides because of the bad weather. And tho' I don't begrudge him getting out of the cold, I have warned him against this.
What happens when one of these women makes a pass at him or ANY ONE OF YOU MEN & he refuses? As vindictive as some women are, what would keep them from reporting an attemped rape?
And who are the authorities going to believe? How do you prove it DIDN'T happen? Whose lives are going to be ruined ?

sorta my point on the Kobe thread. There are so many definitions that sooner or later attempted rape laws are going to get so trivialized that they aren't taken seriously. Women would be hurt by that. Men are hurt by accusations even if they don't hold up in court--defending yourself ain't cheap and your rep is shot.

 

[Joz]

--defending yourself ain't cheap and your rep is shot.

My point exactly. So, is there a solution?
Men & women can no longer associate for fear of pissing off the fairer sex and getting waylaid or fearing a man's strength and sense of self-serving? (yes, I'm aware that not ALL men are like that....but then neither are women)

 

[dilloduck]

My point exactly. So, is there a solution?
Men & women can no longer associate for fear of pissing off the fairer sex and getting waylaid or fearing a man's strength and sense of self-serving? (yes, I'm aware that not ALL men are like that....but then neither are women)

certainly not one that will make everyone happy.

 

[dmp]

People should simply video tape every sexual encounter. Problem solved

:hornball: