Quote: (11-05-2013 03:24 AM)Sargon of Akkad Wrote:
Quote: (11-05-2013 02:18 AM)soup Wrote:
This is interesting.
I think a lot of guys would argue that blow jobs are not rape.
Yes, I'm sure a court of law is going to take that as a defense. "He had a knife to her throat and his penis in her mouth against her will...but oh, he left her vagina or anus alone...there was no sexual assault here."
I'm no lawyer, but as far as I'm aware, rape is understood to mean any form of sexual penetration without consent. Period.
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They would also argue that if the girl takes her panties off and presents her pussy to you, this is not rape.
The idea is physical struggle against the sex is proof of rape. In this thinking, if a girl sucks your dick, there was no struggle (she could have bit your dick off, or fought against it).
But what happens when someone has a gun to their head.
Sure, nobody has to do anything they don't want to do.
But, what would you do if someone had a gun pointed towards your head and they told you to suck their dick?
Would you fight against it? If someone put a gun at your head and told you to suck their dick or they were going to kill you, would you do it? Would you say that you didn't against your will? That you were forced?
I bet everyone on this board would do it if they had threat of immanent death at their right or left temple.
If that doesn't classify as rape, what does? This isn't a rhetorical question. There's a lot of seemingly grey areas.
They would also argue that if the guy pulls out his wallet and presents his money to you, this is not an armed robbery.
The idea is physical struggle against giving another person your valuables and wallet is proof of theft/robbery. In this thinking, if a guy hands you his wallet, there was no struggle (he could have fought against it).
But what happens when someone has a gun to their head?
Sure, nobody has to do anything they don't want to do.
But, what would you do if someone had a gun pointed towards your head and they told you to give him all of your cash?
Would you fight against it? If someone put a gun at your head and told you to give him your wallet or they were going to kill you, would you do it? Would you say that you did it against your will? That you were forced?
I bet everyone on this board would do it if they had threat of immanent death at their right or left temple.
If that doesn't classify as armed robbery, what does? This isn't a rhetorical question. There's a lot of seemingly grey areas.
...
Again, rape under most legal definitions is sexual assault (sometimes limited only to penetration -- of any orifice) without (informed) consent. It does not matter whether a struggle took place or whether physical force was involved.
Absence of valid consent is the defining factor in a rape, not the presence/absence of physical force. If the person was drugged, underage, unconscious or so drunk they could not function enough to give or withhold consent, no court is going to let you off simply because "he/she didn't put up a fight".
Ceterum censeo Osakam esse delendam.
What about if you are out drinking with a a girl, a friend of a friend, you guys get really drunk and bang (she does consent, and gives you a blow job as well). She leaves your house with some people, everything seems cool.
The next day you get a call from your friend. The girl can't remember whether or not you had sex.
At the time she consented. Now she doesn't even remember doing it.