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Thread: Is This Rape?

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    Is This Rape?

    It is in my view - though not forcible! However...
    LOS ANGELES — A California appeals court overturned the rape conviction of a man who authorities say pretended to be a sleeping woman's boyfriend before initiating intercourse, ruling that an arcane law from 1872 doesn't protect unmarried women in such cases....

    .................................................. ..............
    ...Morales pretended to be her boyfriend in the darkened room, and it wasn't until a ray of light from outside the room flashed across his face that she realized he wasn't her boyfriend, according to prosecutors.
    ...Another question comes to mind.

    If a man makes himself out to be someone he's not, and as the relationship evolves he goes off his best behavior, could that also be construed as rape?

    Should rape be interpreted with caveats?

    California Appeals Court Overturns Rape Conviction, Rules State Law Doesn't Protect Unmarried Women
    “Those who can make you believe absurdities can make you commit atrocities,”
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    Senior Member Bryn Mawr's Avatar
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    Re: Is This Rape?

    Quote Originally Posted by Ahso! View Post
    It is in my view - though not forcible! However......Another question comes to mind.

    If a man makes himself out to be someone he's not, and as the relationship evolves he goes off his best behavior, would that also constitute rape.

    Should rape be interpreted with caveats?

    California Appeals Court Overturns Rape Conviction, Rules State Law Doesn't Protect Unmarried Women
    If he actively pretended to be her boyfriend in a deliberate attempt to have intercourse then, yes, it was rape.

    If she allowed intercourse assuming it was her boyfriend then, no, not rape.

    In this instance deception is immaterial - she was asleep when he started therefore had not given her consent so it was rape.

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    Re: Is This Rape?

    Quote Originally Posted by Bryn Mawr View Post
    If he actively pretended to be her boyfriend in a deliberate attempt to have intercourse then, yes, it was rape.

    If she allowed intercourse assuming it was her boyfriend then, no, not rape.

    In this instance deception is immaterial - she was asleep when he started therefore had not given her consent so it was rape.
    I don't get the distinction. What's sleep? If a person while "asleep" moves their legs due to motion from the other party, is that person actually asleep, or are they consenting?
    “Those who can make you believe absurdities can make you commit atrocities,”
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    Senior Member Bryn Mawr's Avatar
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    Re: Is This Rape?

    Quote Originally Posted by Ahso! View Post
    I don't get the distinction. What's sleep? If a person while "asleep" moves their legs due to motion from the other party, is that person actually asleep, or are they consenting?
    Which distinction?

    If they are asleep then they cannot have given a conscious consent.

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    Re: Is This Rape?

    But she did consciously consent for the person in her bed before going to sleep, so her assumption of the person in bed with her being her boyfriend was already established.
    “Those who can make you believe absurdities can make you commit atrocities,”
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    I have only one thing to do and that's
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    Re: Is This Rape?

    It's quite simple rape is sexual intercourse without explicit consent. If you have sex with someone who is drunk and semi-conscious is it rape even if she doesn't actually say no. If you have sex with someone who is asleep and starts responding before fully awake it is rape. This guy clearly knew she would not consent knowingly or willingly that's why he sneaked in it was rape. Why is it even being discussed?

    fraudulent impersonation to have sex wasn't rape because the victim would consent, even if they were being tricked into thinking the perpetrator was their husband.

    That's like arguing conning people shouldn't be illegal because the person being conned agrees. What's behind that is an attitude that the sexual access to a woman is not hers to give or decline as she chooses. If you can con her that's OK.

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    Re: Is This Rape?

    Quote Originally Posted by gmc View Post
    It's quite simple rape is sexual intercourse without explicit consent. If you have sex with someone who is drunk and semi-conscious is it rape even if she doesn't actually say no. If you have sex with someone who is asleep and starts responding before fully awake it is rape. This guy clearly knew she would not consent knowingly or willingly that's why he sneaked in it was rape. Why is it even being discussed?



    That's like arguing conning people shouldn't be illegal because the person being conned agrees. What's behind that is an attitude that the sexual access to a woman is not hers to give or decline as she chooses. If you can con her that's OK.
    We call that good salesmanship here in the US.
    “Those who can make you believe absurdities can make you commit atrocities,”
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    I have only one thing to do and that's
    Be the wave that I am and then
    Sink back into the ocean

    Fiona Apple

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    Senior Member Bryn Mawr's Avatar
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    Re: Is This Rape?

    Quote Originally Posted by Ahso! View Post
    But she did consciously consent for the person in her bed before going to sleep, so her assumption of the person in bed with her being her boyfriend was already established.
    Where does the article say that? To the contrary, it says that her boyfriend was in the room when she fell asleep and that Morales entered the room after her boyfriend left.

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    Re: Is This Rape?

    She wasn't sleeping in an open public place. Therefore it appears to me to be reasonable for her to assume the only person who would be in her bed would be a person she consented to being there.
    “Those who can make you believe absurdities can make you commit atrocities,”
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    I have only one thing to do and that's
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    Sink back into the ocean

    Fiona Apple

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    Re: Is This Rape?

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    I suppose you are going to argue this wasn't a legitimate rape because the girl didn't resist.

    Social media casts spotlight on Ohio rape case - CNN.com

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