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Old 05-11-2009, 12:29 PM
 
Location: Victoria TX
42,663 posts, read 74,269,803 times
Reputation: 36087

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Quote:
Originally Posted by Redisca View Post
So, a paralyzed woman can't be raped? What if a woman has, say, muscular dystrophy and can't move, so the rapist doesn't actually have to apply physical force? Is having muscular dystrophy tantamount to consent to sexual intercourse?

Happy to do it:

NOW -- please give me a definition of rape that is consistent with your idea that forcing a woman to have sex isn't necessarily rape.
Those were your words. My concurrence with them was to agree that "if a woman lets a man" enter into what appears to be a consenting intimate contract, the woman must be prepared to deal with the consequences of having done so, as well as the difficulties that may arise in abrogating that contract.

I'm sure the dictionary publishers will welcome your suggestions about your definition breakthrough, and rush it into print in the next edition.

 
Old 05-11-2009, 12:32 PM
 
Location: Pinal County, Arizona
25,107 posts, read 35,205,885 times
Reputation: 4899
Quote:
Originally Posted by jtur88 View Post
Yes it is. It is perfectly consistent with all my prior statements. No force or duress, no rape.
And, if at anytime the woman says "NO", and the man continues, is that rape in your mind?
 
Old 05-11-2009, 12:40 PM
 
Location: Victoria TX
42,663 posts, read 74,269,803 times
Reputation: 36087
Quote:
Originally Posted by Greatday View Post
And, if at anytime the woman says "NO", and the man continues, is that rape in your mind?
In both criminal and civil law, the court uses the "reasonable man" test. If, under the circumstances, a "reasonable man" would have believed that consent was being withdrawn, he would be committing rape if he continued.

If the woman said "Oh, wait, stop a minute, I just remembered I have to phone my hairdresser and cancel my appointment", would it be rape if he disregarded the urgency of that development?

If the woman says "Pull out" just before ejaculation, and the request is ignored, is that rape?
 
Old 05-11-2009, 12:51 PM
 
Location: Pinal County, Arizona
25,107 posts, read 35,205,885 times
Reputation: 4899
Quote:
Originally Posted by jtur88 View Post
If the woman says "Pull out" just before ejaculation, and the request is ignored, is that rape?
Could very well be -
 
Old 05-11-2009, 12:55 PM
 
Location: Victoria TX
42,663 posts, read 74,269,803 times
Reputation: 36087
Quote:
Originally Posted by Greatday View Post
Could very well be -
What would you consider the appropriate sentence for that? 20 years of hard labor, and then a sign on the lawn for the rest of his life?
 
Old 05-11-2009, 12:56 PM
 
Location: Pinal County, Arizona
25,107 posts, read 35,205,885 times
Reputation: 4899
Quote:
Originally Posted by jtur88 View Post
In both criminal and civil law, the court uses the "reasonable man" test. If, under the circumstances, a "reasonable man" would have believed that consent was being withdrawn, he would be committing rape if he continued.
And if the man is drunk and the woman said no? We can go back and forth all day -

The fact of the matter is, the general rule of criminal law regarding rape (sexual assaults) is, if the woman says no, meekly or loudly - in any fashion, and the man continues doing what he was doing, even if no penetration occurred, the man can be charged with, at the very least, sexual assault or if penetration occurred, even digitally, rape.

If the man, in any way, tried to unduly influence the woman, by intentionally trying to reduce her inhibitions (as in getting her drunk, or putting a drug in her drink), the man could be (and often are) charged with rape even if the woman did not say no.
 
Old 05-11-2009, 12:57 PM
 
Location: Pinal County, Arizona
25,107 posts, read 35,205,885 times
Reputation: 4899
Quote:
Originally Posted by jtur88 View Post
What would you consider the appropriate sentence for that? 20 years of hard labor, and then a sign on the lawn for the rest of his life?
Whatever the sentencing guidelines are for the state in question.
 
Old 05-11-2009, 01:00 PM
 
Location: Victoria TX
42,663 posts, read 74,269,803 times
Reputation: 36087
Quote:
Originally Posted by Greatday View Post
And if the man is drunk and the woman said no? We can go back and forth all day -
No we can't go back and forth, because you are an absolutist, and accept no mitigating circumstances to some silly set-in-stone rule that you read in a magazine in the check-out line.
 
Old 05-11-2009, 01:03 PM
 
Location: Pinal County, Arizona
25,107 posts, read 35,205,885 times
Reputation: 4899
Quote:
Originally Posted by jtur88 View Post
No we can't go back and forth, because you are an absolutist, and accept no mitigating circumstances to some silly set-in-stone rule that you read in a magazine in the check-out line.
No, I litigate the issues. I have defended individuals charged with rape. Have you?
 
Old 05-11-2009, 01:36 PM
 
Location: Victoria TX
42,663 posts, read 74,269,803 times
Reputation: 36087
Quote:
Originally Posted by Greatday View Post
No, I litigate the issues. I have defended individuals charged with rape. Have you?
No. It might surprise you to learn that I've never even been charged with rape.
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