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I am doing research on "Consent under the law". I would like to know your views.

2006-10-03 03:56:48 · 11 answers · asked by Justanian 1 in Politics & Government Law & Ethics

I find surfinthedesert's answer most logical. You must be an intelligent man and a great thinker. Well done.

2006-10-03 04:04:56 · update #1

11 answers

It is rape if at any point during sexual contact one partner says NO, clearly and definitively, and means it. That she dressed up in a nice, pretty dress to attract attention is no excuse for rape. That she went into your bedroom and stripped naked is no excuse for rape. That she began to have intercourse with you and then decided against it is no excuse for rape. If she says no, whether she's half naked and already engaged in sex, is the point in time in which the sex should stop. You have no inate right to "completion".

Proving rape in such scenarios is very difficult, obviously, and that she was a willing participant in the sex at one point will become fodder for any defense attorney. That still doesn't make it right.

2006-10-03 03:58:47 · answer #1 · answered by surfinthedesert 5 · 7 0

Unless consent is given the courts will rule it as rape. That said in many cases if a woman offers no resistance (assuming she is able to) and does not say no, many juries will acquit.

Rape by law is any nonconsensual intercourse. Age plays into this as well under "age of consent" laws that are different in every state. There is also the ability of the victim to be able to refuse due to mental, physical, and drug or alcohol usage prior to the activity. You can't get them drunk or drug them and it be consentual nor can you entice the mentally handicapped.

You also have to consider laws regarding sexual contact which heavy petting would fall under may have been violated.

2006-10-03 04:11:28 · answer #2 · answered by my_iq_135 5 · 0 0

Yes. I'd say that there is a line that was crossed. A person male or female has the right to refuse advances at any point. Yes maybe it is confusing if they take part in the petting and foreplay activities but if at any point the person refuses and says that's enough then anything further is rape.

2006-10-03 04:06:26 · answer #3 · answered by poof10958 4 · 1 0

technically, this isn't research

It's public opinion polling, and not valid in any research paper.

my view: no.

She has the right to refuse at any time, even during the act. If you do not immediately stop, you are guilty of rape.

And who is being raped? Are you suggesting the man is being "raped" because he became aroused by the petting? Maybe I misunderstand your question. I apologize if that is the case.

2006-10-03 04:05:28 · answer #4 · answered by powhound 7 · 0 0

No means no. A wife can refuse intercourse with her husband and if he forces her to have intercourse, it's still rape by law. Any forced intercourse after a woman (or man) says no is rape.

2006-10-03 04:07:46 · answer #5 · answered by Anonymous · 0 0

You could be right at the point of cumming and she tells you to get off to stop and tries to push you off and you refuse and keep going.. it is rape.

At any time if the other person decides they no longer want to be in that situation the other person should stop right away! no matter how much pain it could cause them later!

2006-10-03 04:02:14 · answer #6 · answered by FerymayGirl 3 · 1 0

Basically, "no" = rape. I thought the law was pretty austere about this to minimize confusion. If you've been to college, you've been to the lecture where they emphasize that no matter what's happened, if your partner says "no" you'd better stop.

2006-10-03 03:58:57 · answer #7 · answered by jonjon418 6 · 2 0

what if there was no penile penetration just heavy petting and a thumb inserted half way then she stopped then called police after and claimed rape

2017-03-27 11:58:08 · answer #8 · answered by Roseanne Castellano 1 · 0 0

If she says no to intercourse and he then forces himself on her, then yes it is Rape. No means No, at anytime, in anyplace.

2006-10-03 03:59:12 · answer #9 · answered by BiancaVee 5 · 2 0

Of course, isn't that what we are supposed to teach young women as they are growing up? "You can say no/stop at any time".

2006-10-03 04:39:06 · answer #10 · answered by Brian D 4 · 0 0

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