Some man does sex related sentimental talks on PHONE with his girlfriend. He further makes her to say that she is WILLING to do sex really & she will meet & do sex with him whenever she gets chance.
That man records all those statements of girl by his VOICE recording phone.
But 1 month later she CHANGES HER DECISION & says 'no' to meet & breaks up relation with him.
Q===Will they set him free from charges of rape, done by putting her in fear of death; because man has taken & recorded her WILL & CONSENT already on phone?????
2007-05-17 00:40:58 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
First you answer this I give consent to have a cup of coffee with you this evening but we don’t meet & after one month we meet & you insist for having a cup of coffee with me because I gave my consent to it a month back, can you force me now for taking a cup of coffee with you? Your answer will be No you cannot force me for that. Why I gave a very simple example for a thing which is nothing to do with any law or legal aspect but just a matter of courtesy. Similarly even in law & especially in Criminal law we have to see each & every aspect of the case, complete evidence on record & circumstances relating to the whole matter in question. Any consent given for any act is for the time it was given, if you consented for sexual intercourse one month back it was for that time only not for perpetuality. Even if you had given consent on phone for it but when you met him you changed your mind then still it will not be called consent, for the purpose of consent it has to be when the act is being committed not before or after. The court will see if at the time of sexual intercourse there was consent of the lady or not, if there was no consent at that very moment it amounts to RAPE otherwise NOT.
2007-05-17 01:07:00 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
Consent is not something that once given, is given forever.
If you record someone saying that they give consent, it stands in court as evidence only for that very specific moment in time when it was said.
E.g. If you had sex with the person (whose voice you recorded) two minutes after the recording was made, and then she cried rape. You can use the tape recording as proof that at the time it was consentual, she just changed their mind at a later date.
5 months however is an entirely different matter. Even 5 hours, is an entirely different matter! The recording does not show what her current opinion was at the time, and therefore you cannot use it as evidence.
Example: Loads of girls want to sleep with Brad Pitt. I'm sure loads have said that in the past too. But Brad Pitt couldn't then just go up to any girl he see's, rape her and then say "well she said she wanted to ages ago" can he?
2007-05-17 01:00:32 · answer #2 · answered by Adam L 5 · 0⤊ 0⤋
A woman can say yes and then at the very moment of potential intercourse change her mind and the man must oblige or it is rape. Even if she says no after the act has started, the man must stop or it is rape.
2007-05-17 01:05:02 · answer #3 · answered by FaerieWhings 7 · 0⤊ 0⤋
Consent to sex can be withdrawn at ANY TIME, even in the middle of the act itself.
If she changes her mind and you keep going it is rape.
2007-05-17 02:51:33 · answer #4 · answered by joeanonymous 6 · 0⤊ 0⤋
Consent is ONLY valid for the moment itself.
It becomes useless at the moment someone says NO.
** also, the fact this person recorded this, makes me suspicious. WHY would you record this? To what end? Did you know something wasn`t right? **
2007-05-17 00:55:41 · answer #5 · answered by U_S_S_Enterprise 7 · 2⤊ 0⤋
He will be charged with rape if he rapes her. Her consent a month ago, or even 5 minutes ago, is irrelevant.
It is no longer a consensual act.
2007-05-17 00:47:00 · answer #6 · answered by Erin Gamer 3 · 2⤊ 0⤋
All that matters is what was said at the moment of the crime. Women have the right to say "NO" and stop the process at any time and have legal protection for that event.
2007-05-17 00:44:31 · answer #7 · answered by wizjp 7 · 1⤊ 0⤋
coffee
2017-03-14 07:33:30 · answer #8 · answered by maha 7 · 0⤊ 0⤋