is this considered rape? or not?

Question

if an adult girl 'initially' gives consent to have sex with a guy, but as they get going, the guy starts to get aggressive, and violent. by that time the girl no longer wants to have sex, so she repeatedly asks him to stop. but the guy wouldn't. and he starts using force while she tries to stop him using verbal and physical signs. (pushing him away, screaming, crying, punching, slapping and kicking).
The whole act in the end results in multiple bruises, bleeding lip a torn nipple and a crying girl. and one satisfied drunken man.
how would you define this??

Answer 1

YES! Document everything you can remember including photographs of your injuries. Call the rape hotline. Make sure you are able to prove the following elements (my class notes are not with me, so I'll do my best to remember--although rape is not a federal crime, so it depends on which state you are in).

1. Sexual intercourse
2. Unwanted (this CAN occur at any time)
3. Rapist is AWARE that it is unwanted (e.g., he will probably claim "it was a consentual "no" as she had already said yes." You have the evidence of trying to physically push him away. This is a MAJOR part of proving the criminal elements. Rape is the only crime where the mental state of the victim is relevant.
4. Use of force (must prove physical force was used on you--document the physical injuries).

This abolutely IS rape. It is completely up to you whether or not you wish to take the case forward. If you do choose to prosecute, you will need to report the rape to the police. At this point, however, you lose control over how the case proceeds.

The court will assign a prosecutor to the case who will talk with you, see what evidence you have and decide if she can make a good case on it. Then, she will file the indictment against him if she does. More likely than not he will be offered a plea bargain and get a shorter sentence. This is NOT a bad thing.

If the case does go to trial, you may be asked to testify and that would require you to tell the story in open court, answer the prosecution's questions as well as the defense's cross-examination. You may wish to get your own counsel if this is the case. Check with a local law school that may have a clinic offering free legal services (by a specially trained student, supervised by an attorney professor).

Overall, DO NOT BLAME YOURSELF! You did everything you possibly could. Stay away from this monster. And remember what alcohol can do to a person. You have an absolute right over your body which means that no one may touch you in an inappropriate way or in any way without your consent.

Stay strong. Talk to a rape counseling center. Talk to a good friend/mentor/teacher/mother. And decide the best course for healing, whether it be through the criminal system or otherwise.

Answer 2

Well since he is mentally challenged it may not be considered rape. But still you must tell a doctor or police or something. Honestly not to sure, because what he is doing is wrong. Also you should search this on google like under the rape section of a Law.

Answer 3

Regardless of how it started, whom it's with, and or what the end result is, once "no" or stop is made clear and acknowledged, if it doesn't stop it's rape. The legal system still has a way of making the victim look like they deserved it, or wanted it, but it still is a violent crime and given the low chance of justice, odds are more people will use deadly force to stop it or answer it. If I were you, knowing what I now know, with the bruises and marks, I would've saved the courts the time, and gave the coroner something to do.

Answer 4

NO means NO. The law is very clear on that. This is a clear case of rape and physical assault.

Answer 5

Deema.... how come, such a story coming thru ur mind.....? This situation has to be a result of sure lust & nothing else.... Hence RAPE and nothing else.... Look for the indepth details of Greatness of discription about the "ling & yoni".... it cant be by force at any point of time in any type of relation.....

Answer 6

RAPE, and it needs to be reported, a woman as does a man have the right at anytime to say no and the minute those words come out of ones mouth any contact must stop! If this has happened to you, u need to report it!!

Answer 7

Every person has a right to say "no" during any point in the encounter and legally, as well as morally, expect the other person to cease sexual activity. It's rape, plain and simple.

Answer 8

Rape, Assault and anything else the police can charge him with. I am a male. The very thought of a man even slapping a women, to me means he isn't a man, he's a coward. If someone did that to you get the police involved. If you did It to someone, get the police involved

Answer 9

Holy cow! Yes, that is rape. Contact the police.

Answer 10

I'd define it as a good reason to tie a rope around his balls and drag his sorry a$$ down the street behind your car. The law would at least define it as assalt and prolly a lot more.