The Student Room Group

Would you consider this rape?

Here are some articles to acknowledge -

http://www.newstalk.com/Man-in-Switzerland-convicted-for-rape-for-taking-off-condom-during-sex-

http://metro.co.uk/2017/01/11/man-guilty-of-rape-after-having-unprotected-sex-without-telling-woman-6375798/

https://sputniknews.com/europe/201701111049497744-swiss-rape-removing-condom-sex/

If you didn't get that, a man and women met on Tinder which eventually lead to intercourse. The man decides to take off the condom during the act unbeknownst to the woman. I presume the woman took it to court asserting that she wouldn't have had sex with him without protection. What's your take on it?

Scroll to see replies

I would if they had discussed it beforehand and she was clear that she didn't want to have unprotected sex. If she didn't, that would be stretching things. If he was a murderer but didn't disclose this to her, could she accuse him of rape because she wouldn't have had sex with him if she had known his background? It feels like a slippery slope in this case.
Reply 2
idk. it is sex under false pretenses tho... i would consider it rape if she's explicitly stated that she wanted to use protection
rape by deception perhaps,
but for this she would have had to at least expressively stated that was a condition for the sex they had
Original post by WBZ144
I would if they had discussed it beforehand and she was clear that she didn't want to have unprotected sex. If she didn't, that would be stretching things. If he was a murderer but didn't disclose this to her, could she accuse him of rape because she wouldn't have had sex with him if she had known his background? It feels like a slippery slope in this case.


I agree with you here. I had a discussion today about it and some were saying it'd be rape regardless of whether or not she stated that she wanted protection or not :dontknow:.
She consented to having protected sex, the circumstance changed when he took the condom off and didn't tell her. This deception meant that he went on to knowingly commit an act which she did not consent to. Sex without consent is rape so imo this was rape. I think for public policy reasons it is right for courts to determine situations like this to be rape because the perpetrator has exposed the victim to STI's and potential pregnancy without her choice.
Reply 6
Not rape, no.
She was willingly having sex with him, though. It's just the removal of the condom that's the issue. Hmm, doesn't really sound like rape to me.

If it's judged to be rape, it could set a risky precedent. Condoms can often fall off during sex. When this happens, you'd become an accidental rapist.

Even if it was agreed upon beforehand, I'm still not entirely sure. She continued having sex with him and didn't notice? Okay, maybe. But that makes things trickier in court, and could again set some risky precedents concerning things agreed upon before having sex. Could this be a slippery slope? Would it be rape if a woman told me she'd only have sex with me with my socks off, but unbeknownst to her I leave them on?
(edited 7 years ago)
Reply 8
Only if it means women who lie about being on the pill are guilty of rape too.
Original post by Conceited
I agree with you here. I had a discussion today about it and some were saying it'd be rape regardless of whether or not she stated that she wanted protection or not :dontknow:.


Perfect example of people not understanding what rape entails and what consent is.

Not saying no does not equate to consent. You have to say yes. He didn't ask her if he could penetrate her without a condom, ergo she gave him no consent. Penetration without consent is rape.

On a side note, I personally would feel raped too if say I met someone we got it on with a condom and started some bondage on me and then she took of the condom...
Original post by Conceited
Here are some articles to acknowledge -

http://www.newstalk.com/Man-in-Switzerland-convicted-for-rape-for-taking-off-condom-during-sex-

http://metro.co.uk/2017/01/11/man-guilty-of-rape-after-having-unprotected-sex-without-telling-woman-6375798/

https://sputniknews.com/europe/201701111049497744-swiss-rape-removing-condom-sex/

If you didn't get that, a man and women met on Tinder which eventually lead to intercourse. The man decides to take off the condom during the act unbeknownst to the woman. I presume the woman took it to court asserting that she wouldn't have had sex with him without protection. What's your take on it?


It's not rape, but it is disgusting and an act of intrusion.
Original post by Pikachū
Only if it means women who lie about being on the pill are guilty of rape too.


Firstly, yes, that should count too for the same reason.

However, and I know I repeat myself, but this is another example of how women's issues are treated. Instead of listening and focusing on the issue at hand (a women's issue) people say "oh but what about...(a men's issue)". It shows people don't actually care about the other person's issue. It's "how dare you talk about your issues when I have issues too". It's akin to instead of just listening to and consoling or comforting someone you instead talk about how you had a similar experience and make it about yourself.
Original post by Dandaman1
She was willingly having sex with him, though. It's just the removal of the condom that's the issue. Hmm, doesn't really sound like rape to me.

If it's judged to be rape, it could set a risky precedent. Condoms can often fall off during sex. When this happens, you'd become an accidental rapist.

Even if it was agreed upon beforehand, I'm still not entirely sure. She continued having sex with him and didn't notice? Okay, maybe. But that makes things trickier in court, and could again set some risky precedents concerning things agreed upon before having sex. Could this be a slippery slope? Would it be rape if a woman told me she'd only have sex with me with my socks off, but unbeknownst to her I leave them on?


The 'sock' comparison isn't even remotely the same.
Original post by Nirvana1989-1994
The 'sock' comparison isn't even remotely the same.


It's similar, it's the woman consenting to sex under one condition.

Where then do we draw the line? Is it rape to lie to a woman about your wealth?
Original post by Aerospengie
It's similar, it's the woman consenting to sex under one condition.

Where then do we draw the line? Is it rape to lie to a woman about your wealth?


Not really, since taking a sock off can't lead to pregnancy or contracting STD's.

Plus, did I say it was rape? No, I didn't.
Original post by Nirvana1989-1994
Not really, since taking a sock off can't lead to pregnancy or contracting STD's.

Plus, did I say it was rape? No, I didn't.


Chill, stop being so confrontational.

Yeah, taking socks off has no risk unlike taking off a condom, but it's still the woman only consenting if that condition was met.

Where do you draw the line?
Original post by Aerospengie
Chill, stop being so confrontational.

Yeah, taking socks off has no risk unlike taking off a condom, but it's still the woman only consenting if that condition was met.

Where do you draw the line?


I'm perfectly 'chill', I'm just waiting for the bus and I'm bored.

Line for what?

What he did was wrong, it's not rape, but it's wrong.
As a law student, I do believe this would be considered rape.
Original post by Aerospengie
It's similar, it's the woman consenting to sex under one condition.

Where then do we draw the line? Is it rape to lie to a woman about your wealth?


So because you (somewhat rightly so) believe the line is hard to draw, you think no line should be drawn (other than sex yes or no, i.e. any other circumstances don't matter)?

Would you want it to be illegal to lie to someone about being on the pill?
Yep, I would. :mad:

Latest

Trending

Trending