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Is it rape if you don't want it to be? Watch

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    Curious if anyone knows legally if two people are hooking up. They aren't dating. And they end dating other people. But during the time they hook up they hadconsensual encounters before and after. One of the time they are drunk at a party and didn't take her bcp and doesn't want to do it. But doesn't neccesarily say no. Like she made excuses but he kind of persisted. He convinced her to let him just do stuff other than sex. And at first she said stop but during she didn't and they both ended up climaxing but she never actually gave permission to have intercourse. But later they hooked up even after that a few times. Would this be legally rape or no? Even if she rather not see it that way. Also they're both 17.
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    Things are technically rape which actually aren't.
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    (Original post by nrb17)
    Curious if anyone knows legally if two people are hooking up. They aren't dating. And they end dating other people. But during the time they hook up they had consensual encounters before and after. One of the time times the girl is drunk and didn't take her bcp and doesn't want to do it. But doesn't neccesarily say no. Like she made excuses but he kind of persisted. He convinced her to let him just do stuff other than sex. And at first she said stop but during she didn't and they both ended up climaxing but she never actually gave permission to have intercourse. But later they hooked up even after that a few times. Would this be legally rape or no? Even if she rather not see it that way. Also they're both 17.
    Well if she didn't consent, and wasn't in the right state of mind (ie drunk) then yes
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    Rape is unconsented sex, so if you feel like you didn't give another man/female permission to touch you sexually - then its rape. But your situation is a mess. Why is the girl drunk when shes only 17? Hmm. Don't do it if you can't handle it.
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    (Original post by KaylaB)
    Well if she didn't consent, and wasn't in the right state of mind (ie drunk) then yes
    oops my bad I forgot that part they both were drunk. my bad soory
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    (Original post by nrb17)
    Curious if anyone knows legally if two people are hooking up. They aren't dating. And they end dating other people. But during the time they hook up they hadconsensual encounters before and after. One of the times the girl is drunk and didn't take her bcp and doesn't want to do it. But doesn't neccesarily say no. Like she made excuses but he kind of persisted. He convinced her to let him just do stuff other than sex. And at first she said stop but during she didn't and they both ended up climaxing but she never actually gave permission to have intercourse. But later they hooked up even after that a few times. Would this be legally rape or no? Even if she rather not see it that way. Also they're both 17.
    Ok firstly, they're both over 16, so it's perfectly legal for them to have intercourse. Secondly, she was drunk which is not the best thing because she probably wasn't thinking straight at the time.

    If she made excuses then it's likely she did want to have sex but maybe she would have preferred to be sober when she did, which would explain why she initially said stop.

    His persistence and convincing was very selfish of him because he would have realised that she wasn't sober enough to enjoy it and so he effectively did it against her will. Her not giving him permission just shows that she was too drunk to stop him and/or resist. So it could be classified as rape, but it depends on how you see it.
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    (Original post by nrb17)
    oops my bad I forgot that part they both were drunk. my bad soory
    That's a very messy situation :curious:
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    (Original post by samina_ay)
    Rape is unconsented sex, so if you feel like you didn't give another man/female permission to touch you sexually - then its rape. But your situation is a mess. Why is the girl drunk when shes only 17? Hmm. Don't do it if you can't handle it.
    Well they both have substances available from their parents but they got drunk at a party.
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    Its a messy situation, I would say that it probably isn't (having sex again afterwards helped the case for me) but technically a rape case could probably be made.
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    (Original post by TuppenceB)
    Ok firstly, they're both over 16, so it's perfectly legal for them to have intercourse. Secondly, she was drunk which is not the best thing because she probably wasn't thinking straight at the time.

    If she made excuses then it's likely she did want to have sex but maybe she would have preferred to be sober when she did, which would explain why she initially said stop.

    His persistence and convincing was very selfish of him because he would have realised that she wasn't sober enough to enjoy it and so he effectively did it against her will. Her not giving him permission just shows that she was too drunk to stop him and/or resist. So it could be classified as rape, but it depends on how you see it.
    well they both were impaired. I was more curious if the fact that she didn't say yes would mean rape or not. Like I said the reason she said no was because she didn't take birth control and didn't want to have sex completely unprotected.
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    (Original post by nrb17)
    well they both were impaired. I was more curious if the fact that she didn't say yes would mean rape or not. Like I said the reason she said no was because she didn't take birth control and didn't want to have sex completely unprotected.
    She said something along the lines of 'no I don't want to have sex' so unless she's said or done something after which equated to consent, it would technically be rape regardless of why she didn't want to have sex.

    But as pointed out there is a big difference between technicality and actuality.
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    I would lean to saying this is rape based on only those facts however I would want to know more about the relationship before and after before saying for definite

    Before to comply with the sexual offences act 2003 s1(1)(c) A does not reasonably believe that B consents. it would make a difference
    After as if the relationship continues for a long time I would personally feel that it could be someone trying to punish someone for the relationship rather than the act

    Even though I lean towards it being rape there is no where near enough evidence to convict
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    I'd probably say it isn't rape.
    I'm no lawyer though haha.
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    (Original post by dean01234)
    She said something along the lines of 'no I don't want to have sex' so unless she's said or done something after which equated to consent, it would technically be rape regardless of why she didn't want to have sex.

    But as pointed out there is a big difference between technicality and actuality.
    She made excuses as to why she didn't want to do it. Therefore implying she wasn't interested in having sex at the time. Which is why he further convinced her to. idk it's too gray of an area for me to think it was.
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    (Original post by joecphillips)
    I would lean to saying this is rape based on only those facts however I would want to know more about the relationship before and after before saying for definite

    Before to comply with the sexual offences act 2003 s1(1)(c) A does not reasonably believe that B consents. it would make a difference
    After as if the relationship continues for a long time I would personally feel that it could be someone trying to punish someone for the relationship rather than the act
    they didn't have a relationship. They ended up dating other people.
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    Climax or not, if there is no consent that is rape.

    Also it's such a gross thing to just persist when someone doesn't exactly want to have sex with you.
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    (Original post by nrb17)
    they didn't have a relationship. They ended up dating other people.
    When I say relationship I don't mean dating.
    You said "they hook up they had consensual encounters before and after." So this would suggest probably not but it would also depend on how long before and after this occurs.
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    (Original post by nrb17)
    She made excuses as to why she didn't want to do it. Therefore implying she wasn't interested in having sex at the time. Which is why he further convinced her to. idk it's too gray of an area for me to think it was.
    Yeah I re-read the OP and you did say that she didn't explicitly say no. I think if she was dead set on it, she probably could make a case for it. But it is a complex situation, definitely a gray area. For me depends on her actions in coming around to the idea of having sex.
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    The only thing that matters is whether she was capable and gave consent at the time of intercourse. All the other stuff before and after is irrelevant.
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    Rape.

    Consent not given.

    The incidence of climax or not is utterly irrelevant.
 
 
 
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