Would you consider this rape?

Watch
username2080673
Badges: 18
Rep:
?
#1
Report Thread starter 3 years ago
#1
Here are some articles to acknowledge -

http://www.newstalk.com/Man-in-Switz...om-during-sex-

http://metro.co.uk/2017/01/11/man-gu...woman-6375798/

https://sputniknews.com/europe/20170...ng-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?
0
reply
Eunomia
Badges: 19
Rep:
?
#2
Report 3 years ago
#2
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.
1
reply
tamilux
Badges: 3
Rep:
?
#3
Report 3 years ago
#3
idk. it is sex under false pretenses tho... i would consider it rape if she's explicitly stated that she wanted to use protection
2
reply
Jeniecechantelle
Badges: 12
Rep:
?
#4
Report 3 years ago
#4
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
0
reply
username2080673
Badges: 18
Rep:
?
#5
Report Thread starter 3 years ago
#5
(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:.
0
reply
NeeceLondon
Badges: 7
Rep:
?
#6
Report 3 years ago
#6
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.
8
reply
Yaboi
Badges: 17
Rep:
?
#7
Report 3 years ago
#7
Not rape, no.
0
reply
username521617
Badges: 17
Rep:
?
#8
Report 3 years ago
#8
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?
0
reply
Pikachū
Badges: 2
Rep:
?
#9
Report 3 years ago
#9
Only if it means women who lie about being on the pill are guilty of rape too.
0
reply
yudothis
Badges: 20
Rep:
?
#10
Report 3 years ago
#10
(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...
3
reply
SophiaNeuning
Badges: 2
Rep:
?
#11
Report 3 years ago
#11
(Original post by Conceited)
Here are some articles to acknowledge -

http://www.newstalk.com/Man-in-Switz...om-during-sex-

http://metro.co.uk/2017/01/11/man-gu...woman-6375798/

https://sputniknews.com/europe/20170...ng-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.
1
reply
yudothis
Badges: 20
Rep:
?
#12
Report 3 years ago
#12
(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.
1
reply
Nirvana1989-1994
Badges: 20
Rep:
?
#13
Report 3 years ago
#13
(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.
1
reply
Aerospengie
Badges: 12
Rep:
?
#14
Report 3 years ago
#14
(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?
0
reply
Nirvana1989-1994
Badges: 20
Rep:
?
#15
Report 3 years ago
#15
(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.
1
reply
Aerospengie
Badges: 12
Rep:
?
#16
Report 3 years ago
#16
(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?
0
reply
Nirvana1989-1994
Badges: 20
Rep:
?
#17
Report 3 years ago
#17
(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.
0
reply
aadam10
Badges: 10
Rep:
?
#18
Report 3 years ago
#18
As a law student, I do believe this would be considered rape.
0
reply
yudothis
Badges: 20
Rep:
?
#19
Report 3 years ago
#19
(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?
0
reply
Status-Quo
Badges: 0
Rep:
?
#20
Report 3 years ago
#20
Yep, I would. :mad:
1
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Should there be a new university admissions system that ditches predicted grades?

No, I think predicted grades should still be used to make offers (706)
33.93%
Yes, I like the idea of applying to uni after I received my grades (PQA) (889)
42.72%
Yes, I like the idea of receiving offers only after I receive my grades (PQO) (393)
18.89%
I think there is a better option than the ones suggested (let us know in the thread!) (93)
4.47%

Watched Threads

View All