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    (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 quite a difficult issue to judge, according to British Law

    Rape;

    (1)A person (A) commits an offence if—

    (a)he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

    (b)B does not consent to the penetration, and

    (c)A does not reasonably believe that B consents.

    (2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

    (3)Sections 75 and 76 apply to an offence under this section.

    (4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

    They definitely consented to the penetration, so not rape. However should be guilty of causing a person to engage in sexual activity without consent;


    (1)A person (A) commits an offence if—
    (a)he intentionally causes another person (B) to engage in an activity,
    (b)the activity is sexual,
    (c)B does not consent to engaging in the activity, and
    (d)A does not reasonably believe that B consents.
    (2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
    (3)Sections 75 and 76 apply to an offence under this section.
    (4)A person guilty of an offence under this section, if the activity caused involved—
    (a)penetration of B’s anus or vagina,
    (b)penetration of B’s mouth with a person’s penis,
    (c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
    (d)penetration of a person’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for life.
    (5)Unless subsection (4) applies, a person guilty of an offence under this section is liable—
    (a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
    (b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

    Under 1(c)(d) and 4(a)

    (Original post by Jeniecechantelle)
    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
    What is rape by deception? I'm not being simple (well I am) but I mean is it a more sensible definition than the only one I've heard so far which is if they lie and tell you they have a ferrari or a million pounds or whatever (if people factor that in they're shallow and deserve to be lied to)
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    (Original post by GonvilleBromhead)
    What is rape by deception?
    There have been cases. A woman was sentenced to eight years for deceiving her female lover that she was a man, and having sex with her (always by rear entry to conceal the strap-on dildo).

    A man could pose as the woman's boyfriend in the dark, or as his own identical twin. A broken promise of marriage to induce acceptance of intercourse. All have happened.
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    (Original post by yudothis)
    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...
    That's a different scenario. No allusion to bondage or BDSM whatsoever. I take issue with the fact that if it'd have been the other way round nothing would've come to fruition such as in a case where she lies about being on the pill. But, I do understand your point.

    (Original post by loooopppyyy)
    Yes its rape.

    Think about it people, she consented to sexual intercourse with a condom, she didn't consent to sexual intercourse without...

    If he had HIV or something, would people still be battling his corner ffs????

    Would we be having this discussion if he pulled out and decided to go up the 'other' way without her permission? I don't think consenting to sexual intercourse is the same as consenting to anything/everything.

    However with all this said, I think it would have to be 100000% sure that he did any of this against her will to warrant police action, too many people are willing to tell lies nowadays without a second thought of the potential to ruining someone elses life.
    We don't know is she consented to sex with the stipulation of a condom. Assuming she didn't talk about protection or even hint to it, would you still consider it rape?
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    (Original post by Good bloke)
    There have been cases. A woman was sentenced to eight years for deceiving her female lover that she was a man, and having sex with her (always by rear entry to conceal the strap-on dildo).

    A man could pose as the woman's boyfriend in the dark, or as his own identical twin. A broken promise of marriage to induce acceptance of intercourse. All have happened.
    Very interesting (in an academic macabre way) cheers. Functionally then its part of the 'reasonable consent' procedure as per standard rape law not a common law concept of its own? As in they were tried under the statute as it currently is rather than adding a 'common law precept' to statutory interpretation?
 
 
 
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