View Full Version : What is rape?
Insomniac
12-27-2008, 06:25 AM
For example, while having sex with a willing child can never be allowed (they can't make informed consent), is it really rape in the same way forcibly having sex with one would be?
Along the same lines, having sex with a blacked out girl, a passed out girl, and holding a knife to a girl's throat threatening to cut her open during the act are all wrong and obvious to the point nothing more need be said about it. But are all three scenarios an act of rape? What if the perpetrator doesn't know the girl is blacked out? What if the passed out girl had too many free drinks bought for her? What if the girl doesn't want to have sex, but goes along with it, or says no and comes around to it (imagine long-time couples).
We could say the same of mentally retarded people being taken advantage of. How stupid does a person have to be for it to be rape? What if one is retarded and the other is at the low-end of normal intelligence? And again, this is separate from kicking and screaming sodomy of a mentally disabled person.
There are probably more examples, but I think this will do.
My question, then, is what is rape? Is it all of these things, and if so, what does it mean for someone to be a rapist?
Morfin
12-27-2008, 10:33 AM
The first issue is the term "rape." In common usage, this term refers to any non-consenual or illegal sex, both forced and what is referred to as "statutory rape." I suppose the better legal term is sexual assualt.
Rape/Sexual assault is non-consenual sex. Every example you gave related to the ability to give consent. In the case of coercion at knife-point, a woman saying yes is not giving consent, just as a contract is not binding if it is signed under duress or coercion. In the case of a minor, the minor is deemed unable to be able to legally give consent, therefore, there is no consent. Same as the mentally retarded person: lacking the capability to give consent.
In regard to the passed out girl, remember that the standard is that the girl must give consent, not that the man may proceed unless the girl says no.
Your last question of what is a rapist, goes more to how Society uses the term. Someone who forces another person to have sex is considered a rapist. Someone who has sex with a minor who is willing (but legally unable to give consent) is not considered a "rapist" as the force aspect is not involved.
Finally, you ask "What is rape?" I ask "What is Love?"
glgO_bJ4AgI
I believe it leans more towards the one dong the raping. Of the examples you cited, not all of them involve the victim fighting back. So if the 'rapist' is taking advantage of the victim, or not receiving true consent, then we're talking about rape.
IMO.
What is rape?
Baby don't hurt me
Don't hurt me
No more
The Batman
12-27-2008, 02:15 PM
Finally, you ask "What is rape?" I ask "What is Love?"
That song isn't really about rape is it?
Charlatan
12-27-2008, 05:43 PM
Well, since words mean whatever we agree on, I think it's useful to define rape as sex without informed consent. That covers all of those things. Are you looking for some cosmic, non-arbitrary definition? 'Cause I don't know that it exists.
I'll let you guys discuss this a bit longer before giving the answer.
Charlatan
12-27-2008, 05:48 PM
Are you going to type it out, or is it more of a demonstration?
shihalude
12-27-2008, 09:43 PM
who cares
Morfin
12-27-2008, 09:45 PM
That's why you joined, shihalude? Nice start, loser. Go fuck yourself. Or introduce yourself.
Charlatan
12-28-2008, 03:41 AM
I think 75% of the rep I get is for my avatar. The other 25% is neg rep.
Nature's Folly
12-28-2008, 04:59 AM
Rape is me fucking you in the ass with no lube, whispering how much i love you.
El Kikko
12-28-2008, 06:45 AM
surprise sex?
Draven X 23
12-28-2008, 04:39 PM
http://i41.tinypic.com/2uswuj9.jpg
etifupleez
01-11-2009, 01:32 AM
When Jay Leno bangs chicks, even if it is the girls who volunteer, it still counts as rape.
etifupleez
01-11-2009, 01:45 AM
Wow. I give that a Gay+.
Sounds like a Leno joke.
LaCalaca
01-11-2009, 02:06 AM
For example, while having sex with a willing child can never be allowed (they can't make informed consent), is it really rape in the same way forcibly having sex with one would be?
Up until what age can they still be considered children? And upon reaching which age can they be expected to make informed decisions?
Because I think age per se has absolutely nothing to do with it. You can be a minor, and still be perfectly aware of what you are consenting to, just as much as a 40 year old can agree to something "irresponsibly".
If a 17 year old rapes a 30 year old woman, can he be blamed? Is he too young to know any better?
Does the same argument work both ways?
Morfin
01-11-2009, 11:02 AM
You've got two issues here. The victim vs. the rapist.
Society has set a minor's age at 18 and in many states the age of consent to have sex is lower.
You're correct that certain situations demand different results. In my area about 10 years ago, an 18 year-old high school senior got a blow job from a 14 year-old high school freshman. Because he was an adult and she was below the state age of consent, he was convicted of criminal sexual assault. To me, this was ridiculous and to say that the 14 year-old didn't understand what she was doing and did not consent is ludicrous, as is the fact that if the boy had been 17 years-old, it would not have been a crime.
Now, your question regarding the 17 year-old rapist, the minor can, in most states, be tried as an adult, depending on the crime and facts. Yes, he is a minor but given his age, he can be deemed to be old enough to form the requisite intent.
So, the answer to your question is yes.