Interesting comment about not being able to separate the legal definition from your general idea of what rape is. I feel the same way, but there are a few exceptions. In cases where someone actually did consent but the law says it doesn't count I don't really think of that as rape. For example if Kris *previously* told Pat "I would love it if you had sex with me while I'm unconscious.". That probably wouldn't work legally, but it's good enough for me. Or on the other hand in some places (such as England, I think?) if Kris is a woman, she can't commit rape no matter what, but I don't agree with that.
I agree that if Pat previously (and very recently - like, immediately before the sex and while Pat was sober) told Kris "I would love it if you had sex with me while I'm unconscious" it would be okay, because I think that qualifies as consent.
Looking back, I over-simplified my relationship with the law. I live in England myself, and I'm not sure about how legal discussion of female-on-male rape works exactly. The law is very specific about "penetration of the victim", so I'm almost certain that women can be convicted for rape if they penetrate another person with a "penis-like object" (a dildo, fingers, whatever). But if a women forces a man to penetrate her, I believe this would be considered sexual and not rape assault in the eyes of the law. I completely agree with you that this is bullshit and sexist.
Is this rape?
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Interesting comment about not being able to separate the legal definition from your general idea of what rape is. I feel the same way, but there are a few exceptions. In cases where someone actually did consent but the law says it doesn't count I don't really think of that as rape. For example if Kris *previously* told Pat "I would love it if you had sex with me while I'm unconscious.". That probably wouldn't work legally, but it's good enough for me. Or on the other hand in some places (such as England, I think?) if Kris is a woman, she can't commit rape no matter what, but I don't agree with that.
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dom180
9 years ago
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I agree that if Pat previously (and very recently - like, immediately before the sex and while Pat was sober) told Kris "I would love it if you had sex with me while I'm unconscious" it would be okay, because I think that qualifies as consent.
Looking back, I over-simplified my relationship with the law. I live in England myself, and I'm not sure about how legal discussion of female-on-male rape works exactly. The law is very specific about "penetration of the victim", so I'm almost certain that women can be convicted for rape if they penetrate another person with a "penis-like object" (a dildo, fingers, whatever). But if a women forces a man to penetrate her, I believe this would be considered sexual and not rape assault in the eyes of the law. I completely agree with you that this is bullshit and sexist.