Is this rape, sexual assault or neither?

28 Comments

Lets say that a woman consents to sex. And during said sex, the man switches from oral or anal sex to vaginal sex WITHOUT asking specific consent first. So he doesn't stop and say "can we do vaginal now?". Then soon after he begins vaginal intercourse, the woman gets pissed and shoves him away and later acuses him of rape. What is this considered? You can answer either in legal terms or in your personal opinion, or both.

Rape. 4
Sexual assault. 1
No charge. 14
Other charge (explain in comments). 3
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Comments ( 28 )
  • Oddmeme
    4 years ago

    I, personally, wouldn't call it rape. Unless the woman was telling him no or to stop, this isn't considered rape. But then again, it also depends on where you live, as to what the laws in your city say.

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    • Doesnormalmatter
      4 years ago

      Well he stopped the moment she realized she didn't want vaginal.

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      • Oddmeme
        4 years ago

        Then no, more than likely, it's not considered rape since she consented to having sex. That's really the only thought for most people. "Well, she said yes, so I can do what I want with her now."
        Was it a wrong choice not to ask?: Probably.
        Should it be considered rape or be taken to police?: Probably not.

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        • Doesnormalmatter
          4 years ago

          Yeah. I mean the issue is that she claims is was rape and she assumed it was oral and anal only beforehand. Why, I could not tell you. But she claims rape.

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  • [Old Memory]
    4 years ago

    It's called the women is bat shit crazy

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    • Doesnormalmatter
      4 years ago

      Well either way she claimed rape and that could be a problem for my friend.

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  • [Old Memory]
    4 years ago

    There’s no such thing as rape. There’s just regular sex and surprise sex.

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    • Doesnormalmatter
      4 years ago

      So consent doesn't matter? Do you know rape is a legal term?

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  • Zoey64
    4 years ago

    If he doesn't stop, then it becomes rape, but only if she says. Consent can be revoked at any time, but it needs to be stated.

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    • Doesnormalmatter
      4 years ago

      He stopped the moment she made it clear she did not want vaginal.

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  • chrysocolla
    4 years ago

    Oh man. I hadn't heard the old 'switch rape' hypothesis in years.

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  • JellyBeanBandit
    4 years ago

    He needs an oral and vaginal-specific consent form, lol. Nah once they're having any kind of sex then consent is given. The only thing he needs to do when switching the type of sex is go slowly to give her enough time to say no, and to judge from her body language whether it's cool to go in.

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  • leggs91200
    4 years ago

    In the middle of action is probably not the best time to negotiate what the other person does or does not want.

    I do not know how she would explain things though. Would it be like, "Yes we were having sex but then I decided in the middle that I didn't want to." I do not think she would have much of a leg to stand on.

    Is this woman thinking of trying to have the guy prosecuted?
    Some women play nasty games like that. Sometimes mere physical flirting and others get so far as the bedroom then suddenly decide not to. They are called prick teasers.

    I wouldn't be surprised if that girl already had a bad reputation. Even though the thought of being charged with rape is very uncomfortable, I doubt it would happen. However, if some cop does want to talk with him, he should NOT do so without an attorney present. Even if he is in the right, talking to the police without an attorney will not help anything.

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    • Doesnormalmatter
      4 years ago

      Yes she is trying to prosecute him. But if hes convicted I don't see where this goes next. Do you have to detail everything you plan on doing before hand to consent to sex? I mean it was vaginal which I think means she may have a case but I'm still baffled tbh.

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      • leggs91200
        4 years ago

        Well like I said, he should not talk to the cops or other law agent without his attorney.

        I do not know how it is decided if a man is guilty of rape. Or course when one thinks of rape, it is kind of the "stranger jumping out of the bushes" type but if they are both in the damn bed consensually, "rape" might be kind of hard to prove.

        BTW, I am no attorney myself but saying he should not answer questions without an attorney IS advice.

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        • Doesnormalmatter
          4 years ago

          Yeah thats what I would differ to. He had no intentions so when in doubt innocent, but now his repuatation is fucked even if he isn't charged.

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          • leggs91200
            4 years ago

            What about the woman? Does she have a "past"?

            You know there are women out there who actually do this on a regular basis.

            You know, the bad thing about sex is it is more hassle and possible aftermath than it is even worth, unless in a solid relationship.

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            • Doesnormalmatter
              4 years ago

              I don't know anything really about this woman tbh. Probably another horny college bitch tryna take advantage of people. Your last sentence I do however, disagree with.

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  • [Old Memory]
    4 years ago

    If these were really the facts (there's always 2 stories) no cop or prosecutor would waste a second on this.
    ...it does make me wonder is getting laid is going to soon require some triplicate form like taking out a mortgage. Forplay will be "sign by the X, Initial here, and here, and here..."

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    • Maid_in_Pink
      4 years ago

      They would totally go after this. The #MeToo movement has created a huge cascade effect of every single hint of an abuse or rape case being chased to completion.

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  • litelander8
    4 years ago

    Just fucking rude. A gentleman would wait till she begged 😈

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    • Doesnormalmatter
      4 years ago

      I'm not saying it was fine I just don't know what to call it legally. This man doesn't want the punishment of a rapist for this.

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    • Mrown
      4 years ago

      calm down satan

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  • DeathXN
    4 years ago

    I mean, in legal ways this can be considered rape.

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    • Maid_in_Pink
      4 years ago

      This specific explanation in it's current form is not considered rape(though there isn't sufficient information to determine that wholly). After two consenting adults begin any sexual act there is at that time a determined social contract. Similar to common-law ideals such as common-law marriage and so forth there are certain things that pertain to those social contracts that are enforceable by the law or not. If there were an assertion of guilt upon all non-agreed sexual acts then even changing positions would technically be rape if either partner didn't like them.

      That being stated the fact that she said no and pushed him away raises two questions:

      1. Did she specifically state before hand that there was to be no vaginal intercourse?

      2. Did he attempt to continue after she had said no?

      Those two factors are what would determine if it's a potential sexual assault, not just the fact that it happened. If she said before they began having sex that vaginal intercourse was not agreed upon then yes, he would have committed an act of sexual assault(Rape by it's legal definition). The same is true if he was told no and attempted to continue. To go as far as to try him directly for rape is the question, generally all cases of sexual assault that result in penetration are subject to Rape charges but that is ultimately up to a court decision as to if it is full blown felony rape or sexual assault or a case of mistaken consent. The responses to those two raised questions and the overall judgement towards the implied consent of sexual acts with a known partner are all usually considered in a final verdict.

      EDIT: I feel like I should include the baseline that this doesn't grant individuals of past sexual encounters or even current encounters to do something entirely without consent. Like ripping off a condom and blasting someone in the face or vaginally or whatever is NOT ok just because they didn't have time to say no. Things of that nature are implied when protected sex is agreed upon at time of consent. The same goes for physical assaults such as slapping, choking, etc even though they are common erotic elements in consensual sex they aren't automatically included in general verbal consent...If that makes sense?

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      • Doesnormalmatter
        4 years ago

        She did not state that she didn't want vaginal before hand. She claims it "was implied" however it was never specifically stated. And I know he did not try to continue after being shoved off, that they both agree on I think. This is all from my friend tho so it may be biased however he is telling me what she says so her side is still known.

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    • Doesnormalmatter
      4 years ago

      Can or is? Was I not specific enough in describing the scenario?

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  • Doesnormalmatter
    4 years ago

    This is my post and I would like to say that I have no clue on this so don't feel like I'm here just to disagree and avoid commenting.

    Also, this DID NOT happen to me!!! However, unfourtunatly, I'm asking for a friend, who was indeed acused of rape.

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