RAPE CONVICTION FOR REMOVING CONDOM

bachus's Avatar
Having a small dick and the condom falling off can be an accident. However the guy still knows if it's on his dick or not and thus continuing knowing its not on is not an accident.

rape
[reyp]
noun
1.
unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim. Originally Posted by Britttany_love
+1
+1 Originally Posted by bachus
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This is a weaselly way to add so much to the definition that is clearly not subsumed under it in my personal view! With or without force is not the key term at all, since it is part of the definition that covers someone being unconscious or asleep! What is under discussion here is whether or not it is possible to essentially retro-actively removal consent due to new information one was not aware of at the time! Very different from this simple definition and becomes a question of rule of law for the man in some cases. (E.g. can a man always and under all normal circumstances know in advance that he is within the confines of the law? If he didn't himself know the condom broke or fell off, he may be getting criminalized for something beyond his control, etc.) Legal interpretation would be needed in every country and further statutes to hammer it out. Existing wording leaves it up in the air.
Britttany_love's Avatar
The article explains that the guy was charged for rape because he took the condom off himself. The woman consented for covered sex, she did not give him permission/consent to take it off and continue. Her consent was broken when he took the condom off and continued with out her being in agreement. He did not physically force her (by holding her down, beating her or drugging her) but he did violate her by putting his bare cock in her. An ok/yes was never given so she didn't give consent. The article had nothing to do with a condom breaking or falling off both which can happen by accident and arent what landed him in hot water. He is in trouble because he by himself removed protection that was required by his partner and with out her consent.
Omnivor's Avatar
Next problem: a woman sabotages a condom to get pregnant.

Is this rape?

Note: I am not trying to justify what that French bastard did, and I think he deserved the conviction, and a harsher punishment than 12 months suspended(no jail time)
Freedom42's Avatar
Or what about content to sex with the "understanding" that a condom is used, but one is not. For example, first 2 times condom is used, but the third time a condom is not used (couldn't find one) is that rape.

Based on the above, if the women said "I'll only have sex if you use a condom" then there is no consent. However, what if it was only implied or "understood"?
Britttany_love's Avatar
As a female who uses a condom when having sex, I damn sure watch you put it on or I will do it myself. If your hesitating, taking to much time or making a weird gesture Im gonna be checking. It doesnt matter if a condom was used 100 times or if a girl let you fuck her 1 time with out, consent is given per encounter only and one should never assume with out asking (that is what gets you in trouble). A yes one time can most definitely be a no the next. For example: I paid my electric bill the last 5 times in a row with my debit card it does not give the company the right to just charge it next month just because i've done it before. I have to give them an ok(consent) before they do so. Same goes if I let you put a finger in my ass one time dont assume you can just do it again..unless you want a throat punch! I may have been ok that one time but not again.

If a condom is not available that is between both parties to discuss and up to them to give consent and continue if everyone is in agreement. That was not the case here. It's not ok if you do not have a condom and YOU choose not to tell your partner that makes you a piece of shit and in the wrong. Why you would do something to someone that they said no to is sick!

The two people in this article had never met before and had talked on tinder. They met up decided to fuck, she said you HAVE to wear a condom or it's not ok, he put it on, the he took it off with out her knowing and without permission. So the we have/havent used a condom before has no point here and consent is still needed.

I haven't heard of many women who sabotage a condom to get pregnant do it so they can cry rape. They're doing it typically to lock someone down or for money. What sense would it make to sabatoge a condom to cry rape? You get pregnant, guy goes to jail, your stuck raising a kid by yourself and your getting no money from him? That seems like a very expensive way to screw yourself over. He will be in jail, broke, and a registered sex offender she wont be benefiting much. You can save yourself by just blowing in her mouth.
Omnivor's Avatar
I mean if she sabotages the condom, can he claim rape. I don't see how she could.
Britttany_love's Avatar
Although men can be raped I highly doubt anything would stand. What does she do pop a hole in the condom? If he is the one wearing it he should either be providing his own (safer) or checking out the one provided to him when he is putting it on his dick.

If you bring your own condom you dont have to worry about the girl messing with it, if you used what they had its pretty much on you, you put it on and felt safe enough to continue so its on you now. If a condom is compromised it will most likely break so no real way to prove once its broken it could simply be an accident caused by you putting it on, a finger nail..etc.

Accidents happen, a broken condom is pretty self explanatory.. it broke, however a perfectly good condom being pulled off for no reason does not.
Omnivor's Avatar
Oh yes, hard to prove, almost impossible to convict, but I think by the same standard as the guy who slips it off, it is legally rape, or sexual assault.
Britttany_love's Avatar
If that was to happen both are fucked up. The male taking the condom off and the woman who compromised it. Both should be convicted evenly.
  • Tack
  • 01-17-2017, 11:36 AM
There is a work around. Try to get the condom to break inside the female without the female knowing. Then bust a nut, and then pull out pretending you had no ideal the condom broke. You can not be held liable for what the law considers an accident. The provider would be left with burden of proving intent or negligence.
The real message here iit isn't cool to do shit to a woman if she is not cool with it it's common decency and some cases a matter of law.
Freedom42's Avatar
?..
If a condom is not available that is between both parties to discuss and up to them to give consent and continue if everyone is in agreement. That was not the case here. It's not ok if you do not have a condom and YOU choose not to tell your partner that makes you a piece of shit and in the wrong. Why you would do something to someone that they said no to is sick! Originally Posted by Britttany_love
Total agreement on the last sentence.

However, either I was t clear or you missed my point. Let's say that a couple NEVER discussed condom use, but a condom was ALWAYS used. After the Nth night of sex they wake up at 4am and have sex without a comdom. Can the women claim rape since she never consented to sex without a condom?
Britttany_love's Avatar
First your not understanding or not reading what this post was about and taking it in a different direction. This was 2 strangers meeting for a 1 time hookup. Where the guy was charged with violating his partner because they both agreed to fucking with a condom, he took it off with out getting an okay and in the ended landed his ass an assualt/rape charge.

You are making this into a question about people who are a couple and taking this in a total different direction. Couples typically are people in a committed- private relationships and are not strangers having sex. They have openly discussed their sexual boundaries and know typically what is ok and not ok. This is not at all what the subject at hand is about!

Its very clear! You've been fucking a girl.. awesome! Ya'll have banged twice both times agreeing to use a condom. The third time it is 4 am (not sure why time matters for condom use but ok) yall want to fuck cool if yall have always used a condom then it should be used. Since both agreed and had the understanding it has always been required then IT MUST BE USED.. unless you both have said otherwise. What is so hard about asking?? Grown men to scared to ask a simple question that will save your ass? Like hey we have been fucking for a while, the last 2 times we used a rubber.. is that what you want?? Simple.. if it's a yes don't be a dumb ass and do it with out. If it is a no we dont need it.. then go the fuck ahead.

Its 100% simple if your going to do something sexual, that your partner has not agreed to or given you an ok and you do it with out her consent.. that being a yes.. an ok, thats fine with me!! Then your're in the wrong and thats assualt. Quit being dumb and just ask!