consent is consent bro Originally Posted by RaikageI disagree...consent given was for protected sex...consent was not given for unprotected sex...if a provider consents to protected sex and the john removes the condom and forces unprotected sex the original consent is constructively withdrawn imho...thats rape
consent is consent bro Originally Posted by RaikageIt does - but you're forgetting it only lasts until it is no longer consent with the utterance of one word: "STOP". And all doubt in removed by "STOP NOW".
It does - but you're forgetting it only lasts until it is no longer consent with the utterance of one word: "STOP". And all doubt in removed by "STOP NOW".Good point...it is as they say a slippery slope
Now if he got inside and she realized 3 seconds later he was bareback, AND said stop now, AND he persisted -- I would say this is an open and closed case. The condom isn't even of any relevance, but only the fact that she ended consent.
However. This is more fucked up and I really don't know off hand the right principles, philosophically, to decide if the judge's call is reasonable in this case. FOR EXAMPLE, he is creating a new class of rape called "sex achieved under false pretenses". So what happens now when a guy is in a high-end sports car RENTAL CAR, and the woman sleeps with him because she thought it is really his car? Rape. What happens when a guy claims his salary is 6 figures, out on the date, but fails to mention that he is self-employeed so after self employment tax destroys him, he barely makes as much as a company man on the $70k salary payroll? Again, sex under false pretenses, RAPE!!! These are all cases where the woman consented only because she believed a certain fact to be true (condom on dick VS owner of car). It might be a leap for my particular examples, but there are muddy, muddy waters ahead for less obvious examples I haven't dreamed up -- I'm sure.
A lot of ... dumbish girls in foreign countries sleep with my one friend because they ACTUALLY BELIEVE he is Bruno Mars. He just nods his head, whatever you say woman... I guess now he'll be a rapist because when she wakes up in the morning and texts his photo to her friend who explains he is NOT Mr Mars.... her consent was only given to Mr Mars himself and not my friend. Originally Posted by parasitius
I disagree...consent given was for protected sex...consent was not given for unprotected sex...if a provider consents to protected sex and the john removes the condom and forces unprotected sex the original consent is constructively withdrawn imho...thats rape Originally Posted by bachusyou disagree that consent is consent? You guys misunderstood my words completely. The guy didn't have consent to take off the condom, so it was not consent.
As for the condom thing, calling it rape might be a bit drastic. Condoms can break during the sex act. So now I have to worry of a rape conviction because of an accident? Sex can be a risky thing. When you consent to sex you also assume all the risk involved with sex. That means condoms breaking and STDs, etc. In any case, a morning after pill can solve one of the issues, but the STD one might be harder. Although, I know you can make a case against someone if they knowingly give you an STD. Real world cases of that have trialled. Originally Posted by decoyoctopus88
What if the guys dick is small and it falls off? Rape imo is forcing someone but this wasn't the case as I understand. I think he should have gotten a better lawyer. If this were the case there would be lots of rapes going on from this site... Originally Posted by CongratulationsHaving 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.