Posted on 02/16/2010 10:19:38 AM PST by FredJake
Your hypothetical starts in the courtroom with a strictly, “he said , she said” case. It’s a nonstarter.
In such a case, I would hope that the judge or jury would find reasonable doubt. Frankly, I would never, and in fact never did, refer a case that was simply a “he said, she said” case. Some can be very tough calls, but I would never want to see an innocent man get convicted.
On the other hand, there are women that file false complaints... as far as I am concerned, they can throw away the key on those pieces of trash.
It would depend on how strong a case they each made and how believable they were I suppose. How would anyone make that kind of determination? But the original discussion was if saying no part way through sex and the person disregarded it, was that rape and I can’t see how it’s not. Determining it in a court of law however would prove difficult with no other evidence than hearsay. But simply because something is difficult to prove doesn’t make it ok or legal. That is my point.
I’m curious. Would you say it works the same the other way?
If the woman is on top and the man has a change of heart and says “No, stop, I don’t want to do this. Please get off of me” and the woman continues to have sex with him, is that rape on her part?
That’s right. Rape is a crime of violence in which sex is the weapon.
Sorry about the mix up.
We disagree then, fundamentally. She is able to say no at any point.
If I understand you correctly, in your world a boy is a dog is a pig is a rat.
That’s something you two have in common, now.
Did you read the article?
“She is able to say no at any point.”
I don’t disagree with that verbatim statement. But under NO circumstances should a reasonable jury call it RAPE. Misdemeanour assault, fine. But UNDER NO CIRCUMSTANCES “rape”.
“If the woman is on top and the man has a change of heart and says “No, stop, I don’t want to do this. Please get off of me” and the woman continues to have sex with him, is that rape on her part?”
Yes.
Good on you for a response that’s clear, direct and consistent.
Unwanted sex forced upon anyone is rape. There are plenty of women in the world capable of such disgusting things.
If there are woman who can kill their own babies, I see no reason to think there would be women above raping a man (or another woman, or a child).
And thankfully, the things we can’t sort out in courts will be sorted out by God himself in the next life.
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