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Questions tagged [rape]

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Does this situation qualify as “reasonable suspicion”?

A friend of mine described this situation to me recently: The scene is a hotel lobby in the middle of the night. Three people, two men and a woman, enter. The woman appears to be drunk and ...
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2answers
100 views

What, besides the younger person's complaint, has caused DAs to prosecute statutory rape?

If I were a DA (District Attorney) looking out "stamp out" statutory rape, I would make the rounds of the hospitals, identify women who gave birth, or were impregnated when underaged, and go from ...
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1answer
88 views

Couple of questions regarding duress and rape in a hypothetical scenario

There's a criminal scenario I'm writing for a novel. Let's say I'm a perp and kidnapped a pair of siblings. I threatened one to rape the other at gunpoint and I had to shoot at his foot to make ...
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1answer
189 views

If a woman finishes before a man during sex and he continues is he raping her?

If I orgasm multiple times during sex and I am to exhausted to continue but my man partner continues to thrust in me then is he raping me or is it ok because it started out willing on both of our ...
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4answers
232 views

Why is Age of Consent set at a specific age?

Suppose a 15 year old girl is wed by her own parents to a 30 year old man and she gives her consent. In most US states this marriage will not be recognized and the man would likely be prosecuted for ...
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1answer
169 views

Does the lecherous millionaire violate any laws?

The lecherous millionaire is a hypothetical character who offers to pay for a woman's sick child's medical treatment in return for sexual favours. It's meant as a philosophy thought experiment to ...
2
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1answer
74 views

In Florida, can a 24 year old have relationship with a 17 year old if their relationship started a year earlier?

In Florida, the age of consent is 18, but there is an exception that allows for people up to the age of 23 to have a relationship with someone 16 years and older. (1) A person 24 years of age or ...
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1answer
826 views

Switching sides

I'm writing a drama and need some help. Can a criminal lawyer in a rape case switch sides from the person they are representing to the victim if they have been fired by their client?
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1answer
228 views

Is it consider rape if the girl doesn't understand what is happening?

I was in Kentucky visiting family and my cousin's friend's sister is young about 12 or so years old and was not sexually educated when a guy only 3 years older then her started touching her private ...
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3answers
604 views

Is it rape if it is a woman on a girl?

Now I don't fully understand what has happened to me. Yes I know what sex is. I know what rape is it's when a man forces a woman to have sex with him. But the other night I was at a friend's house ...
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1answer
71 views

What were Jury consideration when convicting Bill Cosby?

http://time.com/3951761/bill-cosby-quaaludes-admission-oath/ Bill says he gives quaaludes to girls before having sex with them This leads to a lot of "problems" Is the quaaludes consensual? Do ...
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2answers
174 views

Are there actual cases where a woman got jailed for being raped by an underage rapist?

This PDF says that if a minor rapes an adult it is statutory rape. The case is Henyard v. State. It goes on showing a sample of a 15-year-old man using a gun to rape a mother in front of her 2 ...
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1answer
131 views

Rape/Sexual assault: Any tort laws apply? (US)

The statistics for how rare convictions are in rape cases are well known, due to the high burden of proof in something that often differs from something completely legal only by the giving or denying ...
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3answers
285 views

Can victims respond to victim-blaming in court?

From this article about a rape case Mr. Khan’s lawyers worked relentlessly to discredit the account of the woman, who was not identified by name in the arrest warrant application. They asked ...
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3answers
209 views

Is this (hypothetical situation) rape and/or rape by deception?

In this (completely hypothetical) situation where identical twins are impossible to tell apart, would/could a prosecutor bring charges of rape? This takes place in England. Apologies for length. To ...
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1answer
570 views

Can statutory rape charges be dismissed if the minor is now of age?

I am a 16-year old female in Michigan and I am going to have to testify against my ex-boyfriend in a statutory rape case. What happened was consensual and my parents are not pressing charges, the ...
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3answers
161 views

Is it rape if someone goes by a pseudonym and gave fake facts about themselves?

Let’s say Person A, an adult male, meets Person B, an adult female online. They develop a close relationship and talk on the phone on numerous occasions, but never meet in person. Finally Person B ...
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2answers
102 views

Statutory Rape: Which State's Laws Apply?

A 17 year old male child has sexual intercourse with a significantly (at least two decades) older man. In New York, where the child's residence is, this is, I think, legal. At the time of the ...
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3answers
731 views

Is it possible to pursue criminal charges against administrators abusing title IX?

The article in "Reason" here describes a case of a straight student who was allegedly denied due process, despite university policy, after he politely refused advances of a gay student and the said ...
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2answers
1k views

Laws regarding consensual sex and intoxication

Disclaimer: I do not intend to offend anyone, I just wish to learn more about the laws in this area. Also note I'm only referring to rape when consent has been given, but due to intoxication that ...
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2answers
1k views

If two individuals who are too drunk to give consent have sex are both guilty of rape?

Hypothetically let's say that two individuals are heavily drunk, to the point that their ability to give consent is questionable. They have sex, both of them either don't remember the details of the ...
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3answers
13k views

If an adult is raped by a minor, is it statutory rape?

Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?
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1answer
513 views

When in consent necessary for touching someone?

When is consent to touch another person necessary and what constitutes consent? This question focuses on intimate, romantic or sexual relationships between two adults. At school they have been pushing ...
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1answer
1k views

Statutory rape statute of limitations

About 14 years ago I was using my ex's family computer and I came across a series of emails between my sister in law (middle school age) and her female middle school teacher in which they discussed ...
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2answers
168 views

On the age of consent and the age of responsibility

The age of consent is 16 in the UK. The age of responsibility is 10. Given that the age of consent is the age at which an individual is deemed legally competent to understand the notion of consent - ...
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1answer
627 views

Are there “rape shield” laws in the UK?

This question is prompted by the BBC program "Is This Rape?" which is currently on iPlayer. The program contains a story of a fictional sexual assault, which goes to court (starts in the program at ...
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1answer
229 views

Is it a criminal offense for a defendent to introduce inadmissable evidence in a criminal case?

Consider a criminal trial by jury. If the defendant attempts to introduce inadmissible evidence, is there any penalty preventing them from doing so? For example, under Rape Shield laws, an accuser's ...
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3answers
12k views

Is “dry-humping” considered rape?

Can fully-clothed dry-humping someone without consent count as rape? And if not, what sort of offense is it? If found guilty, what would a typical punishment be in the US? Does it matter whether ...
5
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2answers
174 views

Marital Rape as Defined by Indian Law

According to 1860 Indian Penal Code: "Sexual intercourse by a man with his own wife is not rape." What are the possible exceptions to this law that would allow for a husband to be prosecuted for ...