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26 votes
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If a man is raped, resulting in pregnancy, and the woman chooses to carry the child to term, is the man still responsible for child support?

united-states The treatment of how paternity is handled in cases of rape, from which child support and child custody determinations flow, varies by U.S. state in the United States as a result of an ...
ohwilleke's user avatar
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21 votes

If a man is raped, resulting in pregnancy, and the woman chooses to carry the child to term, is the man still responsible for child support?

There is a substantial pattern of decisions to the effect that a male, being an underage minor legally incapable of consenting to sex, who fathers a child is still responsible for child support ...
user6726's user avatar
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14 votes
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Why is Age of Consent set at a specific age?

I was initially going to vote to close this as a political rather than a legal question, however, I think there is scope for separating out the two dimensions. Our society makes a distinction between ...
Dale M's user avatar
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12 votes

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

This article1 directly addresses the question, "If a juvenile rapes an adult, does the adult thereby commit statutory rape?" It concludes: When an adult is raped by a juvenile, the offense of ...
down's user avatar
  • 121
12 votes

Is dry humping sexual assault?

Most states have two parallel sets of sexual assault statutes. One set punishes sexual assaults involving sexual penetration that has greater penalties. The other set punishes sexual assaults ...
ohwilleke's user avatar
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10 votes

Is it considered rape if a victim doesn't understand what is happening?

If she was under 16, it's rape. A child under that age cannot consent to intercourse. If she's older, it may still be sex abuse, which includes subjecting a person to sexual contact without express ...
bdb484's user avatar
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10 votes

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

The definition of what kind of interaction constitutes rape is normally defined by statute or by case law, which can vary somewhat from jurisdiction to jurisdiction. Typically, "penetration" for ...
ohwilleke's user avatar
  • 206k
9 votes

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

S 130.25 Rape in the third degree. A person is guilty of rape in the third degree when: He or she engages in sexual intercourse with another person who is incapable of consent by ...
jimsug's user avatar
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9 votes
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Are there actual cases where a woman got jailed for being raped by an underage rapist?

Laws vary by state, of course. In Wisconsin, according to the 1993 case State v. Neumann: the offense of second-degree sexual assault by sexual intercourse does not require proof of intent and ...
D M's user avatar
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7 votes
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Does the lecherous millionaire violate any laws?

Under the assumption stated, the lecherous millionaire is soliciting an act of prostitution, albeit with an unusually high price. His proposal would be just as illegal (or legal) as an offer of $100 ...
David Siegel's user avatar
7 votes

Why is Age of Consent set at a specific age?

We set speed limits so we don't have to spend time fighting over whether you were driving too fast. We put up fences so we don't have to spend time fighting over whose property you are on. We set ...
bdb484's user avatar
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7 votes
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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 ...
Dale M's user avatar
  • 205k
7 votes
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Does a sex-for-food/protection arrangement qualify as rape?

Socially the woman has become a "kept woman". It would not be rape, at least in most jurisdictions, because the officer is using neither force nor threats of force. The duress is from her ...
David Siegel's user avatar
6 votes

Is it considered rape if a victim doesn't understand what is happening?

YES! - "I don't understand" isn't consent and, in any case, she is below the age of consent in Kentucky by 3 years. It is really hard to understand the need for this question in 2020.
George White's user avatar
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6 votes
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Switching sides

No. As the defendant's lawyer, they will have been privy to privileged communications. As such, it would be unfair to the defendant if they now started prosecuting. Also note that a victim very ...
Martin Bonner supports Monica's user avatar
6 votes

Why is Age of Consent set at a specific age?

To have an effective law, there has to be a line drawn somewhere. Using age gives a measurable and objective line of what is and is not allowed. Using a standard like maturity might be more fair but ...
A. K.'s user avatar
  • 2,314
6 votes

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

The question is not properly framed in terms of the law: the relevant question isn't in terms of achieving orgasm or not, it is in terms of consent. Is it rape to continue having sex, when one party ...
user6726's user avatar
  • 215k
6 votes
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If a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime?

YOU NEED TO KNOW MORE FACTS The age of consent to sex in the United States, in cases not involving child pornography (which is federally regulated as well as subject to state regulation) is a matter ...
ohwilleke's user avatar
  • 206k
6 votes

Will it be called rape in US?

No. The conduct described would be illegal quid pro quo sexual harassment (whether or not the subordinate was promoted), for which a civil lawsuit by the subordinate for money damages would be ...
ohwilleke's user avatar
  • 206k
6 votes

Statute of limitations for F on M rape across jurisdictions?

This occurred in Hong Kong, so Hong Kong law applies here. Hong Kong law's definition of rape is explicitly male on female (nonconsensual male-male is covered by sodomy laws instead). It is impossible ...
Comic Sans Seraphim's user avatar
6 votes

Can a rape victim's DNA be used against them in criminal proceedings?

Does this practice contravene any state statute(s) or rule(s) of evidence? Generally not. States could adopt a statute that says otherwise, but I'm not aware of states that do. States often have ...
ohwilleke's user avatar
  • 206k
6 votes

Would Mr. E still have been guilty of rape if he’d mistakenly penetrated his stepdaughter while instead intending to penetrate his partner?

Yes Mr E required consent from the person he had intercourse with. Thinking she was someone else is not consent and I can’t see why you would think it could be.
Dale M's user avatar
  • 205k
5 votes

Is "dry-humping" considered rape?

In California, the conduct you describe is a misdemeanor called "sexual battery." It is not rape. However, if the perpetrator forcibly holds the victim in place while performing, that might amount ...
S. Slim's user avatar
  • 51
5 votes
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Couple of questions regarding duress and rape in a hypothetical scenario

Firstly, there is no jurisdiction in the US where rape is a potentially capital crime, and murder is not - so you are discussing a hypothetical (and rather implausible) jurisdiction. Given your ...
Martin Bonner supports Monica's user avatar
5 votes

Is forced cunnilingus or analingus rape?

In the United States, each state is free to define their own version of what is rape and what is sexual assault. Many States view rape and sexual assault to be of "equal severity", but they ...
Ron Beyer's user avatar
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5 votes
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Countries with similar sexual offences Laws to Germany?

[…] that prior to 2016, Germany had some outdated […] laws. […] The changes of November 9, 2016, BGBl. I 2460 ff, were brought forward under the impression of the 2015 NYE spike in reported sexual ...
Kai Burghardt's user avatar
5 votes

Man and woman get drunk and have sex; does this make any of them a rapist?

canada The elements of sexual assault To prove an offence, the Crown (prosecution) must establish both the actus reus and mens rea of the offence. The actus reus of sexual assault is that: there is ...
Jen's user avatar
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4 votes
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Is it possible to pursue criminal charges against administrators abusing title IX?

It seems like callous behavior which leads to a foreseeable death deserves a bigger punishment than just firing of the administrator. The starting point of the analysis is that no one is legally ...
ohwilleke's user avatar
  • 206k
4 votes

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

tl;dr: Yes. As a convicted sex offender for being raped by a 14 year old while I was a nearly unconscious 20 year old... law was not on my side. I was literally sent 2nd degree sexual assault charges ...
Beth's user avatar
  • 41

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