25
votes
Accepted
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 ...
- 131k
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 ...
- 158k
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 ...
- 131k
11
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 ...
- 111
11
votes
Accepted
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 ...
- 148k
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 ...
- 131k
10
votes
Accepted
Is "dry-humping" considered rape?
No.
In many states there is not such thing as rape. Which means that you can't be charged with rape. Which means that no matter what you do, including dry humping, it's not rape. In other words, you ...
- 8,272
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 ...
- 43.4k
8
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 ...
- 11.6k
7
votes
Is "dry-humping" considered rape?
It could definitely be considered sexual assault
Specific laws vary by state, but sexual assault generally refers to
any crime in which the offender subjects the victim to sexual touching
that ...
- 508
7
votes
Accepted
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 ...
- 89.9k
7
votes
Accepted
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 ...
- 148k
7
votes
Accepted
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 ...
- 89.9k
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.
- 7,043
6
votes
Accepted
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 ...
6
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 ...
- 43.4k
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 ...
- 158k
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 ...
- 131k
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 ...
- 131k
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 ...
- 51
5
votes
Accepted
Marital Rape as Defined by Indian Law
The simple answer is: if the law says marital rape is not a crime, it is not punishable by the criminal justice system. If there were a loophole, one of the lawyers representing one of the many rape ...
- 5,537
5
votes
Accepted
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 ...
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 ...
- 9,075
4
votes
Accepted
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 ...
- 131k
4
votes
Accepted
Are there "rape shield" laws in the UK?
Generally, irrespective of charge, there is no 'shield laws' in the UK legal system. Any such provisions are a matter of discretion for the judge on the same grounds as the admissibility of evidence.
...
- 343
4
votes
Accepted
If two individuals who are too drunk to give consent have sex are both guilty of rape?
That's a tricky question. What does "guilty" mean legally? The police will investigate if they think there was a crime. A prosecutor will prosecute if they think there was a crime, and enough evidence ...
- 24.6k
4
votes
Can victims respond to victim-blaming in court?
Hope you have a good prosecutor and a sympathetic judge
"They asked repeatedly how much she had to drink ..."
Objection: Asked and answered
"how she could claim not to remember certain details"
...
- 148k
4
votes
Is it rape if it is a woman on a girl?
The law seems to be different in the US to the UK.
Under UK law, this is covered by the Sexual Offences Act, 2003, and there are 3 main categories of sexual assault
Rape (Section 1)
Penetration of ...
- 245
4
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 ...
- 2,266
Only top scored, non community-wiki answers of a minimum length are eligible