whatever the circumstances?
What if two really pissed people meet in a bar, flirt a bit, go somewhere, the woman is in no fit state to say no but definitely doesn't want sex and the bloke is in no fit state to ask properly but thinks she does? It's still rape. But you can't (realistially anyway) argue the man solely has the moral responsibility to stay sober enough to get signed permission any more than you could get away with arguing that the woman solely must stay sober enough to be clear about saying no.

bit of a devil's advocate line here, of course, I wouldn't condone the actions of the bloke above in any way, I know, but I still think there are "degrees of severity" like any other crime.
( the mighty badger Aphrodite, on a bar stool, by your side, Wed 18 May 2011, 11:06, 1 reply, 15 years ago)

but how many cases actually fit this?

( rachelswipe with a fork, Wed 18 May 2011, 11:13, Reply)

These are the cases that people are arguing about changing the laws for
because women in that situation are making a complaint but because there is no realistic chance of prosecution they aren't going to court.
(Bazongaloid, Wed 18 May 2011, 11:15, Reply)

If you don't pay a prostitute, does that constitute as rape?
I don't mean that in a bad way, I was just wondering.
( G/PP 💩💩💩💩💩&#128, Wed 18 May 2011, 11:17, Reply)

I have no idea
I would have thought most would demand the money up front.
(Bazongaloid, Wed 18 May 2011, 11:19, Reply)

it's fraud, mate
or theft.

just in case anyone actually takes me seriously this was a joke.
( the mighty badger Aphrodite, on a bar stool, by your side, Wed 18 May 2011, 11:19, Reply)

It only takes one case for there to need to be a range of sentences.
As a lawyer you should know that. Otherwise, if you suggest that there has to be a minimum of fifteen years for rape, it would mean in the case above the bloke would get 15 years (massively over the top) or, more likely, CPS wouldn't prosecute (which would be very wrong)
( the mighty badger Aphrodite, on a bar stool, by your side, Wed 18 May 2011, 11:16, Reply)

I imagine it's more than what is reported.

( G/PP 💩💩💩💩💩&#128, Wed 18 May 2011, 11:16, Reply)