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Feminism thread

harsh.ag

Well-known member
[FONT=&quot]“Certainly, no one should doubt that fraudulently achieving sexual intercourse by this kind of activity constitutes rape, rather than a dishonesty offence, although of course dishonesty is a major element of this fact situation.”[/FONT]
I will go ahead and doubt that.
 

Top_Cat

Well-known member
Making misrepresentations to someone to obtain *** certainly isn't rape in English law.

If I go out and lie to someone about being a footballer or movie star or something and they agree to have *** with me on this basis it would not be rape. Unethical sure, but not rape.
Not a lawyer obvs but, in a very strict technical sense, wouldn’t that change with the prostitution angle in the article posted? In your example, a big issue would be victim proving she consented on that exact basis without prior agreement (explicit or otherwise) and wouldn’t have otherwise.

In the case of a prostitute, there is an implicit or explicit agreement to engage in sexual activity on the basis of payment so any misrepresentations on the part of the John means there was no consent given on any other basis, ergo, strictly, rape.

Or no?
 
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sledger

Spanish_Vicente
Fraid not. There is case law explicitly on that point. Bloke said he'd pay a brass for a shag, she agreed, shag occurred, payment not made. Bloke charged with rape, acquitted.

Consent between two parties in UK law will be valid unless:

(a) the victim is deceived as to the nature and quality of the act (e.g. A tells B that they will penetrate them orally, but then penetrates them anally); or

(b) the victim is deceived into thinking that the person that penetrates them is known to them personally (i.e. their spouse etc.)

When it comes down to it, what the courts will look at in any scenario is: irrespective of any tangential or contextual issues (i.e. any promises that were made, or conditions that were attached (other than those relating to the nature and quality of the act), did Person A agree to have *** with Person B. If the answer to that question is yes, then it's not rape.
 

sledger

Spanish_Vicente
Full case here, for anyone interested: https://swarb.co.uk/regina-v-linekar-cacd-21-oct-1994/

"‘In rape, for consent to be vitiated by fraud, the deception must be either as to the nature of the act or as to identity. the prostitute here consented to sexual intercourse with the appellant. The reality of that consent is not destroyed by being induced by the appellant’s false pretence that his intention was to pay the agreed price of £25 for her services. Therefore, he was not guilty of rape."
 

Anil

Well-known member
off-topic but has salman played a hero avenging the homicide of homeless people by a drunken maniac yet? it is due, no?
 
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