What constitutes Rape ?

by duncanr

When I was a lad, rape was non-consensual sex. Pure and simple !

In recent weeks I have become aware of something new (to me at least) – retrospective rape.

First to catch my eye was the story of a Palestinian man imprisoned for ‘raping’ an Israeli woman.

http://tinyurl.com/2ejkefu

What struck me as odd about this case was . . .

that the couple concerned had started a relationship that involved consensual sex.. The man, however, had ‘pretended’ to be an Israeli and when the woman discovered his deception – she had been having sex with a Palestinian – she had him arrested and charged with rape.

Now granted, he deceived her, but he wouldn’t be the first man who has lied to a woman (e.g. about his name, address, employment, marital status etc) to get into bed with her, so I struggle a bit to accept that the woman in this case was ‘raped’ – in the sense that I understand the word.

Then more recently, we have the on/off/on rape charge levied against Julian Assange. Admittedly the details are sketchy and what follows may not be an accurate description of events as they unfolded, but from the accounts I have read about this case, what appears to have happened is that Woman A had a great admiration for Assange, helped to organize the conference he was attending in Sweden, made sure to meet and greet him, and offered to let him share her flat for the night. They had sex. He went off to another meeting in a different town the next day, met Woman B and had sex with her too. Later, Woman A and Woman B met up, got talking, and realized that Assange had been toying with both of them that same weekend. At which point, woman B decided to go to the police with accusation that Assange had refused to wear a condom when they had sex. Woman A accompanied her to provide support and the outcome of that was police charging Assange with rape.

Assuming this scenario is correct, this too does not fit the definition of rape as I understand it – sounds more like a spurned woman (or two) seeking revenge ?

Is it just me or does anyone else find these ‘rape’ cases puzzling ?

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6 Comments to “What constitutes Rape ?”

  1. This is why so few actual rape victims report the crime – it’s so hard to prove, and the charges are often not taken seriously because of idiotic cases like these. This is not rape, as any rape victim can tell you. These are cases of people acting like the fools they are.

    • To me, the defining characteristic of rape is that the woman’s participation in the sex act is involuntary – whether because she is threatened with violence or because she is rendered incapable of resistance through drink or drugs.

      I think it is a dangerous step to introduce the notion that a couple can have consensual sex, but if the woman later discovers the man has deceived her in any way then she can have him arrested and charged with rape. If that scenario is allowed to stand then where does one draw the line. Is every married man who pretends to be single to have an affair or a one-night stand with a woman liable to be charged with rape once the woman finds out his true marital status?

    • Hi Jen,

      This is dangerous wordplay. Such cases are not rape at all, and run the risk of devaluing the seriousness of a horrible and hateful crime.

      Shame on the scumbag lawyers who push such frivolous cases. They used to be known as legal eagles but are in fact more like illegal vultures.

  2. Female fascism. There’s nothing as devious, two-faced and spiteful as a woman who doen’t get her way!

  3. I’m with you on this one Duncan. The examples you gave would be better described as “just deserts for stupid behavior.” On the other hand, I think we let people who “massage” the truth to gain advantage off far too easily. It has occurred to me more than once that the reason the punishments for fraud and such is so light stems from the fact that so many of those in power have used similar means to gain their positions. :???:

  4. Most rape cases are based on solid foundations, but unfortunately manipulative people, women in these cases, can cause great harm with lies. It’s pretty rare, but it does happen. And I think that people who make false charges should be charged with some type of crime themselves.
    In the US rape is defined pretty much as you describe it. Though a woman can participate in sex, semi-consensually if she fears for her life or job or is somehow otherwise threatened. Force can be implied, not explicit.

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