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https://en.wikipedia.org/wiki/Rape_by_deception
False name, false life story, false reason for having sex with her. He had sex with her in order to spy on her.
Soon: it was rape because I thought he was nice.
If everything is rape, then nothing is. Rape is about non-consent, not about deception. Or so I think.
consent doesn’t just mean “yes”… consent means informed consent… consent means non-coerced consent
my state in australia has recently implemented some fantastic new laws around consent, and have done a really good job of defining some very grey areas
https://www.respectvictoria.vic.gov.au/news/affirmative-consent
specifically the section about when someone can not consent is relevant here. it covers things like coercion, feeling like you can’t withdraw consent, abuse of authority (ie covers workplace sexual harassment), age, asleep/unconscious (regardless of previous consent), AND most importantly:
and in case you think that’s too restrictive, the laws have widely been praised by the BDSM and kink communities - places where non-verbal consent is common… they cover a lot of ways people might consent, and also withdraw consent
the issue with identity is that she would not have consented if she knew all the details - facts which the man kept from her, knowing that if she knew she would likely not consent
and that’s key: to consent, you have to have all the information available at the time
You cant consent during deception. If your gf has aids and doesnt tell you, then you didnt consent. That is both the legal and culutral definition of rape.
Unfortunately: not everywhere is a woman capable of raping a man legally
Giving someone aids isnt rape, it's like saying "she shot me during sex so it must be rape".
Did you consent to getting shot? If it was during sex you have a case for rape.
Rape does not mean a penis goes in a vagina unconsentually. Rape means you removed someones agency in a sexual fashion. That can mean you fingered them like our president(but not under new york state law, even though the judge admitted it was rape), or it can mean you tore their clothes off, or stuck something in them they didnt like, it can mean they took the condom off without you knowing, it can mean they said they are fixed when they are not.
I just looked it up, you are correct. Knowingly transmitting hiv is not legally considered rape(except in some states), it's its own crime. Most of the time a felony.
The UK definition is bad: https://www.legislation.gov.uk/ukpga/2003/42/part/1/crossheading/rape
Yep, that was the US's federal stance until 2009. Draconian as fuck.
Bud, what happens if you consent to something that didn't actually exist?