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Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?

To: TimF who wrote (74211)	9/9/2003 11:31:03 PM
From: Lazarus_Long	Read Replies (1) \| Respond to of 82486

If the woman says yes to one level of sexual involvement but says no, when the many escalates, and then he backs down but tries again and then she doesn't say no and seems to be enjoying it, and then the same thing happens twice more and they wind up having sex is it rape? No. She could have said no again. Or left. Or resisted. Lack of all of that has to be interpreted in the man's favor. IMHO. The man cannot be expected to read minds and know that in spite of no objection or sign of it, she still means no. Would you convict in such a situation? After all she said no three times. Three? I thought it was once. Or what if the woman sees something in the guys face that scares her and she goes along with sex with no resistance, not even saying "no", or "please stop", and the guy just thinks she wants sex and did not threaten her or physically force her? Is it rape? Same answer. Assumptions of mind reading ability are not valid. Is it sometimes rape and sometimes not rape depending on additional details? Depends on the details. That's what juries get paid for. What if two people decide they will fool around but not have sex and state this to each other, then they both get drunk and wind up having sex. Is it rape? If so who raped who? Cut that out! :-) Degree of drunkeness enters, I think. At some point, enough alcohol is a date rape drug. Three beers? No. I agree that "no means no" but the "no has to be clearly stated. I don't think someone should face a long prison term if his (or potential her) partner doesn't resist or clearly say no. (except such obvious exceptions such as when the compliance is in response to a clear threat or if the partner or really victim is a child) Agree with all of that.