I sent you a private message regarding how I feel on D/s relations.
Is it Rape?
- Thread starter Orleander
- Start date
Cool.
As I understand it, if you go beyond where a judge and jury feel a reasonable person should have stopped then you can't use being "tricked" as a defense.
In the case of a violent crime, I bet you would need a really air tight bit of disception and a well documented request to even begin to hope to get off.
For example in most places there is no set of circumstances where you can help another die so if you are doing something and it starts to look like it might be deadly, you are expected to stop and refuse to continue.
That sort of rape fantasy is usually done by people who all know each other and have established safety procedures. You shouldn't expect as a stranger to be asked to just rape some one off Craig's list and have it be legit.
Besides, if you can't put fear in another's heart with a word or a look, you are on the wrong side of the dom/sub line.
Good faith is not a get out of jail free card.
If a reasonable person could be expected to have second thoughts then you can still be held culpable, though you might get off on lesser charges. Man slaughter instead of murder say.
Games have rules.
Its called criminal negligence.
Very few people can scream like they really mean it without actually really meaning it first.
well, they found the guy and he is facing 1st degree rape charges.
A 39-year-old man was charged Friday with raping a woman through an arrangement police say he made with her husband on Craigslist.
Rodney Liverman, of Norwood, faces several charges, including first-degree rape. Liverman is being held in Cabarrus jail under a $250,000 bond.
The victim's husband is also in jail. Police say he found Liverman on the classified advertisement Web site to have sex with his wife while he watched.
Kannapolis police said Saturday that e-mails they have retrieved make it clear that the alleged assailant knew the victim in this case wasn't a willing participant in some type of role-play fantasy.
“It is complicated because there is an allegation of role-play,” said Capt. Chuck Adams of the Kannapolis Police Department. “However, the information leading up to this encounter has made it clear to us that this individual should have known this was not going to be a role-play.”
The arrest came nearly two weeks after the May 31 incident in Kannapolis. Police and the U.S. Secret Service had been searching for the assailant and used a confiscated computer and cellular phone to track down Liverman.
Early on May 31, investigators say, a man entered the victim's bedroom, where she and her husband were sleeping, and demanded money and sex while holding a knife to the woman. The couple's children were asleep in a nearby room.
The search warrant says that during the assault, the intruder put down his weapon and the wife “was able to get the knife and throw it off the opposite side of the bed near her husband,” but that her husband did nothing.
After the attack, according the search warrant, the husband told his wife not to call police and to take a shower....
A 39-year-old man was charged Friday with raping a woman through an arrangement police say he made with her husband on Craigslist.
Rodney Liverman, of Norwood, faces several charges, including first-degree rape. Liverman is being held in Cabarrus jail under a $250,000 bond.
The victim's husband is also in jail. Police say he found Liverman on the classified advertisement Web site to have sex with his wife while he watched.
Kannapolis police said Saturday that e-mails they have retrieved make it clear that the alleged assailant knew the victim in this case wasn't a willing participant in some type of role-play fantasy.
“It is complicated because there is an allegation of role-play,” said Capt. Chuck Adams of the Kannapolis Police Department. “However, the information leading up to this encounter has made it clear to us that this individual should have known this was not going to be a role-play.”
The arrest came nearly two weeks after the May 31 incident in Kannapolis. Police and the U.S. Secret Service had been searching for the assailant and used a confiscated computer and cellular phone to track down Liverman.
Early on May 31, investigators say, a man entered the victim's bedroom, where she and her husband were sleeping, and demanded money and sex while holding a knife to the woman. The couple's children were asleep in a nearby room.
The search warrant says that during the assault, the intruder put down his weapon and the wife “was able to get the knife and throw it off the opposite side of the bed near her husband,” but that her husband did nothing.
After the attack, according the search warrant, the husband told his wife not to call police and to take a shower....
Psychic charges dealing with rape are entirely irrelevant and should be considered abuse fi they are even brought up. How absurd orleander.
Agree, but there are those and if they are a good actor, your wouldn't know. Still the guy was stupid for not talking with her ahead of time.
The question amounts to asking what happens when someone is tricked into unwittingly committing a crime. You might as well ask what happens if your friend asks you to deliver a package to someone, without telling you that the package contains illegal drugs.
Legally, the answer depends on whether it's a "strict liability" crime (where simply breaking the law makes you culpable, regardless of whether or not you knew you were doing something illegal) or a crime that requires "mens rae" (a guilty mind). In most (all?) places in the US, I'm pretty sure that rape requires mens rae, so I think that in the hypothetical scenario described in the opening post the "rapist" would not be legally liable, if he can establish that he was in fact tricked into it.
Whether or not he's morally culpable is a different question, and goes into issues like how smart the duped person is, the circumstances, etc. What if the rape victim had personally mentioned to the duped person that she liked the idea of being raped and wanted to try it with someone some time, but never said she wanted to do it in that particular instance? What if the victim is so terrified that she doesn't attempt to fight back at all, giving the illusion that she's consenting? On the other hand, if she grabs a knife off the kitchen counter and makes a serious go at stabbing the guy as he comes at her, it seems less reasonable that the guy would believe her to be a willing participant engaging in fantasy.
Legally, the answer depends on whether it's a "strict liability" crime (where simply breaking the law makes you culpable, regardless of whether or not you knew you were doing something illegal) or a crime that requires "mens rae" (a guilty mind). In most (all?) places in the US, I'm pretty sure that rape requires mens rae, so I think that in the hypothetical scenario described in the opening post the "rapist" would not be legally liable, if he can establish that he was in fact tricked into it.
Whether or not he's morally culpable is a different question, and goes into issues like how smart the duped person is, the circumstances, etc. What if the rape victim had personally mentioned to the duped person that she liked the idea of being raped and wanted to try it with someone some time, but never said she wanted to do it in that particular instance? What if the victim is so terrified that she doesn't attempt to fight back at all, giving the illusion that she's consenting? On the other hand, if she grabs a knife off the kitchen counter and makes a serious go at stabbing the guy as he comes at her, it seems less reasonable that the guy would believe her to be a willing participant engaging in fantasy.
For Stuatory rape the act itself is the crime whether you knew or not.
From what I've seen and read, not knowing is a mitigating circumstance, and this is probably especially so if you're a woman; US Comedy/Drama series about a lawyer "Ally McBeal" had an episode wherein she had a relationship with a minor who apparently tricked her and while she may have received some type of censure, I doubt she ended up in jail (I didn't watch the whole episode, laugh
).I also remember a man stating that he didn't know the age of a minor he'd slept with and it definitely looked like it was a mitigating circumstance (I think the article I read only mentioned this mitigating circumstance and not the result, but the fact that it was mentioned is revealing I think).