rape? or not rape?

[angelbomb101]

This is a hypothetical situation. A guy and a girl are both consenting to sex. They start fooling around. In the beginning, no protection is being used. The guy is only externally putting his genitals against the girls genitals. Things heat up, the guy puts his penis inside the girl just a little bit n keeps "teasing' her this way. She likes it, shes consenting. Then it progresses. Guy puts it in all the way, girl is still consenting. Girl decides that this isn't right for her. So she tells the guy to stop and put a condom on. He says "I will in a minute." Girl goes along with it for a minute and then says "okay dude put a condom on." He keeps going. Girl says stop! ooops too late. Guy cums inside of her.

 

Could this be classified as rape?

[applepie]

I don't know if this is technically considered rape, but she did the wrong with by not making him wear a condom in the first place.

 

I would put it down to a case of stupidity by both parties and move on.

[angelbomb101]

Nobody wants to touch my question with a 10 foot pole or what? Come on people, just lookin for some opinions.

[Tigris]

I don't think it's rape unless there's evidence of her trying to fight him off, however, he should've stopped when she asked him to.

 

If they think they're old enough to have sex then they should carry protection.

[CarnelianButterfly]

As soon as she says stop and he doesn't, it is rape. She has every right to say No at any time.

[angelbomb101]

so this girls rights were not violated at all? She said no. She may have been consenting to sex but she wasnt consenting to him cumming inside of her. She told him to stop and he didnt?

[rose2summer]

Then it's rape, as CB said, when she said no, stop, and he didn't, it's definitely rape. He has crossed the boundary and violated her.

 

However, will it hold a strong case in a court of law? Not likely, because it can easily be misconstrued by the perpetrator's defense unfortunately.

[angelbomb101]

Yeah, probably wouldnt hold a court case but i wasn't asking that. Just if its a violation of another person rights.

[rose2summer]

Yes it is a violation of another person's right.

 

No does not mean yes further the intercourse, but rather no means no, as in stop right now.

[CarnelianButterfly]

A court may not consider it rape, but that won't change how violated she feels.

[annie24]

I think it would not be considered rape, because she was yelling at him to put on a condom, not to stop having sex. presumably, she was telling him to put on a condom so they could continue having sex.

[doyathink]

Thats what I was thinking too Annie. I wouldn't consider it rape but just a lack of being prepared from the beginning.

[Juliana]

Yes, it's rape. It's also considered rape by a court of law. The consequences of a man having unprotected sex with a woman against her will are enormous; the courts take into account not only the fact that it was non-consensual, but the psychological harm done by having to go for pregnancy tests and/or abortion or having an unwanted pregnancy.

 

Sex can become non-consensual at any point during the act; you always have the right to control your own body, and what happens to it, at all times. At no time is your body someone else's property to do with as they wish, so the minute you say no or otherwise communicate dissent by trying to get up, struggling, or even ceasing to participate, and they refuse to allow you to leave, or they do not stop, it becomes rape.

 

There can be questions about the clarity of the communication, whether or not the man realizes he's raping the woman -- i.e. acting against her will -- and punishments will be scaled to that. But not in this case. She clearly said no to unprotected sex, he clearly continued; she was raped.

[mitch17]

its not rape, she consented the intercourse and let the minute to slide by, her fault if anything

[Aurian]

I kinda feel the same as Mitch... Isn't right before the act is finished a bit late to say no? Especially if she was into it before and he didn't attack her or something? She said yes-yes-yes-yes-yes-maybe-maybe no. She may have the right to feel angry at him, but she should also feel angry at herself for not requesting the condom sooner. I guess it also depends on what she does after she said no. If she continued anyway, I feel it would be different than if she stopped, yelled or tried to push him off.

 

Annie - yelling is clear. However, the example given doesn't seem to be yelling.

[Juliana]

Well, you can feel whatever you want, but according to the law, you're going to need a lawyer. At no point does a man possess the right to force a woman to do something sexually that she does not want to do, and has indicated (the volume at which she communicates this doesn't matter; yelling is inconsequential) that she does not want to do. It doesn't matter what the man wants, because both parties have to want the same thing. All rapists are doing what they want, and most of them manage to convince themselves they are in the right using some variation of "it's her fault anyway because she blah blah blah." The courts have heard it all before.

[yeawutever]

If she was consenting from the beginning till the end then it's nor rape. Just like a previous poster say I would say it's call the "stupidity case". The girl should have think better of makingt he guy wear the condom even before the started having sex. She should have say something like "I'm not having sex with you, not until you put the condom" and the guy was careless as well, both of them uneducated.

[DN]

It is dangerous to make assertions about law when there are different laws and interpretations in differing jurisdictions. For instance:

 

link removed

[Managor]

I'd agree with Annie and others who said it wasn't rape. She should have made him put a condom on before he began penetrating her.

[CarnelianButterfly]

its not rape, she consented the intercourse and let the minute to slide by, her fault if anything

Its would not be her fault if she told him to put on a condom and he didn't. That would be his lack of self control and disrespect for her wishes to have protected sex.

[gabbyfox]

It isn't rape! are you trying to accuse a guy of rape? Thats the question

I need to know? If so,all "real" rape victims are insulted by you!

[gabbyfox]

It seems the real victims of rape won't be believed but those that consent

and then change their minds seem to be the ones evryone should believe and trust? How wrong is this pic? It's very wrong to me!!!

[blindfold]

the girl should've been clearer about it. when she wanted the guy to put a condom on she shouldn't have taken no or in a minute for an answer.. that is her right. if she goes along with it there isn't much to complain about, is there?

[gabbyfox]

she also stated she liked it when he entered her before the condom was

brought into the discussion!