Certain types of rape ruled legal in North Carolina

[The spartan]

Wait, I am confused. Going off of the OP; if you agree to sex and your partner starts getting violent and you ask them to stop, and they don't, is that rape? Do you just have to "tough it out" until the other person is finished?

[tgoodenow]

Wait, I am confused. Going off of the OP; if you agree to sex and your partner starts getting violent and you ask them to stop, and they don't, is that rape? Do you just have to "tough it out" until the other person is finished?

From what I understand, no.

if the actual penetration is accomplished with the woman's consent, the accused is not guilty of rape, although he may be guilty of another crime because of his subsequent actions.'

http://www.wkyc.com/news/nation-now/...ates/451991668

So his physical abuses would constitute a crime. But it's not defined as rape because initially there was consent. Rape is defined as sexual penetration without consent. Since penetration had already occurred, the crime committed is not legally defined as rape.

[Condottiere 40K]

There are codes of etiquette and conduct.

My suggestion would be to bring along your lawyer and notary, and have her sign release forms.

[alhoon]

Lol no. What you just said is called entrapment and is illegal in the US. If you are not 100% sure you want to somebody, don't. If you do it's on you, unless no consent was given at all.

We certainly didn't have the same young-adult experiences. When my girlfriends told me "please stop" I immediately stopped and apologized. I wanted them to be 100% sure that if they wanted to "withdraw consent" they could and I wouldn't even be angry with them. I never considered it to be a "done deal".


OK, I was once told by one such woman that I take her far to literally and that she didn't mean "Stop the ####ing intercourse" but "stop what you're doing for a sec". I don't regret it. I don't have in my conscience the possibility that I forced a woman to go even an inch further than she wanted. "Stay above the underwear!" or "take your hand from there" were respected.


As an anti-feminist I don't think men and women have the same responsibilities. We're stronger in general. We should make sure women are not intimidated by that. Privilege comes with responsibility.

Actually that's exactly what's being talked about because there is nothing that can be used determine who stopped when and there is nothing stopping me from lying that you did not stop. And since i can prove we had sex but you cannot prove we stopped when i ask i can still accuse you lf rape even if you did nothing wrong.

Yes, a woman can entrap you by saying later you raped her. It has happened. But it has also happened for women to change their mind mid-sex.

Being a man comes with some inherent dangers. Being framed for rape is one of them, and you have to live with it.

[ioannis76]

Recently there was a case in Germany where an Iraqi guy raped a 13 year old girl that apparently was drunk at a party late at night. The judge (a woman) reduced the case from rape and child molestation to only rape following the argumentation of the advocate that the perpetrator couldn't have known she was 13, because of the guy's cultural background (being unused to drunk young kids late at night and all). A total scandal in my opinion.

Indeed. I am sure that German feminists had nothing to say to that, as for the countless other such cases involving non-whites. On the other hand, a white looking at a woman for more than 10 seconds continuously, is a "rapist".

[The spartan]

From what I understand, no.


http://www.wkyc.com/news/nation-now/...ates/451991668

So his physical abuses would constitute a crime. But it's not defined as rape because initially there was consent. Rape is defined as sexual penetration without consent. Since penetration had already occurred, the crime committed is not legally defined as rape.

So let's say a person is just holding their partner down (would that be physical abuse or not?) without striking them; the person can just take their sweet time in "finishing up" and the partner has to wait patiently? There is no crime there? Just trying to work out the ethical framework here: it seems odd to me to ask someone to endure sex they no longer want because they already started.

[the_mango55]

So let's say a person is just holding their partner down (would that be physical abuse or not?) without striking them; the person can just take their sweet time in "finishing up" and the partner has to wait patiently? There is no crime there? Just trying to work out the ethical framework here: it seems odd to me to ask someone to endure sex they no longer want because they already started.

Whether it's technically called rape or not it would certainly be a crime, likely false imprisonment (holding someone without consent or authority) and sexual assault.

[Enros]

Non-rape ruled as non-rape.
Not note worthy and not thread worthy. Transparent virtue signalling and deliberate baiting by using over-hyped buzzwords should not be encouraged to become the standard procedure on this site.

It's considered rape in Ireland, the UK and the 49 US states that aren't North Carolina. Have a look at this: "Consent can be withdrawn at any time during sexual activity and each time activity occurs". That's from a British Crown Prosecution Service document about rape. If someone withdraws their consent and you ignore them, you are a rapist.

Honestly, your post is rape apology. And they say "rape culture" isn't a thing.

Feminists only condemn rape if it is done by white men. Nobody wants to be racist, and telling immigrants not to rape might invite charges of racism.

Very left-wing Denmark has mandatory consent classes for migrants.

[ByzantinePowerGame]

Whether it's technically called rape or not it would certainly be a crime, likely false imprisonment (holding someone without consent or authority) and sexual assault.

Until false rape accusations are vigorously prosecuted juries should refuse to convict any defendant in a rape case where the alleged victim was not physically injured. The modern false rape accusation culture needs to be challenged and opposed. A he-said she-said situation should be resolved by giving the benefit of any doubt to the accused and not the accuser.


As a practical matter there are no consequences for the vast majority of false accusers.

[Cyclops]

From what I understand, no.

http://www.wkyc.com/news/nation-now/...ates/451991668

So his physical abuses would constitute a crime. But it's not defined as rape because initially there was consent. Rape is defined as sexual penetration without consent. Since penetration had already occurred, the crime committed is not legally defined as rape.

Surely if person wishes to discontinue sex they should be allowed to withdraw consent.

[Prodromos]

Surely if person wishes to discontinue sex they should be allowed to withdraw consent.

They can but the guy isn't necessarily charged with rape, but with sexual assault, etc. It's a legal jargon thing, not an anti-woman law.

[nhytgbvfeco2]

It's considered rape in Ireland, the UK and the 49 US states that aren't North Carolina. Have a look at this: "Consent can be withdrawn at any time during sexual activity and each time activity occurs". That's from a British Crown Prosecution Service document about rape. If someone withdraws their consent and you ignore them, you are a rapist.

Honestly, your post is rape apology. And they say "rape culture" isn't a thing.

Very left-wing Denmark has mandatory consent classes for migrants.

Can you please define "rape culture" and explain how rape came to be encouraged by society, or at the very least accepted?

[alhoon]

it seems odd to me to ask someone to endure sex they no longer want because they already started.

It's not just "odd". It's completely wrong and if someone did that to my sister I would be very angry.

[Alastor]

It's not just "odd". It's completely wrong and if someone did that to my sister I would be very angry.

Whether it's wrong or not is not really the question. Whether it should be defined and prosecuted as rape is. For starters you would believe your sister if she told you that, certainly, but how could she objectively prove her story in court? Is testimony proof enough? It shouldn't be, but experience shows that in many cases it would be, because our "rape-culture"(rape-culture Enros, really?) clearly defines rape as an abhorrent crime that needs to be strictly punished, the courts/society would definitely be sympathetic to alleged victims. So you can't possibly not see how much room for abuse this leaves. Already the courts are flooded with false rape accusations, imagine how much worse it can get. Social context and applicability should be a concern when enacting a law. And I will reiterate, I'd rather a rapist escape justice, than an innocent in jail. If anything our society/legal systems needs to more strictly prosecute false rape accusations, not give room for more. Because not only are they just as horrible a crime, they make it even worse for real rape victims.

[Mithradates]

The question asked has merit. How can you realistically prove when consent was retracted and when/if the other party stopped? Rape can be proven because sexual intercourse leaves physical traces. In this case how can you prove rape when sexual intercourse has already happened.

There are cases where it can be objectively proven, like if there are multiple witnesses because it was an orgy, or there is a video recording etc.
...and of course there are cases where it cannot be proved at all.

in North Carolina, a person cannot withdraw consent for sex once intercourse is taking place.

Thats just plain stupid.

[Prodromos]

Thats just plain stupid.

It's also not true.

[tgoodenow]

So let's say a person is just holding their partner down (would that be physical abuse or not?) without striking them; the person can just take their sweet time in "finishing up" and the partner has to wait patiently? There is no crime there? Just trying to work out the ethical framework here: it seems odd to me to ask someone to endure sex they no longer want because they already started.

Nah there is a crime there. In North Carolina it would qualify as the crime of Sexual Offense - second degree - owing to infliction of serious personal injury upon the victim. All that the case law mentioned in OP does is differentiate what qualifies as rape and what would not qualify as a rape. Other states have removed the term "rape" altogether and just lumped it all into the crime of Sexual Offense.

http://www.sexcrimecriminaldefense.com/north-carolina/

Surely if person wishes to discontinue sex they should be allowed to withdraw consent.

I absolutely agree. In North Carolina, the only thing that happens differently in North Carolina versus other states when a person withdraws consent is the name of the criminal changes. The likely sentence mentioned above for this crime in North Carolina for this crime is listed as 58-73 months. Which is ironic because in California, Brock Turner was charged with something similar - felony sexual assault - but only got 6 months with a previously clean record.

Long story short, OP is more clickbait. The correct way to deal with sexual crimes - in whatever manner they are named - is minimum mandatory sentencing which liberals are against because muh racism.

[Himster]

It's like giving someone a lend of your car and then having them arrested for theft before they've left your driveway. An amusing prank, true, but also a bit of a dick move.
I've said "no" plenty of times, usually by body language, but also verbally and yet the act continued (pushing rope, I believe is the term), I soldiered on: out of respect, for myself if nobody else. Nobody cares, I don't care, it doesn't matter.
As I don't subscribe to the binary of feminist/anti-feminist (you could say I'm non-binary): therefore men and women should have the same responsibilities and I do subscribe to the principle of the golden rule and of course: Kant's Categorical Imperative that exalts the values of commitment, duty and respect..... my hands are tied. I simply could never even consider pranking someone in such a manner. It is unconscionable.

[The spartan]

It's like giving someone a lend of your car and then having them arrested for theft before they've left your driveway. An amusing prank, true, but also a bit of a dick move.

It's not. It is like lending someone your car and then telling them never mind you need it, and they say no and take it anyways. Ya ever think there isn't a legitimate reason to ask someone to stop having sex? What if you are in pain or feel ill or something?

[Alastor]

Ya ever think there isn't a legitimate reason to ask someone to stop having sex? What if you are in pain or feel ill or something?

For argument's sake, you do realize that you are trying to equate this with assaulting some random person in the park and forcing yourself on them right? It's an offence of a very different magnitude, that occurs under very different circumstances, that therefore should be treated differently. I'm really not quite sure how widening the definition of rape as much as we already have in certain jurisdictions is productive, I certainly would be extra cautious about widening it further. Sth is rape until everything is rape, then nothing is rape.