I remember seeing a news report a while back about a legal case in the US of a man being raped by a woman but the case fell through either due to technicality or something like that. Since the new definition of rape by the FBI, I don't really believe anybody has been successfully protecuted.
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Both the studies you found are in Germany and they had an inclusive definition of sexual assault including kissing. I couldn't find any studies in the US.
I remember seeing a news report a while back about a legal case in the US of a man being raped by a woman but the case fell through either due to technicality or something like that. Since the new definition of rape by the FBI, I don't really believe anybody has been successfully protecuted.Freedom is just another word for nothing left to lose - Kris Kristofferson and Fred Foster (sung by Janis Joplin) -
Consent can be retracted once given but before the act. Say a person is getting ready for sex. Both parties are willing. But the other party declines to use a condom. Consent can be withdrawn, but this is one of these instances where even though legally and morally it is rape, it will most likely not be recognized by society and usually will not be prosecuted by the law.Freedom is just another word for nothing left to lose - Kris Kristofferson and Fred Foster (sung by Janis Joplin)Comment
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I wanted to point out that men can have involuntary erections. Having an erection does not constitute consent. Just because the body wants sex, doesn't mean a person will engage in sex. Sometimes fear can induce an erection.1) A man is asleep, and either has an erection or the woman induces one and proceeds to have sexual intercourse with him, without consent. This would technically, according to the definition above, be rape since there is an absence of consent.
HOWEVER, if a couple agree that they can have sex with each other whilst one is asleep this of course would not be rape, it would obviously be very difficult to prove or disprove in Court though. A woman could conceive doing this and the man would then be responsible for at least financially supporting the child if he wanted nothing else to do with it or the mother.
2) A woman threatens a man with some kind of consequence if he doesn't have sex with her, this could even be her saying she'll tell the police he tried to rape her if he doesn't have sex with her. This would of course result in the man 'submitting' - again, there is an absence of consent without the direct use of physical force, or even the threat of violence.Freedom is just another word for nothing left to lose - Kris Kristofferson and Fred Foster (sung by Janis Joplin)Comment
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My fiance claims to have been raped. He said he was pretty drunk and a girl who he knew through a friend offered to give him a ride home after the bars. She ended up driving to her apartment and said he should come in for a drink and wouldn't take no for an answer and to get her to stop begging he said yes and went in for a drink, but told her he wanted to leave right after. Once in her apartment she locked the door and started to rip off his shirt (he was wearing a button up shirt because it was after a christmas party) and he tried pushing her off. He said he wanted to punch her but because she was a woman was fearful of getting charges pressed against him. (How many cases do people believe of a man being raped by a woman). He then said that she pushed him down on the couch and started pulling his hair yelling at him to get hard and he said it was very painful. I've asked him several times why he didn't just push her off and run out, but he said it was because he was very drunk and two because he didn't want to get charges pressed against him for laying a hand on a woman. He wanted to get it over with so he said he thought about someone else to get hard and faked it until she got off him. He then grabbed his clothes once she was "satisfied" and walked to a gas station and used a payphone to call a friend to pick him up.
Many people I'm sure won't believe this story, but I do. I've met this girl and he's told me the story several times again and again and it's the same every time. He didn't tell anyone other than the friend that picked him up and me because well...he's a guy and couldn't stop her...it's embarassing. SO yes, it does happen.Comment
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Sorry, when I said 'after' I meant like the next morning, someone can't just change their mind and say, 'oh, I was so drunk last night when I consented that It doesn't count'.Consent can be retracted once given but before the act. Say a person is getting ready for sex. Both parties are willing. But the other party declines to use a condom. Consent can be withdrawn, but this is one of these instances where even though legally and morally it is rape, it will most likely not be recognized by society and usually will not be prosecuted by the law.
In the UK consent DURING sex can be withdrawn at any time, say halfway through if the girl says 'stop' and the man carries on from that moment on it is rape, though would be difficult to prove."The greatest enemy will hide in the last place you will ever look" Julius CaesarComment
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Legally, you can't give consent when intoxicated, but it is one of those situations that never gets prosecuted. Legally, if both parties are drunk - women is passed out and man it high - it would be rape and the man could be prosecuted even though both were intoxciated and unable to fully consent. Being drunk doesn't give you a pass on your actions. But it rarely gets reported and doesn't get prosecuted.Freedom is just another word for nothing left to lose - Kris Kristofferson and Fred Foster (sung by Janis Joplin)Comment
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If I were in your BF's situation I too would have been most worried about any legal consequences that may have arisen if I had resisted her with force, a woman that aggressive and unstable could quite easily go on 'the turn', call the police and say it was me trying to rape her - and who are they going to believe? The biggest problem the police and courts have with rape cases is that it's often a matter of 'your word against mine'.My fiance claims to have been raped. He said he was pretty drunk and a girl who he knew through a friend offered to give him a ride home after the bars. She ended up driving to her apartment and said he should come in for a drink and wouldn't take no for an answer and to get her to stop begging he said yes and went in for a drink, but told her he wanted to leave right after. Once in her apartment she locked the door and started to rip off his shirt (he was wearing a button up shirt because it was after a christmas party) and he tried pushing her off. He said he wanted to punch her but because she was a woman was fearful of getting charges pressed against him. (How many cases do people believe of a man being raped by a woman). He then said that she pushed him down on the couch and started pulling his hair yelling at him to get hard and he said it was very painful. I've asked him several times why he didn't just push her off and run out, but he said it was because he was very drunk and two because he didn't want to get charges pressed against him for laying a hand on a woman. He wanted to get it over with so he said he thought about someone else to get hard and faked it until she got off him. He then grabbed his clothes once she was "satisfied" and walked to a gas station and used a payphone to call a friend to pick him up.
Many people I'm sure won't believe this story, but I do. I've met this girl and he's told me the story several times again and again and it's the same every time. He didn't tell anyone other than the friend that picked him up and me because well...he's a guy and couldn't stop her...it's embarassing. SO yes, it does happen.
The authorities have estimated that nearly all make rapes go unreported. I don't think the police would take any man seriously who claims to be raped by a woman."The greatest enemy will hide in the last place you will ever look" Julius CaesarComment
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The police don't always take rape seriously, even when it's the "stranger rape" trope you described in the first post - and attempts at prosecution are prettymuch futile unless the rape was an example of stranger rape. Considering the treatment of "traditional" female survivors by the legal system, I imagine that a man would have zero reason to report a rape.The authorities have estimated that nearly all make rapes go unreported. I don't think the police would take any man seriously who claims to be raped by a woman.<center><i>Nature gives us shapeless shapes,<br>Clouds and waves and flame,<br>But human expectation is that love remains the same,<br>And when it doesn’t, we point our fingers and blame.</i><br><a href="http://www.womens-health.com/boards/register.php">Register</a>|<a href="http://www.womens-health.com/boards/members/little.html">Contact Admin</a>|<a href="mailto:support*womens-health.com?subject=Forum Contact">Email Admin</a></center>Comment
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If a man or woman is too drunk to consent or dissent then it is considered rape, and I agree it should be. Too intoxicated to consent or dissent is not being intoxicated to the point where judgment is impaired and consent is given when it may not have otherwise been. When do you become intoxicated, when your over the legal limit to drive? This means any women who's ever had drunken sex was technically raped by the man, surely that can't be right?Legally, you can't give consent when intoxicated, but it is one of those situations that never gets prosecuted. Legally, if both parties are drunk - women is passed out and man it high - it would be rape and the man could be prosecuted even though both were intoxciated and unable to fully consent. Being drunk doesn't give you a pass on your actions. But it rarely gets reported and doesn't get prosecuted.
But, if two people are both intoxicated then does that mean they're raping each other? Being drunk doesn't and shouldn't give you a pass on your actions but it also shouldn't absolve you of bad decisions and irresponsible alcohol consumption - and this goes for men and women: using my hypothetical sambuca bar shot drinking challenge if me and a woman voluntarily imbibe alcohol all evening then go to bed together drunk and consenting AT THE TIME then wake up in the morning and both say to each other 'WTF are you?' Then technically we've raped each other? More accurately we've both acted irresponsibly and are need to earn to take responsibility for out own actions.
I'm not all about taking advantage of drunken girls, but what makes me very uncomfortable is the fact that a soon as intoxication becomes a contributing factor the woman seems to be automatically absolved of responsibility leaving the man accountable. Flipping the script does this mean if a drunk man in a bar takes a sober waitress home with him at the end of the night she's raped him?
I know that men can generally tolerate a lot more alcohol than women and I would NEVER take advantage of a drunk and vulnerable girl, but have you ever seen programs like 'boozed up Britain'? Women, not all, but many, are going out and drinking more and behaving just as badly if not worse than a lot of men are. I think men and women need to take more responsibility for their own actions."The greatest enemy will hide in the last place you will ever look" Julius CaesarComment
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