Help Tilda / Law type people.

[Mey]

When prosecuting someone for rape, does it matter whether it was "stranger rape" or "acquaintance rape", and if so what are the differences when you come to prosecute?

Cheers.

 

[old.Tohtori]

When prosecuting someone for rape, does it matter whether it was "stranger rape" or "acquaintance rape", and if so what are the differences when you come to prosecute?

Cheers.

I was wondering about this too in a different manner.

What is rape? As a definition? Or is there a "forceful hugging"?

 

[AngelHeal]

I was wondering about this too in a different manner.

What is rape? As a definition? Or is there a "forceful hugging"?

asin the stuff you do with seadogs

edit: rape = rape. no difference.

 

[Mey]

hmm google says:

"Under the new legislation rape is classified as penetration by the penis of somebody's vagina, anus or mouth, without their consent. It can be committed against men or women but since it involves penile penetration it can only be committed by men. The Act also provides for the first time a clear definition of consent. "A person consents if s/he agrees by choice and has the freedom and capacity to make that choice." SOA, section 74. The new legislation also covers sexual assaults against adults, children, trafficking and abuse of adults with major learning and other disabilities."

So I guess the only differences in prosecuting the two "types" of rape is that one is obviously going to get a big emotional response, i.e stranger rape, as that is seen as "true" rape. So I imagine the prosecuting party will try and play this angle to the Jury, and on the defense side they will try and play the "acquiantance rape" card.

 

[old.Tohtori]

hmm google says:

"Under the new legislation rape is classified as penetration by the penis of somebody's vagina, anus or mouth, without their consent. It can be committed against men or women but since it involves penile penetration it can only be committed by men. The Act also provides for the first time a clear definition of consent. "A person consents if s/he agrees by choice and has the freedom and capacity to make that choice." SOA, section 74. The new legislation also covers sexual assaults against adults, children, trafficking and abuse of adults with major learning and other disabilities."

So I guess the only differences in prosecuting the two "types" of rape is that one is obviously going to get a big emotional response, i.e stranger rape, as that is seen as "true" rape. So I imagine the prosecuting party will try and play this angle to the Jury, and on the defense side they will try and play the "acquiantance rape" card.

Aye, and almost every time if you get the jury emotional "Her BEST friend raped her!", you will msot likely f*ck up any defence.

Good to know the definition too, can't hug someone and go to jail

 

[Mey]

That's the UK legal definition it varies across the whole world.

It's only recently that "male on male" has been included in the legal definition of rape.

 

[Aoami]

If you are over 16 years old and have sex with someone under 16 it's also called Rape, whether they were consenting or not.

 

[Tilda]

You've said it all really, although curiously only men can rape!
If a woman ties me down and has her way without my consent thats only serious sexual assault!

I honestly dont think it would make a difference, your counsel (barrister) would just try and portray it in the best/worst way he could.
If a friend it would be "abuse of trust, raped by someone she trusted" if a stranger it would be "violently raped by a man she'd never met, making it even more scary"
Either way its not a good thing

Aoami, you're correct, but the same definition above applies, penetration by penis without consent - even if a 15 yo girl says "I consent" legally she can't consent as shes under age.

 

[old.Tohtori]

I wonder what would be if a guy got really drunk, then tried to hump a girl, but being so out of it, couldn't even unzip his pants.

Attempted dryhump?

 

[Bahumat]

The definition has a strange point. Could a girl rape a guy? What happens if you somehow get tied down by a woman and she starts playing with you to get Mr Bahumat excited? She could then have sex with you.

The law states "penetration by the penis of somebody's vagina, anus or mouth, without their consent." This still occurs, but it's roll reversed. She is forcing the penetration so to speak?

 

[old.Tohtori]

The definition has a strange point. Could a girl rape a guy? What happens if you somehow get tied down by a woman and she starts playing with you to get Mr Bahumat excited? She could then have sex with you.

The law states "penetration by the penis of somebody's vagina, anus or mouth, without their consent." This still occurs, but it's roll reversed. She is forcing the penetration so to speak?

Aye, that's how i read it.

...heeey....someone post this question on the student forums!

 

[Bahumat]

You've said it all really, although curiously only men can rape!
If a woman ties me down and has her way without my consent thats only serious sexual assault!

I honestly dont think it would make a difference, your counsel (barrister) would just try and portray it in the best/worst way he could.
If a friend it would be "abuse of trust, raped by someone she trusted" if a stranger it would be "violently raped by a man she'd never met, making it even more scary"
Either way its not a good thing

Aoami, you're correct, but the same definition above applies, penetration by penis without consent - even if a 15 yo girl says "I consent" legally she can't consent as shes under age.

The definition has a strange point. Could a girl rape a guy? What happens if you somehow get tied down by a woman and she starts playing with you to get Mr Bahumat excited? She could then have sex with you.

The law states "penetration by the penis of somebody's vagina, anus or mouth, without their consent." This still occurs, but it's roll reversed. She is forcing the penetration so to speak?

That answers my question, but the fact is there is still penetration and thats what's defined as rape....it's just roll reversed so the rule is wrong imo.

 

[Eeben]

Its not rape , its suprice sex

 

[Tilda]

The definition has a strange point. Could a girl rape a guy? What happens if you somehow get tied down by a woman and she starts playing with you to get Mr Bahumat excited? She could then have sex with you.

The law states "penetration by the penis of somebody's vagina, anus or mouth, without their consent." This still occurs, but it's roll reversed. She is forcing the penetration so to speak?

Nope. The "their" I've bolded above refers to the person being penetrated. So the person being penetrated by a penis has to not consent.
So no, a woman legally cant rape a man.

 

[old.Tohtori]

Nope. The "their" I've bolded above refers to the person being penetrated. So the person being penetrated by a penis has to not consent.
So no, a woman legally cant rape a man.

Call the feminists! I'm sure they want this injustice corrected. Right?!

 

[AngelHeal]

oh eh tilda.. you know xmas is over right?

 

[Mey]

Ah cheers matey, it's for one of my law questions basicly have to say what the differences are between aquiantance rape and stranger rape then say how they affect prosecution, so in reality the only difference is the way in which the prosecution/defense will try to spin the incident.

Easy marks ahoy!

 

[Tilda]

Tohtori, its because of the "special stigma" attached to rape that it hasn't been changed. Its not equal and I'm sure that some men who are sexually assaulted by women feel just as traumatised as a woman who's been raped. However we live in a society who doesn't recognise that.

AH, I know, but FH wont let me change my avatar so I'm stuck with christmas tigger.

Mey, it would be worth doing a search on lexis or westlaw or something to see if someones written some articles on it. I cant give you a definite answer, but my instinct tells me it would just be how counsel would try to portray it. I'd hate for you to rely on that for an essay and then lose marks because of me though.

 

[old.Tohtori]

Tilda riddle me this then;

Well what i posted before about "forceful hug" thing

Is it assault or...?

 

[AngelHeal]

Tilda riddle me this then;

Well what i posted before about "forceful hug" thing

Is it assault or...?

....iBan

 

[Mey]

It's not a true law exam tbh, it's an Introduction to the Criminal Justice system question, I can't find anything in my notes that suggest there is anything that say's it is used in prosecution. So figured this would be alright. I'm going to rob my mates Law book later today (has all the stuff about sexual crimes and so on in it) so will have a quick flick through too.

(I study criminology not law, so it'll probably suffice anyway lol xD)

 

[Mikah75]

i'm pretty positive its not just being penetrated by a penis, its anything really..
When i was in year 13 2 years ago, the law was changed and had a police officer come in to tell us this lol, that even shoving a pencil up someone is rape

 

[Mey]

i'm pretty positive its not just being penetrated by a penis, its anything really..
When i was in year 13 2 years ago, the law was changed and had a police officer come in to tell us this lol, that even shoving a pencil up someone is rape

I'm pretty sure that's sexual assault rather than rape.

 

[Bahumat]

I'm pretty sure that's sexual assault rather than rape.

I just stuck my penis in an orange....

 

[Eeben]

I just stuck my penis in an orange....

i just stuck my penis in your mother. Your point is?

 

[Dark Orb Choir]

Statistically... 9 out of 10 people enjoy gang rape

I called that Rape Advice Line earlier today
Unfortunately, it's only for victims



etc etc

 

[Bahumat]

i just stuck my penis in your mother. Your point is?

I think you will find she is running Cockblock V3.2 created by none other than our sex pest CorNutZ

 

[Eeben]

I think you will find she is running Cockblock V3.2 created by none other than our sex pest CorNutZ

Good thing im running Anti cockblock v4.0

 

[AngelHeal]

Good thing im running Anti cockblock v4.0

..it was still in beta phase, now u got a virus..
hmm.. herpez?

 

[Eeben]

..it was still in beta phase, now u got a virus..
hmm.. herpez?

shit happens