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| Controversial Social Issues Discussions concerning controversial social issues. Topics include politics, religion, culture, social and economic issues, etc. Respect required at all times. |
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08-01-2007, 03:27 AM
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#1 (permalink)
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Individualist
Join Date: 09-27-03
Location: Japan, mostly
Posts: 27,034
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Rape or not?
According to law, a husband who initiate sex with his sleeping wife is guilty of rape, because she did not consent.
Rape or not?
Also, according to law a man who has sex with an inebriated woman is guilty of rape, even though she initiated the sex. (A person who is drunk can consent all they want, but the consent is considered invalid because the person is/was drunk.)
Rape or no?
Last edited by John Scott; 08-01-2007 at 10:58 PM..
Reason: typo
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08-01-2007, 03:52 AM
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#2 (permalink)
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Banned
Join Date: 10-15-03
Location: Amsterdam, Netherlands
Posts: 6,910
Latest Blog: None
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American laws. No? 
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08-11-2007, 02:14 AM
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#3 (permalink)
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v7n Mentor
Join Date: 03-14-06
Location: Montevallo Alabama
Posts: 1,215
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Quote:
Originally Posted by Ferre
American laws. No? 
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What does Ferre law say???
Cheers
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08-01-2007, 04:10 AM
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#4 (permalink)
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Meeow!
Join Date: 04-13-07
Location: Romania
Posts: 3,235
Latest Blog: None
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IMO, having sex with a sleeping wife is just as having sex with a dead body, that's because she is not part of the action (that is, when you sleep you're unconscious) and is a sick thing to do...
So yes, I would consider that as a rape and if I were that woman I'd sue that sick husband if he would do that to me...
The same for the drunk part. But that depends very much on that woman's preferencies  If she's nothing than a puppy then everything is ok, otherwise... 
__________________
...to be continued
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08-02-2007, 09:25 AM
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#5 (permalink)
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Member
Join Date: 07-28-07
Posts: 115
Latest Blog: None
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Quote:
Originally Posted by Costin Trifan
IMO, having sex with a sleeping wife is just as having sex with a dead body...
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That has to be the most ridiculous analogy I've ever read. To compare the two slightly is ridiculous. I hope i missed the sarcasm in the post.
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08-01-2007, 04:10 AM
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#6 (permalink)
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v7n Mentor
Join Date: 04-24-07
Posts: 9,345
Latest Blog: None
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Quote:
Originally Posted by John Scott
According to law, a husband who initiate sex with his sleeping wife is guilty of rape, because she did not consent.
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As a husband of MANY years I would have to say this is not possible, she always wakes up and you will know quite quickly if you have consent, a fact to which my sofa can testify.
Now if we were talking about things the other way around ...
I'd have to say, I would be so lucky. It has happened and I was very grateful. 
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08-02-2007, 09:55 AM
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#7 (permalink)
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Contributing Member
Join Date: 07-04-07
Location: Wales, UK
Posts: 263
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Quote:
Originally Posted by StrongInTheArm
Now if we were talking about things the other way around ...
I'd have to say, I would be so lucky. It has happened and I was very grateful. 
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Certainly would be a nice surprise 
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08-02-2007, 10:57 AM
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#8 (permalink)
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v7n Mentor
Join Date: 04-24-07
Posts: 9,345
Latest Blog: None
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Quote:
Originally Posted by bochgoch
Certainly would be a nice surprise 
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Certainly was 
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08-01-2007, 04:20 AM
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#9 (permalink)
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Village Idiot
Join Date: 01-26-07
Location: spain
Posts: 555
Latest Blog: None
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well - if a guy tries to have sex with a sleeping woman and she DOES NOT WAKE UP - maybe this guy should just stop having sex at all!
and for the drunk thing: how is the law the other way round? if the man is the one who consumed alcohol?
if i am drunk and i hit on a woman and we end up having sex, was i actually raped? oh boy, then i got raped pretty often in my youth!
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08-01-2007, 07:35 PM
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#10 (permalink)
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v7n Mentor
Join Date: 05-09-07
Posts: 2,599
Latest Blog: None
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Quote:
Originally Posted by John Scott
According to law, a husband who initiate sex with his sleeping wife is guilty of rape, because she did not consent.
Rape or not?
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Not. Who could sleep through sex?? She'd wake up, then hopefully decide to participate.
Quote:
Originally Posted by John Scott
Also, according to law a man who has sex with an inebriated woman is guilty of sex, even though she initiated the sex. (A person who is drunk can consent all they want, but the consent is considered invalid because the person is/was drunk.)
Rape or no?
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If a woman initiated it, then I don't think it's rape. Saying her judgement was clouded due to alcohol is a cop out. In that same level of drunkenness, had the police pulled her over for drunk driving, you bet your a$$ she'd say she was completely lucid.
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08-01-2007, 08:47 PM
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#11 (permalink)
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Super Moderator
Join Date: 10-13-03
Location: Georgia
Posts: 2,308
Latest Blog: None
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Quote:
Originally Posted by John Scott
According to law, a husband who initiate sex with his sleeping wife is guilty of rape, because she did not consent.
Rape or not?
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Ridiculous.
Quote:
Originally Posted by John Scott
Also, according to law a man who has sex with an inebriated woman is guilty of sex, even though she initiated the sex. (A person who is drunk can consent all they want, but the consent is considered invalid because the person is/was drunk.)
Rape or no?
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Instance of a man going to jail because a girl who acted like a slut wished she hadn't after sobering up.
Women who prosecute these types of silly things really damage the cases of women who have been legitimately raped.
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08-01-2007, 09:03 PM
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#12 (permalink)
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Super Moderator
Join Date: 01-15-06
Location: BTWIMHO.COM
Posts: 10,685
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So...
What happens if both the man AND the woman are drunk?
Who takes the blame then? 
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08-01-2007, 10:36 PM
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#13 (permalink)
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Individualist
Join Date: 09-27-03
Location: Japan, mostly
Posts: 27,034
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Quote:
Originally Posted by Zap
So...
What happens if both the man AND the woman are drunk?
Who takes the blame then? 
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Only the guy goes to prison. This is what happened in Florida a few years ago.
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08-02-2007, 01:26 AM
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#14 (permalink)
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Senior Member
Join Date: 03-15-07
Posts: 391
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Quote:
Originally Posted by John Scott
Only the guy goes to prison. This is what happened in Florida a few years ago.
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Now, that's what I call gender equality.
Quote:
Also, according to law a man who has sex with an inebriated woman is guilty of rape, even though she initiated the sex. (A person who is drunk can consent all they want, but the consent is considered invalid because the person is/was drunk.)
Rape or no?
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Unless the man purposely caused the woman to be drunk or inebriated to get sex, then It's hard to consider it as rape.
There's really no way of knowing what the woman's state of mind was/is that time.
Last edited by jo_cstd; 08-02-2007 at 01:31 AM..
Reason: typo
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08-02-2007, 02:02 AM
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#15 (permalink)
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Contributing Member
Join Date: 12-15-06
Location: Asia
Posts: 707
Latest Blog: None
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Quote:
Originally Posted by John Scott
Only the guy goes to prison. This is what happened in Florida a few years ago.
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That's not fair 
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08-02-2007, 02:03 AM
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#16 (permalink)
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Contributing Member
Join Date: 07-07-07
Location: Phoenix, Arizona
Posts: 484
Latest Blog: None
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Quote:
Originally Posted by css25
That's not fair 
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definitely not fair. some laws suck. no offense.
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08-01-2007, 10:49 PM
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#17 (permalink)
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Contributing Member
Join Date: 07-27-07
Posts: 173
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Quote:
Originally Posted by John Scott
a man who has sex with an inebriated woman is guilty of sex
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Umm...
He's actually guilty of sex even if she's stone cold sober.
-Michael
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08-01-2007, 10:58 PM
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#18 (permalink)
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Individualist
Join Date: 09-27-03
Location: Japan, mostly
Posts: 27,034
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Fixed 
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08-01-2007, 11:15 PM
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#19 (permalink)
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Contributing Member
Join Date: 07-27-07
Posts: 173
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Quote:
Originally Posted by John Scott
Fixed 
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Heh!
As to the actual questions, it is going to depend upon whether you are speaking legally or morally, and if legally, then where it happens.
Morally it will of course depend on intent and surrounding circumstances. If a husband has no reason to believe that his wife would object to that sort of wake up, then I would say no. If at any time after he started she said "stop" and he didn't, or if he knew before hand that she wouldn't agree to it awake, then of course it would be.
The bit about inebriated though, I'm guessing that would be subject to all kinds of legal interpretation. If he didn't get her drunk, for instance, and they met and she initiated it, and called foul afterwards, then personally I think she would need treatment in some sort of facility for substance abuse. If he deliberately got her drunk for that express purpose, and knew she wouldn't sleep with him otherwise, then yeah, he's a bit of a slime.
-Michael
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08-01-2007, 11:29 PM
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#20 (permalink)
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Contributing Member
Join Date: 05-31-06
Posts: 723
Latest Blog: None
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IMO, yes!
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