Quote:
Originally Posted by WOW!USaidSomethingSmart!
If there is no resistance nor opposition in any way and the person goes through with it, how should one know the person was/wasn't consenting? If the person freezes up, as in the first example but doesn't oppose anything, how would the guy know whether she's not consenting or is consenting but is very nervous?
It's also part of the law and your university obeys the law. In the third example, assuming the guy asked and she went along with it, he doesn't have any sure way of knowing she's doing it out of fear and isn't consenting.
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Also, to commit a crime, you have to be in a "criminal state of mind", which essentially means you must be knowlingly commiting a crime, which is why insanity is a defense, if his intent was "I'm going to have sex with her", it's not rape, if it's "She won't let me, so I'll make her", it's rape. In none lof these examples did she say no, and silence, IS consent.
Also, for anyone who does read my posts, you will know I consider rape the most heinious crime, so I'm not trying to argue in favour of it. You all, or most of you, know that I think rapists should be executed through tortorous methods, such as beating, gassing, or burning. I hate rape, and there is NO excuse for it!