She would certainly feel violated

But rape only happens when the person doing the penetration knows or ought to know that there is no consent, and that is quite right morally as well as legally since otherwise they'd have to be a mind reader

If you really want to get a froth on, google DPP v Morgan (a case where there was an honest but unreasonable belief in consent, and under the law at the time, that was held tone a defence, thus leading to the current state of the law via the Sexual Offences Act 2003)

Posted By: Old Git on January 22nd 2015 at 23:00:02

Message Thread

Regarding the prince of helicopters, why do the news keep saying "forced to have sex with" (General Chat) - Arizona Bay, Jan 22, 19:56:14
- In some ways it's a distinction without a difference... (General Chat) - Old Man, Jan 22, 20:06:57
  - Great post OM. Thank you (n/m) (General Chat) - Bravo win or die, Jan 22, 20:33:16
    - It's not semantics though (General Chat) - Old Git, Jan 22, 21:11:30
      - So... (General Chat) - Old Man, Jan 22, 21:31:53
        
        Yes (n/m) (General Chat) - Old Git, Jan 22, 21:42:21
        
        Good heavens. The law really is an ass. (General Chat) - Old Man, Jan 22, 22:04:04
        
        I'm afraid we must agree to disagree (General Chat) - Old Git, Jan 22, 22:14:11
        
        I'm thinking more from B's perspective. (General Chat) - Old Man, Jan 22, 22:18:51
        
        Of course it's about C!!! (General Chat) - Old Git, Jan 22, 22:29:24
        
        ...but you'd agree B is the victim, right? (n/m) (General Chat) - Old Man, Jan 22, 22:34:41
        
        B has been victimised by A (General Chat) - Old Git, Jan 22, 22:38:21
        
        Wow. That's really interesting, and feels wrong. (General Chat) - Old Man, Jan 22, 22:42:04
        
        She would certainly feel violated (General Chat) - Old Git, Jan 22, 23:00:02
        
        She would certainly have been violated (General Chat) - Old Man, Jan 22, 23:09:57
        
        Just did. Gawd. (n/m) (General Chat) - Old Man, Jan 22, 23:04:21
- i think there is a difference if DoY didn't know she was forced into having sex with him (General Chat) - Ralf Scrampton, Jan 22, 19:59:40
  - ^^^ that is - there's a difference in perception? (n/m) (General Chat) - Ralf Scrampton, Jan 22, 20:04:54
    - Reasonable belief in consent is a defence (n/m) (General Chat) - Old Git, Jan 22, 21:04:56

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