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What is the difference between sex and rape other than consents?
Say if a girl know if she fights back, she will get hurt so she gives up fighting back. It is still a rape by law but in the circumstances that the evidence is unclear and it is her words against the rapist. For example, it is after a party and the girl did go back with the man as an ambiguous consent to sex and than she changed her mind half way and the man gets aggressive but somehow still remember to put the condom on and the girl was scared of his aggression so she did not fight back at all so there were no particular serious injuries or any injuries at all.
To make the matter worse, she has a complex sex life. And then she goes to the police reporting the crime. Honestly, I think it is very difficult to make it her case.
7 Answers
- hotwheels122287Lv 77 years agoFavorite Answer
there is no such thing as ambiguous consent to sex. there is either consent, or not. and just because she "went back" with said guy does not mean that she was implying that sex was going to be part of the plan. and even if it WAS discussed, a person can recant their consent any time they wish and in that case the other person must stop. also, just because one does not fight back (say for fear of life) does not mean it was consenting to have sex, it would still be considered rape.
her sex life is also irrelevant to the story. doenst matter how many partners shes had, who she sleeps with and or when..... if she says no, or stop, and it continues by the other party, its rape.
- MuttLv 77 years ago
The only time that you cannot (legally) revoke your consent is after the sex is done. You can't consent to sex, go through with it, then turn around and say that you change your mind. However, if at any point before or during the sex, you change your mind, your consent is then revoked, and any further action would be considered rape. Also, if you initially consent, you will have to make it clear that you revoke your consent.
And a "complex sex life" doesn't matter. If she sleeps with the entire football and basketball team, but decides not to put out for one guy, her permiscuous ways does not mean it's implied consent.
- Ranger4402Lv 77 years ago
I've never heard of a rapist who can read minds. If a woman does not say no and does not fight back then just how will a guy know she doesn't want it? I don't condone rape and people who rape belong in prison for a very long time. At the same time 99% of all people know what the word No means. They also know what it means when a person fights back.
- Anonymous7 years ago
It would be hard because she went back with the man willing to have sex with him, then changed her mind, but she knew it was going to happen. At the same time though if she told him she did not want to have sex with him and the he forced himself on her, that is rape. The better question here is did she tell him no before he came onto her? If so it can be considered rape because she did not want to have sex with him and she told him she didn't want to.
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- GrillparzerLv 77 years ago
Anything other than consent is rape. If she changes her mind half way through, it's rape. Her sex life is irrelevant to the issue, if she said no, or the equivalent, then it is rape.
- tonalc2Lv 77 years ago
"Ambiguous consent" or "complex sex life" has nothing to do with it.
When a woman says no, anything after that is rape.
- 7 years ago
If she says no it's no. Even if she changes her mind halfway through. I know it could be a bummer from the guy, but he as NO right to touch her if she changes her mind. She could still report it.
Source(s): Myself