Accidental Rape?

Submitted by: buddy 10 years ago
http://www.news.com.au/story/0,10117,18879056-2,00.html

This is actually kind of understandable, but woah what a mix-up!
There are 103 comments:
Female 27
Well, what about `consenting against your will`?
A friend of mine was raped a month after she turned 20. She was told by her rapist that if she didn`t give consent, he`d kill her family (cliche, I know). So, she said yes, although she really didn`t want to have sex with this guy, obviously. She went to the police with the details, but they never found the guy.

So what I`m saying, is if she says yes, but it isn`t entirely in her personal interest to do so, is it still rape?

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Male 78
Also, remember, the people in this case were most likely drunk and excessivly tired--senses must have been altered.
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Male 78
Personally, I`ll need actual solid proof to believe that. Also, perhaps it depends on how long/well you have known your partner--who knows how long the people in this case knew eachother.

Interesting point though, make sure to write back if you can deliver evidence though, an article or something.

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Female 663
Correction for that last line. It`s impossible to ACCIDENTALLY have sex with someone who isn`t your partner.
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Female 663
It`s already been proven on an urban myth show that it`s impossible to have sex with a stranger and think that they`re your regular partner.
Did you ever hear the urban legend about the couple at the costume party. The husband wants to go to a masked costume party, but the wife wants to stay home. The wife changes mind and dresses up. Her husband hasn`t see her costume. She sees what she think is her husband flirting with another girl. The wife decides test how faithful the husband is by sleeping with him at the party. They boink and the wife leaves upset thinking that her husband would cheat or has cheated in the past. Husband comes home and says he played cards all night and gave his costume to his brother. Wife realizes she slept with the brother.
To make an already long story short, they brought in experts to prove that it was impossible. Between rhythm, body type, scent, etc, it`s impossible to have sexual intercourse with someone who isn`t your partner.
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Female 10
u peps that said lol U MAKE ME SIK..... i bet nobody that posted a coment on here other than me that has ever gottin raped. its the worst thing that can every happen 2 u and if u said lol then srry but u should die. fudgein ass holes
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Female 531
[quote]On 5/3/2006 11:18:09 PM bionicRod wrote: What in the world do you "chat" about during sex!? [/quote]
What about "Oh god! F*ck me!"? That`s talking; it`s your voice. And I would certainly recognise my man`s voice. Even if he were to groan, I`d know if it was a different voice.
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Female 55
http://aussielegal.aol.com.au/informatio...

Unfortunately I`m not very good at finding information, but it appears that under NSW law (the relevant law in this case) if you consent to having sex with someone "under a mistaken belief as to the identity of the other person" then it doesn`t count as consenting to sex, therefore the poor bloke in question could actually be convicted.

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Female 55
bionicRod: Do you really want an answer?
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Male 78
Overmann, consider this: If the man had not started the "touching," but rather had he simply lain in bed, and SHE initiated the sex, could she not still claim rape using the same validation because he was in her bed? My point is that we don`t know what the article means when they say "initiating," we can only go off of the information given--which is very ambiguous and insubstantial. And...after that, it`s all just he said, she said.
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Male 1,014
What in the world do you "chat" about during sex!? Hey honey (a little to the left) how was your day? (oh yeah right there) Well I just can`t believe Mandeesa was voted off of Idol (harder) and that bitch Paris was kept on (faster)! Can you (oh god i`m horny)! That`s just weird lol but fun to type. (BTW no angry idol posts please, have only seen one episode this season so I don`t really know what I`m talking about, just used it for context.)
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Female 55
I find it odd that the girl didn`t notice it wasn`t her bf, not just for style, but if she ran her hands through his hair etc. There are lots of subtleties about a persons feel, the way they smell, breathe, walk, the way they touch you. If you are intimate with someone, you recognise them. But if she was drunk, and thought her boyf was drunk, differences in style may have been attributed to his drunkeness, and she may not have noticed differences in smell etc due to her own drunkeness. Additionally, if my bf had passed out on the couch and I had gone to bed, I`d be happy for him to climb in bed if I thought he`d decided to join me. There are so many things to consider here, though I think the woman is pushing it with rape. Also I tend to chat with my bf while "at it", which is why I find it so damn odd that she didn`t notice.
Having said all that, its my opinion that she can call rape if she wants, and its up to the `justice` system to decide whats what.
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Male 2,600
Nico_86, I certainly didn`t state that the rape charge could not go both ways. The man has every right to charge the woman with rape, and the case at that point would surely be thrown out. But in this case particular, with the woman pressing charges of rape against the man, the man is firstly at fault for not verifying the identity of his mate. When he initiated the sex (more on that in a moment), he set in motion the events that led to the misunderstanding.

It states in the article, rather ambiguously I might add, that Mr. Chappell initiated the sex. I would assume this to mean non-verbal, sexual touching. If he had done nothing and the woman started the sexual touching, she would have been initiating. Bah, I don`t know, I lack experience in such things. Stop asking me sexual questions!

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Male 78
One more thing, Overmann also stated that the rape charge can not go both ways on the grounds that the MAN initiated the intercourse. Just a thought...what is initiating? That he went into the bed? That he was the first to initiate sexual contact? But if she touches back...isnt that welcoming him (note that they are BOTH allegedly under false pretenses--he said, she said), if she shows no signs of refusing his touch...it takes two to fight.
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Male 78
If we disregard the law, then from the information given, I would not feel comfortable (without a reasonable doubt) naming the guy guilty of rape. And if we were to consider the information Overmann gave regarding Criteria (5) of Califarnia`s very specific law, which is very applicable to this case...then we would not be able to justly rule the guy guilty of rape because the article states that the perpetrator must "intentionally" mislead his victim. And there is no way to prove this...he said, she said.
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Male 943
Whoah, iamnoname, chill out. This does not make her a whore, how is it really anyone`s fault. In some way it was unspoken consent, yeah I know how that sounds. But really, no one should be to blame here. The man genuinely believed that this was the woman he went home with, and the woman genuinely believed that it was her boyfriend.
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Male 16
She`s just pissed that she can`t tell the difference between here boyfriend and a strange guy at night. Whore.
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Male 377
Wow, so the phrase "I didn`t mean to rape her" can actually be true. )-|
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Male 979
oh yeaaaaaa
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Female 552
hmmm this is funny but damn u think they would know who it was doing that to thtm i mean really wtf stupid whores lol
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Male 211
it is all just a huge missunderstanding. lol
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Male 241
Why the hell is he in court? She consented, and even initiated the sex!
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Female 22
Well, I don`t know if somebody said this, but...it sounded to me like the woman who was "raped" had only known her "boyfriend" for a short time, so maybe she didn`t have the skills to identify him in the dark. BUT I still don`t think he was within his rights...it sounds like a number of people here were at fault to some degree.
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Female 92
dude doesn`t know the lady or the flat mate OR the flat ... however, she said she thought he was her BOYFRIEND .. which suggests that she should`ve realised that the guy wasn`t her BF ... unless they were practically identical. I mean, even in darkness, theres the sense of touch: texture/length of hair, body type, size of his d*ck?

the case should be dismissed on the grounds that all four of the people involved were idiots.

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Male 259
i dont know what to think honestly, no clue at all
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Female 706
Yeah, she gave him consent, without realizing who she was giving consent to.
But I agree. This isn`t rape, this is, *throws shoe* "Why don`t you friggin` check who you`re feeling up next time, you moron!"
Considering that she was sleepy and probably drunk, and I don`t know, but maybe both guys just go in and hump so she didn`t notice a different sex style, I don`t know if it`s her fault for not knowing, but it`s not rape.
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Female 272
..................
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Female 54
Hell yeah she gave him consent.whore
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Female 531
Very true, Timak. It`s very sad about your gf, too. That sort of thing never leaves a woman`s mind. A few bad apples ruin it for everyone.
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Male 2,600
I disagree, timak. Some criminals get away because that is how the law works. I don`t believe that alledged criminals getting away with crimes is evidence of a flaw in the justice system; rather, the law has safeguards to protect each individual equally, or at least roughly equal.
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Female 294
they are alll making something out of a stupid mistake.
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Male 110
I think "rape" cases like this should be thrown out, and not even considered. She consented to him initiating sex, and only after they completed, she turned on the light and thought Oh crap how am I going to explain this to my boyfriend? Then the first thing she can think of is Oh, I know.. RAPE!!

My girlfriend was raped before I met her, and she knew who did it. He slipped her a roofie. He got away with it because he told the cops she consented. And the idiot cops she talked to just said it was a matter of he said she said….

If there weren’t so many twit women that yell rape to try to cover up the fact that they actually did consent but are just to embarrassed or scared to admit it to their husbands/boyfriends and or parents, then so many actual rapists wouldn`t get away without being punished.

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Male 2,600
Where does it state in the article that the female was also drunk? I found only the mention that Mr. Chappell was drunk.
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Female 93
This is just crazy...
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Male 957
ah, to be antisocial and have no gf. this will never happen to me! yay
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Female 963
Hahahahahahahaha
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Male 1,039
Very funny.

Unfortunately a lot of guys get pegged with the rape deal when both the guy and girl are drunk, usually the girl wins out, even if she was just as drunks. sucks

As far as I`m concerned if they both say they were drunk and the girl or guy didn`t resist in any way...then they should just throw out the case.

(drinks case of beer and wanders into local girls dorm)

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Male 462
YEAH, RIGHT!
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Female 135
How the hell did she not realize this man wasn`t her boyfriend?

If some strange person came in to my bedroom and tried to have sex with me I would know IMMEDIETLY that it wasn`t my husband. How do you not know your SO`s smell, voice, sexual habits, etc.?

This girl is either full of it or she was under the influence of something as well.

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Female 412
still that is not the point.. n my opinion theres maybe 2 points
1. did the pplz enjoy it cuz if yes nothign 2 regret only theyllb in deep sh*t w/ their bf or gf
2. innocent! BOTH....THEY WERE FRIGGIN DRUNK AND TIRED..they wouldnt know..if anythingjust et therapy 2 ge ovr it and ur good
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Female 412
thats just hilarious and sad
but i would SO0O tell if it were my bf or not.i mean odnt pplz make noises or weigh differently or have mroe hair or its just dif.like some kisses from some ppplz r wetter than other sex has 2 b dif also
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Male 888
Sounds like they`re both guilty, or innocent...
Thats away from the point though, was the sex good?
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Female 1,172
The man wasn`t dating the other girl. It was his first time in the flat. And I`m not sure how the girl didn`t KNOW it wasn`t her boyfriend, I would know, no matter how tired I was...again...terrible mistake. Get therapy, you`ll be fine.
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Male 1,521
Anyway what`s the big deal? Wasn`t on porpouse! They are both inocent!
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Male 1,521
Hahahahahahahahahaha! Wait,... Hahahahahahahahahahahaha! Funny as hell!
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Male 83
ha. idiots! all around.

and no its not rape but rather a horrid mishap.

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Male 314
Can`t you meet decent complete strangers anymore? I mean you meet them, get drunk with them, invite them to sleep in your house and next thing you know they`re having sex with your stupid girlfriend. idiots
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Male 2,781
HAHAHAH ^ IN CLIMAX

FUNNY AS HELL

PWNAGE!!!

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Male 1,016
ahhhhhhhhhhhh

theres another where the victom says noo!!!

dont...stop!..dont...STOP!@

making it asound like dont stop dont stop

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Male 1,225
I can`t stand these he said/she said bullpoo... She yells rape and I don`t care if it legally is or not, he didn`t know any better (mostly because both of them were wasted) and therefore shouldn`t be at fault. I bet he`s just as upset about this as she is. Just think of the conversation he had to have with his real girlfriend... If he goes to jail, then there is no hope for guys anywhere in case any accident happens...
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Male 39
ahhh i dont think its rap either. it`s with consent.

i would love to see how this all turns out though, like what charges people get. but id also love to know what happened personally wi the people. like did the gf n bf split up (i know i wouldnt be best please if my girlfriend couldnt tell my sex from a random guys.) n did the BF ever get his hands on the random guy?

N lets face it, i can sorta understand the guy if it was on purpose. i mean would u have sex with that lass. it says summit like "he went ot the loo, 5 mins later i thought he must have passed out in the toilet or summit so i turned over and went bak to sleep..." i mean come on! she`s seems a right b!tch.

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Male 2,600
Continued from above: Those who say an argument of rape cannot be made should reconsider.

Further note that my posts are related to this particular case and the specifics of it. Keep in mind who made the allegations and who`s being charged.

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Male 2,600
Atrix: I used female in the definition so that it could be easily related to this case. Don`t assume for an instant I`m as ignorant as to beleive rape is perpetrated solely by men.

SmagBoy1: While it was the responsibility of both of them to verify that they were actually having sex with the person they suspected they were having sex with, it was the man who initiated the process and, in my opinion, ultimate liability lies with him. If there were a lesser charge he could get pinned with, all the better, but the man is definitely at fault.

I don`t know Austrailian law, but in California (at least) they have provisions in rape law that handle this precise incident. Criteria (5) of California`s law at:

http://www.ndaa.org/pdf/sexual_assault_s...

I realize this works only if the man was acting out any "artifice, pretense, or concealment", but as in many rape cases, it`s his word against hers.

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Female 106
She (the female) didn`t even know who she was having sex with, so why expect the guy to know either? That`s sexist. She could be charged with rape too.
This is unfair.
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Male 578
She at no point resisted or said "no". Hmmm...not rape.
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Female 1,426
theyre all idiots... she didnt mind at the time...
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Male 1,407
Hahahaha this is the funniest thing I`ve read in a while.
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Female 670
that`s weird
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Female 1,262
Just shows you how screwed up some people are.
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Male 664
Stupid people.
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Male 36
Damn, poor guy. Looks like it`s prison for him.

At least the rape in there won`t be a surprise :P

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Male 2,290
Btw she obviously did since they `got done`. I bet it was better than her bf`s >_>
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Male 2,290
Isn`t their penis, their body, ANYTHING ABOUT THEM A SLIGHT BIT DIFFRENT? I suggest both couples split up, they don`t even KNOW each other and all, plus they obviously didn`t speak during the entire time.
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Male 586
Now, the boyfriend can have sex with the other flatmate. It`s only fair.
More importantly, did the 23 y.o. flatmate enjoy it?
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Female 35
How is it rape if she didnt say no
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Male 1,383
haha, owned
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Female 1,172
I thnk that would be pretty traumatic for both people. I think they both equally made the mistake and should just get therapy and get over it.
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Male 561
if the women can claim rape why cant the man also claim rape im not having sex in the dark anymore
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Female 447
Okay...though my first impulse is to agree with the earlier posts that say the guy was just as raped as the chick, there is one important difference:

The guy initiated.

It still doesn`t make what happened rape, but it DEFINITELY doesn`t make the man a victim.

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Female 1,463
lol unlucky but it certainly isnt rape
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Male 4,431
This guy`s never been to this flat, hardly knows the lady who brought him and doesn`t know the flatmate. He doesn`t know the flat, and, he`s drunk. Check. Now, the flatmate thought it was her boyfriend she was snogging. Check.

Rape, according to Overman, is "the female not giving consent to sex." Um, no check. She consented! She snogged! They "got done" which, to me, means they climaxed. They were probably all happy in the afterglow and then she turned on the light and went "Crikey mate, you`re not my drunk boyfriend who I left passed out in the lounge, you`re some other bloke--RAPE!" Check? No.

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Male 406
I think there must be much more to this story. If either or both of them were so drunk as to not know who they were in bed with, the girl especially since she knew her boyfriend, I`m sure they would have been too drunk to drat as well. I think the girl thought she was going to get caught by her boyfriend and quickly concocted the story.
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Female 147
i dont kno wat to say but it sure is pretty funny.
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Male 2,720
before i jump to conclusions, i`d like to get drunk and visit this dark room for myself.
y`know, for perspective.
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Male 36
I can`t see how this is rape. It is certainly an unfortunate situation, but not rape. And, if you don`t define rape using gender (I am looking at you Overmann), she could be equally drawn up on charges of rape against him.
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Male 91
Dave Chappell and his crazy antics...

He gets my props if he doesn`t get convicted!

Funny story.

Yes, I know it`s not Dave Chappell.

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Male 579
There is something going on here that we dont know. I mean even if your drunk your subconscience controls your sense of direction. So even without him know he knew the girl that brought him home would have sex with him so he tried the other roommate. The roommate had to notice a difference it the love-making stlye/body type etc. They should chalk this one up to a life lesson and move on.
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Male 89
I don`t see how the guy could`ve done it on purpose...if he`s drunk and the lights are off, it wouldn`t really have mattered to him which girl he slept with...
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Male 2,567
.....
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Male 2,600
I`ll side with the female on this one. Rape is such a violent word, but it refers ultimately to the female not giving consent to sex to an individual. I`m sure if she knew she was coaxed into sex by someone other than her boyfriend, she would not have consented. Can`t help but feel sorry for the man, but it is his fault, having taking advantage of a lightless room and an unsuspecting woman.
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Female 578
I wouldn`t convict him of rape though, it`s not like she wasn`t giving him consent at the time.
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Male 1,014
I agree with Legion5, it`s equally the chick`s fault. If what happened to her was rape, then so was what happened to him! Case dismissed, chalk it up to experience.
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Male 641
HA if the girl is screaming someone elses name you should probably just leave in any case...
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Male 438
I hate crap like this, it`s equaly the chick`s fault, that they drated, if anything she should get charged with rape too. Just because you wake up with a prettier girl doesn`t mean she is a cool girl.

The Jealouse boyfriend only makes it worse... bunch of losers. Espetialy the guy who just stood idely by, oh hey I just got drated, who cares. Oh well, it makes me laugh. =P

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Female 531
Stupid. Stupid, stupid, stupid! Like, Surry said how can you NOT recognise your mate in bed? Were they totally silent? You`d think that if s/he said anything they other would recognise that the voice was wrong DURING sex. Not after it was over. Idiots. They should both be chalked up as morons and no charges filed.
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Male 1,365
Love or "Lovemaking" is truly blind.
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Female 538
I dunno... it seems a bit strange... I wanna know how the hell the woman who he `raped` didnt know it was her bf... when she KNEW he was asleep on the lounge b4 hand.. so .. why wuld he wake up.. and have SEX? stupid woman.. and the MAN! omfg... he could have noticed that it was the wrong room!! geesh! or atleast SAID something.... It all seems a bit dodgey to me.
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Male 577
I don`t know. Seems like he`s lying, but everyone in the apartment was drunk, so it could very well be the truth.
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Male 1,115
How the hell you go into the wrong room? Even if it is fark you could at least tell them apart. Well, he was drunk... jeez.
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Female 22
I feel bad for the chick, you guys are arses. =p
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Female 1,211
lol.
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Male 1,217
lol-ich-ka
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Male 452
LOL!
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Female 1,972
^^she could be an idiot...or little bus special.
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Female 2,144
OMG THIS IS WHACK! How Could You Not Tell You Were Not Having Sex With Your Bf?
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Male 418
^^ I agree if the original girl would had sex with him, then he`d probably would have slept through the night and none of this would have happened. and what`s the deal of sleeping in the same bed and not having sex? It`s not like they were married or somethin
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Male 923
Lol, ^^ agreed. Also, if this guy does get anything bad out of the deal, I think the women who innitially brought him home needs to be punished as well, I mean, she brought a strange dude into her and her room mate`s home, fueled his engines, then denied sex, then sent him off alone and when he did not return she rolled over and went to sleep. Give me a break, I think the stupidist of the bunch was the one who brought the guy home.
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Male 200
Trial? Wow get over it you stupid little whore.
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Male 916
I agree with surreysounds. This 23-year-old must have been drunk as well.
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Male 2,958
lol...
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Male 78
Not only will he not get convicted, but he just got laid by a 23-year-old!

Home run!

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Male 118
Thats the funniest thing I`ve read all week! I don`t believe him at all.. I`m sure he just found the younger flat mate more attractive and gave it his best shot. But she was pretty darn stupid too. I mean, I could tell the difference between my partner and a stranger if the lights were off and they were nude.. I guess there`s a lesson to be learnt here..
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Male 10,115
Link: Accidental Rape? [Rate Link] - This is actually kind of understandable, but woah what a mix-up!
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