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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?
Interesting point though, make sure to write back if you can deliver evidence though, an article or something.
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.
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!
the case should be dismissed on the grounds that all four of the people involved were idiots.
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.
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)
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.
and no its not rape but rather a horrid mishap.
FUNNY AS HELL
theres another where the victom says noo!!!
making it asound like dont stop dont stop
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.
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.
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:
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.
At least the rape in there won`t be a surprise :P
The guy initiated.
It still doesn`t make what happened rape, but it DEFINITELY doesn`t make the man a victim.
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.
He gets my props if he doesn`t get convicted!
Yes, I know it`s not Dave Chappell.
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