MoonageDayscream t1_iugx3vd wrote on October 31, 2022 at 6:30 AM

Reply to comment by Kilvayne in Man accused of sexually harassing 10-year-old, attacking her mother when confronted by InflationOk300

An unconscious or drugged person cannot consent by default, so there no force would be necessary.

Kilvayne t1_iugxaui wrote on October 31, 2022 at 6:33 AM

That makes sense. My brain just equated "forcible" to "non-consensual"

PhlabloPicasso t1_iuhtwod wrote on October 31, 2022 at 1:24 PM

I think it’s more a delineation for attacks on minors, where some can “consent” (I use that word as loosely as possible) due to being groomed and abused for their entire lives.

JubeltheBear t1_iuhtfe9 wrote on October 31, 2022 at 1:20 PM

Is that how the law states it?

MoonageDayscream t1_iui52iu wrote on October 31, 2022 at 2:46 PM

What do you mean?

JubeltheBear t1_iui5yid wrote on October 31, 2022 at 2:52 PM

Just curious if that’s the actual legal definition. Granted different places have different laws.

MoonageDayscream t1_iuj9ph1 wrote on October 31, 2022 at 7:18 PM

Legal definition? I don't know if they actually do what you are looking for here. There's a statute for forcible rape and one or more for non forcible. They are left vague so they they cover many situations, and the prosecution has the opportunity to decide which fit best.

Some people don't believe that certain situations are "real rape". I have heard arguments that if the victim was unconscious then it wasn't "rape rape" because she didn't know it was happening. Same for those in a medical facility raped by a caregiver while they were sedated. It's horrifying to hear this argument. Some people think that consent can't be revoked, that going outside agreed parameters (like wearing a condom) isn't a violation of consent, etc.