Its really not difficult. Was consent given? No? Rape. If given, was it withdrawn? Yes? Don't stop = rape.

But seriously, isn't the amount of danger you're in a factor? I suspect not, it's a bit like asking "who would you rather be raped by".. slightly obscene question in reality... But should that affect sentencing?

(October 16, 2014 at 7:09 pm)lifesagift Wrote: But seriously, isn't the amount of danger you're in a factor? I suspect not, it's a bit like asking "who would you rather be raped by".. slightly obscene question in reality... But should that affect sentencing?

The totality of the circumstances should affect sentencing.

No. That might lead to additional charges against the criminal, but the rape part is still rape, no matter how "gentle" it is or isn't.

(October 16, 2014 at 7:11 pm)Cthulhu Dreaming Wrote:

(October 16, 2014 at 7:09 pm)lifesagift Wrote: But seriously, isn't the amount of danger you're in a factor? I suspect not, it's a bit like asking "who would you rather be raped by".. slightly obscene question in reality... But should that affect sentencing?

The totality of the circumstances should affect sentencing.

Right, it affects the sentencing, not the charge of rape itself.

Getting different responses ...

(October 16, 2014 at 7:11 pm)FatAndFaithless Wrote: No. That might lead to additional charges against the criminal, but the rape part is still rape, no matter how "gentle" it is or isn't.

That's a bit oversimplified and why we distinguish between statutory rape, and (most places) 1st-3rd degree rape and aggravated rape.

Circumstances do matter. That aside, it's a horrific crime regardless.

(October 16, 2014 at 7:12 pm)lifesagift Wrote: Getting different responses ...

Some of might have different opinions, shockingly enough, though we seem to have a general consensus so far.

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(October 16, 2014 at 7:12 pm)Cthulhu Dreaming Wrote:

(October 16, 2014 at 7:11 pm)FatAndFaithless Wrote: No. That might lead to additional charges against the criminal, but the rape part is still rape, no matter how "gentle" it is or isn't.

That's a bit oversimplified and why we distinguish between statutory rape, and (most places) 1st-3rd degree rape and aggravated rape.

Circumstances do matter. That aside, it's a horrific crime regardless.

Well yeah, I agree with you that circumstances matter when it comes to what the criminal is charged with, but it doesn't make it any less rape....y?

(October 16, 2014 at 7:12 pm)FatAndFaithless Wrote:

(October 16, 2014 at 7:12 pm)lifesagift Wrote: Getting different responses ...

Some of might have different opinions, shockingly enough, though we seem to have a general consensus so far.

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(October 16, 2014 at 7:12 pm)Cthulhu Dreaming Wrote: That's a bit oversimplified and why we distinguish between statutory rape, and (most places) 1st-3rd degree rape and aggravated rape.

Circumstances do matter. That aside, it's a horrific crime regardless.

Well yeah, I agree with you that circumstances matter when it comes to what the criminal is charged with, but it doesn't make it any less rape....y?

No, of course it doesn't, except perhaps in some cases of statutory rape (e.g. when I was 15 and had consensual sex with my 15 year old girlfriend, it was technically a crime - but it was fully consensual).

(October 16, 2014 at 7:17 pm)Cthulhu Dreaming Wrote:

(October 16, 2014 at 7:12 pm)FatAndFaithless Wrote: Some of might have different opinions, shockingly enough, though we seem to have a general consensus so far.

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Well yeah, I agree with you that circumstances matter when it comes to what the criminal is charged with, but it doesn't make it any less rape....y?

No, of course it doesn't, except perhaps in some cases of statutory rape (e.g. when I was 15 and had consensual sex with my 15 year old girlfriend, it was technically a crime - but it was fully consensual).

Huh.. two underage people having consensual sex is a crime?