(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?
Rape is rape is rape. The circumstances do affect the sentencing. Should they? I don't really think so. Whether or not there were other crimes committed such as assault, battery, kidnapping etc. should affect the sentencing. Statutory rape should be legally separate and not treated the same in my opinion.
In my state A is not rape.
In fact if you changed A to: man drags wife kicking and screaming into bedroom holds her down..penetration...no consent.
That still wouldn't be rape.