RE: Differing degrees of rape?
October 19, 2014 at 1:05 pm
(This post was last modified: October 19, 2014 at 1:10 pm by Anomalocaris.)
It does matter if the emotional effect upon the victim has an impact on the decision to press charges or support the pressing of charges.
If the victim was unwilling at the time of the act, but subsequently thought it wasn't bad and wouldn't mind repeating the experience, it was most definitely still rape, because ex post consent is no consent at all, and the perpetrator still deserves the same punishment as any other acts of rape. but pragmatically it would be difficult to make rape charge stick if ex post the victim declined the press charges.
The reverse is if the victim is unwilling at the time of the act, but subsequently thought pressing charges would be too ambarassing, or would open the credible possibility of serious retaliation, it would also be difficult to make the rape charge stick, regardless of what the law says.
If the victim was unwilling at the time of the act, but subsequently thought it wasn't bad and wouldn't mind repeating the experience, it was most definitely still rape, because ex post consent is no consent at all, and the perpetrator still deserves the same punishment as any other acts of rape. but pragmatically it would be difficult to make rape charge stick if ex post the victim declined the press charges.
The reverse is if the victim is unwilling at the time of the act, but subsequently thought pressing charges would be too ambarassing, or would open the credible possibility of serious retaliation, it would also be difficult to make the rape charge stick, regardless of what the law says.
