this post was submitted on 24 Nov 2023
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Global News

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[–] 5ibelius9insterberg@feddit.de 16 points 2 years ago (3 children)

Hot take: Rape is violence, no matter what.

[–] themeatbridge@lemmy.world 15 points 2 years ago* (last edited 2 years ago) (1 children)

I understand what you're trying to say, but the counter argument is that rape could occur through coercion or deception.

[–] IWantToFuckSpez@kbin.social 5 points 2 years ago (1 children)
[–] gullible@kbin.social 0 points 2 years ago (1 children)

No clue what the sentence severity is, as compared to rape, but stealthing should probably be considered sexual assault rather than rape. In my jurisdiction, sentence length is identical for both but elsewhere it can vary.

[–] Lmaydev@programming.dev 10 points 2 years ago (1 children)

It's unprotected sex without consent. Don't see why it shouldn't be rape.

[–] gullible@kbin.social 1 points 2 years ago

I want you to picture a jury. You have to convince them that unprotected sex through subterfuge is specifically rape on top of convincing them that unprotected sex was had. Why not just skip a step, punish the same, and be done with it?

[–] AnonTwo@kbin.social 1 points 2 years ago* (last edited 2 years ago)

I think the problem is this is "legally defining"

So a hot take just wouldn't hold up in court. This is about pushing it further than just a hot take.

[–] magnetosphere@kbin.social 1 points 2 years ago* (last edited 2 years ago)

Yeah. That’s the only attitude that makes the French legal definition of rape barely tolerable.

France, for instance, considers that rape can be considered to have occurred when “an act of sexual penetration or an oral-genital act is committed on a person, with violence, coercion, threat or surprise.”

Far from ideal, but it leaves enough room for interpretation that a decent judge can work with it. Unfortunately, that same leeway can also allow a shitty judge to let scumbags off easy.