consensual rape

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consensual rape

When two people are on the ground playfighting in positions that looks more like violent sex to anyone nearby.
Two people start talking, they start playfully arguing, and the next thing you know, consensual rape has occurred.

When, during the act of being raped, the victim offers to cooperate with the rapist. The impending rape becomes a win-win situation due to: 1) the rapist gets some and 2)the victim doesn't get the full effects of an actually, violent rape.
Rapist: "Be still or I'll kill you!!" Victim: "Whoa, whoa. Wait a minute! It aint got to be like that! Let's work this out, see if we both can come away from this in one piece. You do what you need to do and I'm gone just chill, then I'mma go on bout my business. It's win-win, man" Rapist (confused but still a rapist) "Well...ok. I don't feel like going to jail for murder, too." Victim: "Great, glad we can agree to a consensual rape. Go ahead and get the duct tape, let me go get a comdom."

(n) A situation in which an act of rape was consensual. You know it was consensual if the "rape" happens more than once. That way you know it is "consensual rape".
Dude, Becky went to a party and totally had consensual rape. Twice.

This occurs when a person attempts to rape another person, but in a turning of the tables, the other person then attempts to rape the first rapist. Resulting in simply angry sex.
First Rapist- "Hey I'm going to rape you!" Victim/second rapist- "No! I'm going to rape YOU!" First Rapist- "Okay! Consensual Rape!"

Upon a messy break-up, one or both parties of a relationship will wish they never had sex with the other person ever, thereby making each lovemaking session that

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consensual rape

http://www.dictionaryslang.com/consensual rape

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occured between them known as "consensual rape".

Michelle finally realized what a douchebag Corey is and broke up with him. She's pissed off as hell that he consensually raped her. Yvette and Scotty were such nymphos, you'd've thought they were meant for each other. But ever since she dumped him, she's been accusing him of consensual rape. Joann can't stand the sight of Dougie anymore. She can't believe the amount of times they had consensual rape. Now that Mexxi and Mickie are no longer together, she's extremely upset at the consensual rape that happened between them.

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Consensual Rape in California - Avvo.com

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Consensual Rape in California

Written by: Brian Richard Dinday

Convictions Criminal Defense Rape Violent Crime Posted over 2 years ago. Applies to California, 6 helpful votes, 0 comments

When Is Consented Sexual Intercourse Actually a Rape?

Rape does not seem on the surface to be a very confusing or hard to understand crime. It is using force, threats or intimidation to achieve sexual intercourse with an unwilling victim. Well, it used to be simple to understand, until the California Court of Appeal made it more complicated. Every male who is dating women needs to be aware of the case of People v. Roundtree, (First District 2000) 77 Cal. App.4th 846, at 851. The rationale of the opinion seems on its surface to be a sensible interpretation of past law applied to a new situation, but the implications of the decision inspire shock and awe.

The Case of People v. Roundtree In A Nutshell

Here is the Roundtree decisions ruling in a nutshell: When a victim is forced to submit to continued intercourse for a period after she has revoked her original consent, the crime of rape is committed.

Have Sex For A "Period of Time", Go to Prison For A "Period of Time".

In case you missed it, the key words in this Courts decision are for a period. Here is the scenario at issue: A woman agrees to have intercourse with a man. He penetrates her and commences intercourse. After penetration, she has second thoughts and revokes consent. The ruling makes the man a rapist if the intercourse continues for a period. The Court was not kind enough to define a period. For 99.9% of people, intercourse occurs with only two people present: the participants. So how fast must a man comprehend that consent has been revoked and withdraw (amid arousal, being close to climax, and shortness of breath, and heart pounding) in order to fulfill the courts requirement that intercourse not continue for a period? The only one who knows is guess who: the woman.

Roundtree vs. The REAL World

Now lets do something which the First District evidently did not do: stop a minute and conceive of how this would play out in real life. Isnt it clear that any woman who would change her mind about having sex in the middle of having sex has already started to feel violated? If she subjectively suddenly feels raped, then could any haste in withdrawing be fast enough for her? Lets face some facts here. It is so clear as to be beyond dispute that men and women think differently, because their brains are actually different. Hence, miscommunication between them is the norm, not the exception.

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Consensual Rape in California - Avvo.com

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"Please Stop!" "Stop What?"

We've detected that your browser does not support scripting. So lets think of what the logical reaction would be from must be enabled to use Avvo. Turn on scripting and reload this page. Scripting a man who found himself in the middle of intercourse and hears the word stop. (Assuming of course, that he clearly hears her; she is not whispering; his panting does not mask her word; and that her verbalization is clear, despite her own heavy breathing). Is he more likely to assume that she just changed her mind about having sex while having sex, or instead, that his wrist watch has caught her hair and hurt her; or that his finger nails scratched her; or that she wants to try a different position to finish; or that she simply wants to delay orgasm?

The Sole Judge of This Rape Is The Accuser

Could anything be less clear on the instant than that she happily commenced to make love to her boyfriend and then suddenly decided he was violating her? Is it so hard to imagine that his initial reaction would be confusion? What if he freezes and asks What? Is that confused pause a period of intercourse that makes him a rapist? Answer: YES. Because since she already feels raped, any delay is too much delay. Remember, since she called the police (or we would not have a court case), she obviously feels the delay was too much. No doubt the Court was aiming at the situation where a woman clearly expresses her desire to stop and he slaps her, holds her down, threatens her, or otherwise forces her to continue. But that is not what they said. The above quoted language states that the rape is complete if the intercourse continues for a period after consent is revoked. What does "forced to continue" mean? Is laying on top of her "force"? Is continuing to stroke "force"? Probably.

Game Playing In Male-Female Assault Cases

Perhaps the Court is unaware of the epidemic of false complaints of domestic violence and sexual assaults. Perhaps not practicing law anymore has insulated our judges and justices from seeing the parade of gamesmanship that has entered the male-female criminal justice milieu. Since in California it is now required for Family court judges to consider domestic violence, criminal acts, and restraining orders in deciding child custody, a pre-emptive 911 call before filing a divorce action has become almost routine.

Five Reasons This Case Can Contribute To False Accusations

A false accusation is also a great way to 1) make money on a civil suit; 2) even the score if the spouse/boyfriend /girlfriend cheats on you; 3) vent your anger for being jilted; 4) even the score for the other having had you arrested previously or having gotten a restraining order against you; and of course 5) there is just plain old mental illness which causes all kinds of erratic behavior.

Maliciously Gaming The System

Only yesterday, I got a case inquiry from a man who had gotten a restraining order against a woman for stalking him. She waited until the order expired and went to visit him. She picked a fight with him, injured herself, called 911, had him arrested and a restraining order put on him. Is it possible that our appellate courts are unaware of the extent to which the criminal justice system is subject to these games? If they are aware, how could they put such raw, naked power in to the hands of someone so emotionally unstable that they dont know whether they

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Sexual Offences - Justice for Assange

http://justice4assange.com/Sexual-Offences.html

Justice will prevail...

Reported Sexual Offences

The graph shows a dramatic increase (by 534%) in reported sexual crimes in Sweden since 1975. In the same time period, Swedens population grew by 15% (scroll down for more statistics).

Swedens debate about consensual rape

Under Swedish law, consensual sex can be classified as rape. What matters is not whether the complainant said no (or implied it) but whether the perpetrator uses force or the threat of force, or he takes advantage of the victims helpless state. If there is no proof of force or threat of force, the judges will consider the intent of the perpetrator. In practice this leads to many cases of word against word in which the man will have to prove his innocence. This reverses the burden of proof that is basic to criminal trials in Western legal systems, in which the accused is innocent until proven guilty. As he leaves his lawyer Leif Silberskys office in downtown Stockholm, a feverish Julian Assange is ambushed by the tabloid Expressen (that broke the story of the accusations) and questioned on camera. Consensual sex in the Assange complaint A preliminary investigation is directed at Julian Assange with regards to an allegation of minor rape in the context of consensual sex. The allegations against Assange are the consequence of legislation changes in Sweden that have stretched the definition of rape. Sweden has three categories of rape: gross rape (4-10 years imprisonment) ordinary rape (2-4 years imprisonment)

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Sexual Offences - Justice for Assange

http://justice4assange.com/Sexual-Offences.html

minor rape (0-4 years imprisonment) According to the evidence submitted to the court by Assanges defence counsel Bjrn Hurtig, a charge of minor rape implies "almost no violence or threats or injury where consensual sex is followed by sex without withdrawal of that consent but where the complainant is asleep or unconscious." The Swedish prosecutor, Marianne Ny, sought an arrest warrant for Julian Assange for ordinary rape, but this was downgraded to minor rape at the Svea Court of Appeal on 24 November 2010. The fact that the sex was consensual in all of the events is not disputed. One of the complainants, AA (Expressen, 21 August 2011), stated that both she and SW had consensual sex with Assange. Complainant AAs statements to the tabloid Aftonbladet (21 August 2010) also deny criminal intent on Assanges side or threat/use of force. According to complainant AA: "It is completely false that we are afraid of Assange and therefore didnt want to file a complaint. He is not violent and I do not feel threatened by him." Complainant AA

Description of the events that led to the rape allegation in the original interrogation
From the leaked partial police dossier, the allegations against Assange are in the public domain. Complainant SWs testimony of the event is not word-for-word, given that the interrogating officer, Irmeli Krans, reported the questioning in narrative form and in the police officers own words (see Investigation for an explanation of Krans prior friendship with complainant AA and conflict of interest). This testimony was not approved by complainant SW. It informed Prosecutor Eva Finns decision to terminate the investigation, because there were no grounds for rape, on 24 August 2010: "They sat on the bed and talked and he took off her clothes again. They had sex again and she discovered hed put the condom only over the head of his penis but she let it be. They fell asleep and she woke by feeling him penetrate her [De somnade och hon vaknade till av att hon knde honom trnga in i henne]. She immediately asked are you wearing anything and he answered you. She told him you better not have HIV and he replied of course not. She felt it was too late. He was already inside her and she let him continue. She couldnt be bothered telling him again. Shed been nagging about condoms all night long. Shes never had unprotected sex. He said he wanted to come inside her, he didnt say when hed done it but he did it. There was a lot running out of her afterwards." "She told him what happens if she gets pregnant. He replied that Sweden was a good country for raising children. She told him jokingly that if she got pregnant then hed have to pay her student loans. On the train to Enkping hed told her hed slept in Anna Ardins bed after the crayfish party. She asked if hed had sex with Anna but he said Anna liked girls, she was lesbian. But now she knows he did the same thing with Anna. She asked him how many times hed had sex but he said he hadnt counted. He also said hed had a HIV test three months earlier and hed had sex with a girl afterwards and that girl had also taken a HIV test and wasnt infected. She said sarcastic things to him in a joking tone. She thinks she got the idea of taking the drama out of what had happened, he in turn didnt seem to care. When he found out how big her student loan was he said if he paid her so much money shed have to give birth to the baby. They joked that theyd name the baby Afghanistan. He also said that he should always carry abortion pills that actually were sugar pills."

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Sexual Offences - Justice for Assange

http://justice4assange.com/Sexual-Offences.html

"His phone rang and he had a meeting with Aftonbladet on Tuesday at noon. She explained to him that hed not make the meeting on time and he pushed his entire schedule forward an hour. Then they rode her bicycle to the train station. She paid his ticket to Stockholm. Before they parted he told her to keep her phone on. She asked if hed ring her and he said he would." For legal opinions of whether Assange can be charged, and/or convicted, see Fair Trial for Julian Assange?.

Swedish rape laws

The laws on rape and sexual violence have changed over the past two decades. Many of these laws have been progressive in some respects. But in others the changes in the law fail to provide sufficient guarantees for due process for those suspected of sexual offences (Fair Trial for Julian Assange?). These changes have received ample criticism from Swedish legal commentators and victims of wrongful convictions, like Billy Butt. Minister of Justice Beatrice Ask making her case for naming and shaming men suspected of buying sex. In 1999 Sweden partially outlawed prostitution by criminalising the buyer rather than the provider. The reform has not reduced prostitution. The current Minister of Justice Beatrice Ask made a statement in March 2010 suggesting that men suspected of buying sex should be named and shamed. Bright-coloured envelopes could be sent to their homes, so that their children and wives could see them, she suggested. "It is a little like being shamed on the town square... In practice maybe we cant have coloured envelopes, but we have to show who they are and let those around them know." She received criticism for the statements, not least from the former Minister of Justice, who called for her resignation: "Sweden cannot have a Minister of Justice who is unable to comprehend the principle of innocent until proven guilty". The revisions of the Sexual Offences Law have been ushered by Swedens experts on sex crimes such as prosecutor Marianne Ny (Prosecutor in the Assange case), former Minister of Justice Thomas Bodstrm (of the law firm Bodstrm&Borgstrm, representing the complainants against Assange), and former Equality Ombudsman Claes Borgstrm (lawyer of the complainants, of the law firm Bodstrm&Borgstrm), among others (see the Court Administration report from 2001). These changes have been ongoing for over a decade. Claes Borgstrm (lawyer for the two complainants against Julian Assange) input into legislation changes in 2005. As Equality Ombudsman he was commissioned to report on proposed changes that would raise the number of reported rapes and ensure that complaints are followed through to a conclusion. Borgstrm stated "Everyone we have spoken to says this will increase the incentive to report attacks". Borgstrm and Bodstrm, who founded their current law firm together in 2007, continue to spearhead revisions of the legislation in Swedens laws regarding sexual offences. In April this year, Borgstrm and Bodstrm announced the proposal for a new criminal classification: aggravated rape, which would carry a prison sentence of 6-10 years: "Since it is almost exclusively women who are affected, we believe this is an important gender issue". Borgstrm and Bodstrm also proposed elevating the classification of pimping to human trafficking, and entitling victims of the purchase of sex to receive compensation. Statistics - reported rapes and convictions In Sweden, reported cases of sexual violence have increased dramatically since 1975 by 534%. UN statistics from 2010 show this epidemic of rape reports. In 2008, Sweden had 53.2 reported rapes/100.000 people per year (compare to Finland 17.2, Norway 19.8, Denmark 7.3). Swedens rates of reported rapes are over double

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Sexual Offences - Justice for Assange

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those of the UK. By way of comparison, Swedens homicide rates were lower than its Scandinavian partners (save Norway - see UN Statistics on international homicide rates for 2007 and 2008 (last available stats)). The stated objective by the Minister of Justice that oversaw the biggest changes in the sexual offences laws over the past decade - Thomas Bodstrm (partner in the lawfirm Bodstrm&Borgstrm representing the complainants against Assange) - was to raise the conviction rate (see the graph at the top of this page). While the conviction rate has not risen commensurate with the soaring numbers of reported rapes, Sweden has achieved the third highest per capita rape conviction rates in the Council of Europe, and the second highest in the EU after Lithuania (Council of Europes European Sourcebook of Crime and Criminal Statistics 2010). The number of convictions for rape in Sweden trebled between 2004 and 2005 (from 1.7 to 4.9 per 100.000 people) as a result of the broadened definition of rape in the 2005 change to the legislation. The number of people convicted for rape per 100.000 people was around three times higher in Sweden than in England and Wales in 2006, and three times the European median. Latest Conviction rates available (2006) Country - Conviction rate/100.000 people Median - Council of Europe: 1.6 Lithuania: 5.4 Russia: 4.9 Sweden: 4.7 France: 2.9 Portugal: 0.5 Finland: 1.6 UK: England and Wales: 1.6 Netherlands: 1.7 Denmark: 1.1 The number of reported rapes far outpaces the number of convictions. Despite the extraordinary rise in conviction rates, Sweden was criticised in two recent reports for their reported rape vs. conviction ratio, one commissioned by the European Commission (2009) and one by Amnesty International (2008). Amnesty Internationals report condemned Swedens non-transparency in investigating and prosecuting reported rape cases, identified flaws in the investigation and subjectivity in the decision of whether the case should proceed or not: "the evaluation and analysis of rape cases is largely dependent on the motivation, knowledge and attitude of the investigators." "Amnesty International is concerned that a lack of prioritization and a lack of knowledge and training on how to interrogate witnesses and suspects, and how to secure the necessary evidence, may harm the quality of the investigation [emphasis added]."

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Sexual Offences - Justice for Assange

http://justice4assange.com/Sexual-Offences.html

"The assessment of the credibility of the victim and the accused, and the reasons for deciding whether to close the case or to proceed, are largely non-transparent ... Informal discussions concerning the credibility of the victim and the alleged perpetrator and whether the case will hold up in court or should be closed do not maintain the principle of due process of law [emphasis added]. Subjectivity, non-transparency, lack of predictability and weakened safeguards seriously undermines the system for all involved - complainants and suspects. Amnesty Internationals findings echo greater systemic problems in rape investigations - these have been addressed in a number of articles and a recent official report on failing standards in preliminary investigations (see Rule of Law, and Investigation). Furthermore, Swedish lawyers and jurists have denounced the subjective manner of adjudications in word-against-word rape trials (read more about due process in criminal proceedings in Sweden, in Fair Trial for Julian Assange?). Criticisms of the reformed sexual offences law 2005 The changes to the Sexual Offences law implied: A greater amount of criminal acts will be classified as rape. The threshold of what constitutes coercion is lowered. When someone has sex with a person that is in a helpless state because of unconsciousness, sleep or being under the influence of drugs, it will be considered to fall under rape. The lawyer Elvy Wicklund criticised several aspects of the new law: "the present law identifies all men as potential rapists, or males brimming testosterone who cannot control their urges, which is an insult to most men that are not this way" The law was passed too hastily (Johan Stenberg, Appeal Court Judge, Gta Hovrtt) Although more criminal acts are classified as rape, the difficulties regarding proof remain (Bengt Sjgren, Appeal Court Judge, Svea Hovrtt); and difficulties of determining intent remain (Karolina Lindenkrantz). Several legal experts have argued that the changes to the law and the general climate in Sweden when it comes to rape cases has removed due process safeguards and made it too easy to sentence a man for sexual offences. See Fair Trial for Julian Assange?. Mandatory expression of consent - the latest proposal for reform Several new proposal has been tabled for the reform of sexual crimes legislation. Marianne Ny is one of the legal experts behind this new proposal, together with Nils-Petter Ekdahl. The more controversial of the new reform proposals is the mandatory expression of consent prior to intercourse - the test of how consent is given has not been defined, although verbal and even written consent have been discussed as possibilities. This stringent proposal is defended by Madeleine Leijonhufvud. It is meant to protect victims of frozen fright, where the perpetrator does not need to use force or

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Sexual Offences - Justice for Assange

http://justice4assange.com/Sexual-Offences.html

the threat of force. The proposal (SOU 2010:71) has been on referral to the Swedish National Courts Administration, the Prosecutor General and the lawyers association have rejected the proposal in its current format. The debate about the need to introduce consent as a consideration in the sexual offences law has been ongoing for several years. Gran Rudling, the witness in the February Hearing (he was the person who first came across complainant AAs deleted tweets, see Facebook & Twitter Trails) has been campaigning for rape victims rights through the incorporation of consent into the law. 443 days under house arrest. Supreme Court hearing: 1st and 2nd February 2012 cc-by-sa Justice4Assange.com

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