Law Stack Exchange
Law Stack Exchange

Questions tagged [rape]

69 questions
28
votes
3 answers

If a man is raped, resulting in pregnancy, and the woman chooses to carry the child to term, is the man still responsible for child support?

Inspired by Is it true that men are forced to pay child support for children they didn't consent to have? Let's say Alice rapes Bob and becomes pregnant. She then carries the child to term, against Bob's wishes. Can she then compel Bob to pay child…
Allure
  • 4,352
  • 4
  • 30
  • 57
19
votes
3 answers

If an adult is raped by a minor, is it statutory rape?

Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?
TheEnvironmentalist
  • 2,285
  • 3
  • 22
  • 31
9
votes
2 answers

If two individuals who are too drunk to give consent have sex are both guilty of rape?

Hypothetically let's say that two individuals are heavily drunk, to the point that their ability to give consent is questionable. They have sex, both of them either don't remember the details of the night (black out) or both remember the situation…
dsollen
  • 10,179
  • 7
  • 59
  • 116
8
votes
3 answers

Is "dry-humping" considered rape?

Can fully-clothed dry-humping someone without consent count as rape? And if not, what sort of offense is it? If found guilty, what would a typical punishment be in the US? Does it matter whether they are under-aged? Does it matter if the perpetrator…
user43
7
votes
2 answers

Marital Rape as Defined by Indian Law

According to 1860 Indian Penal Code: "Sexual intercourse by a man with his own wife is not rape." What are the possible exceptions to this law that would allow for a husband to be prosecuted for raping his wife?
Victor Juliet
  • 548
  • 4
  • 14
7
votes
5 answers

If sexual consent is gained by deceit or misapprehension, is the resulting sex legally a rape?

In Arthurian legend, the wizard Merlin magically disguises Uther Pendragon to look like his enemy Gorlois, enabling Uther to sleep with Gorlois' wife Lady Igraine; thus conceiving the child that would grow up to become King Arthur. From a legal…
Showsni
  • 181
  • 2
6
votes
3 answers

Does this detail of the Michelle Hadley case count as consent?

I've learned about the Michelle Hadley case in California. Basically, Michelle's ex and his New Wife (NW) had a convoluted scheme where they impersonated Michelle impersonating NW inviting men to come over and rape NW as a form of BDSM role play.…
HAEM
  • 665
  • 5
  • 15
6
votes
1 answer

Can two wrongs ever make a right?

From the legal perspective would one crime ever balance-out another? Bob and Sue meet at the local night-spot. They return to Bobs house and have sex. The next day Sue goes to the police and reports she was raped. Bob admits to the police to have…
ConanTheGerbil
  • 3,701
  • 1
  • 21
  • 39
5
votes
1 answer

Are there "rape shield" laws in the UK?

This question is prompted by the BBC program "Is This Rape?" which is currently on iPlayer. The program contains a story of a fictional sexual assault, which goes to court (starts in the program at 19:07). In the fictional court a number of things…
Jekowl
  • 193
  • 2
  • 5
5
votes
1 answer

Is it a criminal offense for a defendent to introduce inadmissable evidence in a criminal case?

Consider a criminal trial by jury. If the defendant attempts to introduce inadmissible evidence, is there any penalty preventing them from doing so? For example, under Rape Shield laws, an accuser's past sexual history is not considered admissible -…
Super Hacker
  • 51
  • 2
5
votes
2 answers

Laws regarding consensual sex and intoxication

Disclaimer: I do not intend to offend anyone, I just wish to learn more about the laws in this area. Also note I'm only referring to rape when consent has been given, but due to intoxication that consent is ignored in the eyes of the law. As far as…
mrnovice
  • 151
  • 1
  • 2
4
votes
3 answers

Can a rape victim's DNA be used against them in criminal proceedings?

This question arose after a recent revelation from the San Francisco DA, who said that DNA of rape victims that were gathered when performing a rape kit test1 was used to identify a criminal suspect through a match in the database. Does this…
BakedAlaska624
  • 1,313
  • 10
  • 17
4
votes
2 answers

Does rape really need to include a penis in England and Wales?

According to Wikipedia, rape occurs in English law when "a man penetrates another person with his penis without the consent of the person being penetrated" but any sexual act that does not include a penis is not classified as rape. This is very…
Jakub Konieczny
  • 173
  • 1
  • 5
4
votes
1 answer

Does the lecherous millionaire violate any laws?

The lecherous millionaire is a hypothetical character who offers to pay for a woman's sick child's medical treatment in return for sexual favours. It's meant as a philosophy thought experiment to illustrate the concept of coercion. I'm not thinking…
Allure
  • 4,352
  • 4
  • 30
  • 57
4
votes
1 answer

Switching sides

I'm writing a drama and need some help. Can a criminal lawyer in a rape case switch sides from the person they are representing to the victim if they have been fired by their client?
Ayeesha
  • 43
  • 3
1
2 3 4 5