Re: When is rape not rape?
evident means- Easily seen or understood; obvious; apparent
soo are u saying… if it is not obvious.. then it is not rape?
like if someone has sex with a drunk person who consents… it is not easily seem or obviously rape.. but in the court of law, it is considered rape.
So… legally,
Rape is an act of sexual intercourse carried out:
“against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.”
where the victim is unable to resist because of an intoxicating, narcotic, or anesthetic substance.
where the victim is unconscious of the nature of the act and the perpetrator knows it.
where the victim believes, due to the perpetrator’s intentional deceptive acts, that the perpetrator is her/his spouse.
where the perpetrator threatens to retaliate against the victim or any other person, and there is a reasonable possibility the perpetrator will execute the threat – “threatens to retaliate” means threatens to kidnap, imprison, inflict extreme pain, serious bodily injury, or death.
where the victim is incapable of giving consent, and the perpetrator reasonably should know this.
where the perpetrator threatens to use public authority to imprison, arrest, or deport the victim or another, and the victim reasonably believes the perpetrator is a public official.