Timeline for Being told I'm father to a son I don't want
Current License: CC BY-SA 3.0
13 events
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Jul 15, 2017 at 17:39 | comment | added | Warren Dew | @anongoodnurse You seem to be objecting to the characterization of "rape", which is defined as nonconsensual sex, which as defined in the law may have happened here. Or perhaps you missed the part in the original question where the woman claimed she was using contraception, but may have been lying? | |
Jul 15, 2017 at 4:35 | comment | added | anongoodnurse | @WarrenDew - What gives you the impression that I don't like how the law works? I think it is extremely wrong to pretend one is using contraception when one is not. | |
Jul 15, 2017 at 4:15 | comment | added | Stilez | @anongoodnurse - See also footnote 59 page 224 of your own source: Canadian Supreme Court case R v Hutchinson 2014 - wilful deception about contraception which had been a condition for sex: scc-csc.lexum.com/scc-csc/scc-csc/en/item/13511/index.do "On appeal, the majority upheld the conviction on the basis that condom protection was an “essential feature” of the sexual activity, and therefore the complainant did not consent to the 'sexual activity in question' ... Held: The appeal should be dismissed.“. So both UK and Canada at least. | |
Jul 15, 2017 at 2:22 | history | edited | Warren Dew | CC BY-SA 3.0 |
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Jul 15, 2017 at 2:20 | comment | added | Warren Dew | @anongoodnurse Read the section on 'conditional' consent. The crown document makes it clear that sex is legally nonconsensual even if consent is given, if consent is given under false assumptions. That includes if partner is claiming to use birth control when he or she is not (possibly what you mean by 'stealthing'), or if partner pretends to be male when she is in fact female or pretends to be female when he is in fact male; all three of these examples are explicitly given in the text Stilez links to. You may not like how the law works in the UK, but that does seem to be how it works. | |
Jul 15, 2017 at 0:04 | comment | added | anongoodnurse | @Stilez - I disagree. That is about non-consensual sex. Otherwise it is also quite similar to "stealthing". "When a defendant lies or uses other forms of deception to induce an adult partner into sex, the law only rarely treats that as rape, even if the partner would not have engaged in the act absent the deception." law.rutgers.edu It is considered in the "rape-adjacent" category. | |
Jul 14, 2017 at 20:50 | comment | added | Stilez | See link. I don't think a more specific citation than the UK's public prosecutors' guide and the explicit statement of one of the higher ranking judges in the country, is needed. It would apply equally to both genders because the offence (crime) isnt defined by gender or body parts. It's defined purely as deceit as to the nature of the sexual act - its intended nature, intentions upon participating in it, or conditions which one party knew untruthful. A possible situation that a condom would be worn, but in fact wasn't, was enough to get a valid extradition case in R. v Assange. So yes. | |
Jul 14, 2017 at 20:43 | comment | added | Zayde in NY | @Stilez. Do you have a more specific citation supporting your statement that lying about contraception creates rape out of otherwise consensual sex? Is that true whether the male or female is lying? Are there cases that have ruled that way? | |
Jul 14, 2017 at 15:38 | comment | added | Stilez | In English law, it's rape. See Crown Prosecution Service guidance to sexual consent, which explains it very well: cps.gov.uk/legal/p_to_r/rape_and_sexual_offences/consent (sections "conclusive presumptions" and more so "conditional consent"). Asssange's case pivoted on this point and the web link quotes the President of the Queens Bench, a high level judge indeed. | |
Jul 14, 2017 at 14:11 | comment | added | anongoodnurse | "Stealthing" is being defined as rape in some places, but can you provide a source for other kinds of deception regarding birth oontrol use and rape? It seems a very important point. Thanks. | |
Jul 14, 2017 at 14:03 | history | notice added | anongoodnurse | Needs citation | |
Jul 14, 2017 at 13:47 | review | First posts | |||
Jul 17, 2017 at 8:37 | |||||
Jul 14, 2017 at 13:42 | history | answered | anon | CC BY-SA 3.0 |