Forum Overview :: Tansin A. Darcos's Alter Ego
 
Is it rape, or is it not rape? by Tansin A. Darcos (TDARCOS) 05/09/2012, 12:10pm PDT
Horrible Gelatinous Blob wrote:

Here's a hypo for you: an eighteen year old high school student is about to graduate as valedictorian of her class with a full scholarship to her local state school. A week before commencement, the principal calls her into his office and tells her that he knows that she's in the country illegally. However, he says that he will not turn her in if she agrees to have sex with him, meaning that she will still graduate and can attend college. Feeling like she has no choice with the spectre of expulsion, arrest, and deportation looming over her, she gives in. Rape or not rape?

Oh it's rape, there's no doubt about that. It's "threat of force," e.g. that the government will use force to remove her from the country. If nothing else, it's probably also extortion even if it didn't fit the exact definition of the statute for rape.

I have some familiarity over this because I remember reading a court case before the California Supreme Court, Mary M. v. City of Los Angeles, 54 Cal.3d 202 (1991), 814 P.2d 1341, 285 Cal. Rptr. 99. Cop pulls over a woman for a traffic offense, and gives her a choice, screw him or go to jail (he wasn't even going to write her a ticket). So she ends up basically with no choice as he rapes her. She sues the city, and gets a judgement for something like $100,000. The judgement was upheld on technical grounds, basically the city's lawyers asked for a bad jury instruction that almost guaranteed they'd find for her, but, then on appeal. they can't then demand the jury's decision be thrown out because they selected a faulty set of instructions.
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"Consent" when it comes to sex by Tansin A. Darcos (TDARCOS) 05/07/2012, 11:43pm PDT NEW
    If I'm procrastinating on Caltrops, it must be exam time by Horrible Gelatinous Blob 05/08/2012, 12:15am PDT NEW
        Is it rape, or is it not rape? by Tansin A. Darcos (TDARCOS) 05/09/2012, 12:10pm PDT NEW
            Wrong. by Horrible Gelatinous Blob 05/09/2012, 11:43pm PDT NEW
                Getting sex by threat of prosecution is extortion (or blackmail in Wyoming) by Tansin A. Darcos (TDARCOS) 05/12/2012, 10:22am PDT NEW
                    I'm done with exams, so I've lost all interest in this now by Horrible Gelatinous Blob 05/12/2012, 1:37pm PDT NEW
                        Well, there is a difference here by Tansin A. Darcos (TDARCOS) 05/12/2012, 3:41pm PDT NEW
                        I see you falling into the same trap I did by Entropy Stew 05/12/2012, 5:13pm PDT NEW
                            Yeah, but Blob never replied. Tdacors 1, HGB 0 NT by Understatement Man 08/01/2025, 2:39pm PDT NEW
                He was convicted of rape, though by Tansin A. Darcos (TDARCOS) 05/12/2012, 10:29am PDT NEW
    Also: by Horrible Gelatinous Blob 05/08/2012, 12:19am PDT NEW
        I always told her I was going to enter her AND get inside her..... NT by Buffalo Bill 05/09/2012, 10:15am PDT NEW
        Just remember the rule about when sex is "dirty" by Tansin A. Darcos (TDARCOS) 05/09/2012, 12:14pm PDT NEW
            I should really be working on my paper. It's due tomorrow. by Horrible Gelatinous Blob 05/09/2012, 11:53pm PDT NEW
                TDARCOS, creepy?! Say it ain't so, Captain Obvious. NT by Eurotrash 05/10/2012, 11:57am PDT NEW
        *The girl, hearing the sound of a motorized scooter, looks fearfully behind her* NT by Whirrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr 05/10/2012, 7:39pm PDT NEW
            HAhahaha oh my god that is hilariously terrifying NT by WITTGENSTEIN 05/13/2012, 10:48am PDT NEW
 
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