Texsox Posted March 31, 2004 Share Posted March 31, 2004 In another thread it is being discussed about the behavior of Kobe's accuser and whether her sexual history is relevent. To take this to an extreme, and not to infer in anyway that she is a prostitute, if we believe no means no, and history means nothing, is it possible for prostitute, while working, to be raped? Quote Link to comment Share on other sites More sharing options...
Texsox Posted March 31, 2004 Author Share Posted March 31, 2004 Could the fact she was working as a prostitute be used by the defense? Do you think the rapist could be convicted? Quote Link to comment Share on other sites More sharing options...
Pale Hose Jon Posted March 31, 2004 Share Posted March 31, 2004 Everywhere but Nevada it should be considered not to be rape, but if prostitution is legal then it should be rape Quote Link to comment Share on other sites More sharing options...
Soxy Posted March 31, 2004 Share Posted March 31, 2004 Could the fact she was working as a prostitute be used by the defense? Do you think the rapist could be convicted? Would it be used by the defense: yes. Should it, no. Rape is about consent. Will the rapist be convicted. No, probably not. They have a low conviction rate anyway. Quote Link to comment Share on other sites More sharing options...
Texsox Posted March 31, 2004 Author Share Posted March 31, 2004 Everywhere but Nevada it should be considered not to be rape, but if prostitution is legal then it should be rape I think I understand what you are saying. If she is committing illegal prostitution she has forfeited her right to be protected by the rape laws. If what she is doing is legal, then she should be protected by the law. That is interesting. Kind of like the guy who called police when someone robbed him of his marijuana at gun point. Since he was engaged in an illegal act, the police were not going to help him. Quote Link to comment Share on other sites More sharing options...
Texsox Posted March 31, 2004 Author Share Posted March 31, 2004 Would it be used by the defense: yes. Should it, no. Rape is about consent. Will the rapist be convicted. No, probably not. They have a low conviction rate anyway. Would it be rape if instead of paying her the agreed upon price, he paid her $0.01? Quote Link to comment Share on other sites More sharing options...
Pale Hose Jon Posted March 31, 2004 Share Posted March 31, 2004 I think I understand what you are saying. If she is committing illegal prostitution she has forfeited her right to be protected by the rape laws. If what she is doing is legal, then she should be protected by the law. That is interesting. Kind of like the guy who called police when someone robbed him of his marijuana at gun point. Since he was engaged in an illegal act, the police were not going to help him. All rapes are terrible and unhuman, but that is what comes with that profession. I don't know what evidence a jury would have to go by since this women was unlawfully selling herself. Anyway i don't even know what i'm saying i've got to get to class Quote Link to comment Share on other sites More sharing options...
Soxy Posted March 31, 2004 Share Posted March 31, 2004 I think I understand what you are saying. If she is committing illegal prostitution she has forfeited her right to be protected by the rape laws. If what she is doing is legal, then she should be protected by the law. Interesting point...I've never seen anything like that legally. But if you are breaking the law by being a minor and are drinking (of your own volition--not being forced to drink) and then are raped while drunk--you will not get a "minor" if you report. Instead, the greater crime is rape and that takes precedence. Just something to think about--two wrongs don't make a right--but neither does it mean you should have to pay for someone else's crime. Quote Link to comment Share on other sites More sharing options...
Steff Posted March 31, 2004 Share Posted March 31, 2004 Anyway i don't even know what i'm saying i've got to get to class Good plan.... Quote Link to comment Share on other sites More sharing options...
IlliniBob72 Posted March 31, 2004 Share Posted March 31, 2004 That's a tough one. If she offers to give the money back, it's definitely rape. If I give a salesman money for a car, then he decides not to give me the keys, do I have the legal right to hotwire the car and drive off with it? Actually, I would have to say just the opposite of the Nevada point. In Nevada, it would be a legal and recognized transaction, therefore she has to give what was paid for. Any place else, a prostitution payment would not be legally recognized, so it would be rape. Of course, good luck proving it was forcible sex. That is what I'd imagine. Quote Link to comment Share on other sites More sharing options...
IlliniBob72 Posted March 31, 2004 Share Posted March 31, 2004 Before I get jumped on, I'm not advocating rape!! I'm thinking strictly in terms of a business transaction. Quote Link to comment Share on other sites More sharing options...
Queen Prawn Posted March 31, 2004 Share Posted March 31, 2004 That's a tough one. If she offers to give the money back, it's definitely rape. If I give a salesman money for a car, then he decides not to give me the keys, do I have the legal right to hotwire the car and drive off with it? Actually, I would have to say just the opposite of the Nevada point. In Nevada, it would be a legal and recognized transaction, therefore she has to give what was paid for. Any place else, a prostitution payment would not be legally recognized, so it would be rape. Of course, good luck proving it was forcible sex. That is what I'd imagine. Actually yes. If you have proof of purchase - referring to the car comment - (title with name change, receipt, etc) you call the cops, they will either force the guy to hand over the keys and if he doesn't, take him/her away for car theft. Brian has sold and bought enough cars so we've had to make sure we understand our rights just in case a something happens with a purchase (like what happened a year ago). Quote Link to comment Share on other sites More sharing options...
Texsox Posted March 31, 2004 Author Share Posted March 31, 2004 That's a tough one. If she offers to give the money back, it's definitely rape. If I give a salesman money for a car, then he decides not to give me the keys, do I have the legal right to hotwire the car and drive off with it? Actually, I would have to say just the opposite of the Nevada point. In Nevada, it would be a legal and recognized transaction, therefore she has to give what was paid for. Any place else, a prostitution payment would not be legally recognized, so it would be rape. Of course, good luck proving it was forcible sex. That is what I'd imagine. Situation A: Wouldn't you be stealing your own car? I guess the scenario I'm thinking is a prostitute who doesn't get paid. Perhaps she heads off to a motel to work out the details of the transaction and once inside is forced to have sex. Would tossing her a $1 make a difference?(sorry ladies I can't think of another way to state the question) For example, if she agreed to a BJ for $20 and then the customer forced her to have intercourse, would it be rape? Of course we would then have to debate what "sex" is. Quote Link to comment Share on other sites More sharing options...
IlliniBob72 Posted March 31, 2004 Share Posted March 31, 2004 Situation A: Wouldn't you be stealing your own car? I guess the scenario I'm thinking is a prostitute who doesn't get paid. Perhaps she heads off to a motel to work out the details of the transaction and once inside is forced to have sex. Would tossing her a $1 make a difference?(sorry ladies I can't think of another way to state the question) For example, if she agreed to a BJ for $20 and then the customer forced her to have intercourse, would it be rape? Of course we would then have to debate what "sex" is. I thought so too. Was kinda getting at taking the sex the way you'd take the car. I wouldn't do it personally, but... Quote Link to comment Share on other sites More sharing options...
SuperSteve Posted March 31, 2004 Share Posted March 31, 2004 Yes...she (or he) can be raped...but I think it goes further than someone saying they were actually raped. Quote Link to comment Share on other sites More sharing options...
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