Inspired by, of all things, a web comic- (Warning! Utterly NSFW!)
This page and the one that follows it:
[noparse]Home Page - “Book For You”
[noparse]Home Page - “Book For You”
Now let me make myself clear: I believe the depicted scenerio is morally and pyschologically rape; but legally, can someone be charged with rape for basically being a manipulative bastard who takes advantage of someone’s fears and weaknesses?
Not as a general proposition, no.
But there are plenty of specifics that could change that answer. I hate to say “It all depends,” but it really does all depend. Taking out special cases where the accused is in a position of authority over the victim, the general rule is that there must be force, threat of force, or intimidation. Intimidation, as used in this case, means putting a victim in fear of bodily harm, which must come from some conduct or statement of the accused.
I don’t know what the backstory is on the comic linked to. But if this is someone whispering soothing words to a confused person, and relying on her confusion and need for some kind of help to allay any protests… it’s not rape.
On the other hand, if she were, say, fleeing from an abusive spouse and she reasonably understood his conduct to be a threat that if she failed to acquiesce, he would return her to her abuser… it could be rape.
I’d call that rape by intimidation.
That’s creepy as hell!
He’s a bird and she’s some kinda deer-creature!
In what state?
In Virginia:
Quoting Sabol v. Commonwealth, 37 Va. App. 9 (2001).
In Sabol, the accused was tried for rape. The following act was described:
As the court concluded:
What, in the comic, do you believe supports the inference that the victim feared bodily harm?
So we can at least get him on miscegenation.
Of interest: Can I legally refuse to feed Rachel Leigh Cook unless she sleeps with me?, a 2003 thread that discusses the issue.
Background of what’s happening:
The woman Megan, and a young girl Susan are on the run from authorities, who believe Megan is a child abductor and/or murderer (actual situation involves the supernatural and I won’t go into it here). The two of them eluded the authorities who now think they’re dead, but Megan injured her legs and couldn’t walk. The guy Ordin found them and gave them a place to hide while Megan heals… at a price.
In the This-is-Why-the-Guy-Needs-to-have-his-jaw-broken state. Morally, in other words, rather than legally.
I won’t address the rest of your post because I have confidence in your correctness on legal issues. I was not speaking in legal terms.
Hmmmm. I’d have to go with morally/ethically a scummy thing to do, but legally not rape in any jurisdiction I can think of. Even under suggested legal changes to criminalize this sort of behavior (sleep with me or I will flunk you out of high school/fire you/etc) this probably wouldn’t count, as they tend to suggest that it is rape if the person is threatened by denial of something to which they have a right. Schulhoffer wrote a lot on this.
But here, it doesn’t appear Megan has a tight to a place to hide. Legally, though, Ordin maybe committing an offense by not informing the authorities, presuming he knows she is wanted, and both of them maybe committing prostitution related offenses.
Gotcha. I did not think you were doing that, primarily because the OP clearly ruled that out:
Maybe she might offer a necessity defense to the prostitution charge.
Not to mention that my recommendation of a broken jaw is clearly against public policy for some stupid reason.
I don’t see how. There is no necessity because she is on the lam. She should, in the eyes of the law, turn herself in to the authorities.
Yuck! I felt raped just reading it. . .
How can it be prostitution? No money is being exchanged. Are you saying that any exchange of sexual services for consideration is prostitution?
It doesn’t have to be money for it to be prostitution. I don’t know if this would fall under it, which is why I am saying maybe committing prostitution related offenses, but the exchange of things of value for sex may well be seen as prostitution.
In Virginia, "Any person who, for money or its equivalent, commits adultery, fornication or any act in violation of § 18.2-361, or offers to commit adultery, fornication or any act in violation of § 18.2-361 and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be punishable as a Class 1 misdemeanor. "
Cite, please. (ETA: Never mind; I see **Bricker **as already provided one.)
By the definition in the cite I provided upthread, she is clearly not engaging in prostitution as the state of Tennessee defines it, as she is not conducting a business in any sense of the word.
I was thinking of an Elizabeth Foreteich-type situation with respect to her concern for her minor child.