Just out of curiosity, what on earth are you suggesting the laws should BE?
What law could be written, with any hope of fair and practical enforcement, to make it illegal to not be an asshole?
Your Freudian slip is showing.
They weren’t excluded as such. It wasn’t a process of writing laws and thinking “how can we make this scenario not rape.”
Rape started out as a crime against men - women were chattels, and raping a woman was either a crime against her husband (conversion of his property) or her father (devaluing his property to the extent that she is less marriable). As law developed, and as society developed to recognize women had certain rights, the twin requirements of force and absence of consent developed. Force is a physical concept here - saying you won’t give someone something unless they sleep with you isn’t rape, even if they wouldn’t otherwise, and even if they will die without what you are withholding.
Well, I can see certain circumstances in certain jurisdictions where it would be, but, in general, its not. The way in which I could see it being rape is if a man, for example, takes a diabetic woman’s insulin, and she has no way of replacing it, and offers to give it back in exchange for sex. If, on the other hand, the man owns the insulin, then trading it for sex to the woman isn’t legally rape, though it may have other legal consequences.
OK - let me rephrase. It’s not force as currently recognized in any jurisidiction I have seen. It is absolutely a factor which influences the decision making of the victim.
If she is a minor, yes, but it would fall under that category whether or not he threatened to flunk her. The crime there would be sex with a minor, and the threat would be irrelevant to it. It might, however, be a factor that persuaded the prosecutor to bring charges, or act as a sentence magnifier.
On second thoughts, it is possible there is a jurisdiction that in its elements of statutory rape includes such a scenario and criminalizes an action that would not otherwise be criminal. I don’t know of any such law, however, but rape laws often include a “position of authority” factor.
the rapist in the webcomic decided not to go through with it.
I’m not sure I get it. Did he give up because she was too passive, or was she clenching too hard for him to penetrate?
I took it to be
the latter. The expressions on her face speak of a lot of tension and fright. She’d never had it that way before and didn’t know what she should do. I understand that it’s not intuitive.
Seems she agrees with your assessment.
Well, if you go to the next page it seems that it was only attempted psychological rape.
Technically if the person does not say no then the other person can not be charged but if the other person is under the influence of alcohol they can be or if the person is in an authority of power.
Technically this is incorrect.
At least he was right about Vladimir Putin.