Suppose a man gets a ‘Chinese method’ no-scalpel vasectomy, which supposedly leaves no visible scar. Furthermore, since a vasectomy doesn’t cause any noticeable change in the volume, color, taste, clumpiness, odor, or viscosity of his ejaculate, it certainly wouldn’t be obvious to anyone that he had had this procedure done.
Now suppose he get married, but never bothers to tell his wife that he has had the vasectomy. Later, after she decides she wants to have kids, he eagerly plays along, happily humping away on her whenever she thinks she might be ovulating, without having to make the effort to do anything ‘romantic’ to put her in the mood on such an occasion.
Could such a person be charged with rape for this, because his wife was having sex with him under ‘false pretences’ (she was having sex with him under the belief that she could be impregnated)?
Under what circumstances could someone be charged with a ‘false pretences’ rape?
I’d like to say “Not at least until we start seeing women prosecuted for rape on the grounds that they claimed to be using contraception but weren’t”, but it’s an interesting point.
I would guess not, since the act itself was agreed to. Now the wife could probably get a pretty good divorce settlement (and annulment) based on this fact.
And the guy would probably get a swift kick in the junk.
Interesting. She’d have to claim that the sex was forcible or compelled, and the force or compulsion would have to be “I wanted to get pregnant.” If I remember correctly, the required mental state for rape is only recklessness – he knew or should have known that she didn’t want to have sex with him, only that she wanted to get pregnant. I don’t think it’s strong, and I can’t see a prosecutor touching the case, because the problem is that she did consent to the sex, even though she was mistaken about the probable result of the sex.
Fraud’s another option for her. Or divorce. With a big, fat juicy settlement. If he had the vasectomy before marriage and didn’t tell her, she might even be able to get an annulment.
I’d say maybe a case for fraud but having sex under false pretenses isn’t rape–rape is forced sexual activity.
However, since statuatory rape has its basis in the fact that one of the engaging partners was not able to consent due to age (essentially saying that the “victim” could not process the needed info to make the decision) then perhaps there might be something to it. After all, the wife would not have had the appropriate information to make the decision to have sexual relations with her husband–as she might very well have decided not to have sex with him if she knew he was sterile.
But I still say fraud rather than rape. Or impersonating a procreator? ?
But this goes back to what Malacandra said. Men can’t allege rape or fraud based on “not having the appropriate information” that the woman was not taking birth control (or was lying about it) — he might very well have decided not to have sex with her if he knew she was fertile.
Under the traditional common law view, it wouldn’t be rape for the simple reason that a man could not rape his wife. That’s been abrogated in most every modern jurisdiction, however.
Still, no, it wouldn’t be rape. Rape is intercourse gained without the person’s effective consent. There are certain instances where a victim may be fraudulently induced to believe that the act is not intercourse, like when a doctor is claiming to be making a gynoclogical exam but is actually having nonconsentual intercouse with a patient, but fraudulently gaining effective consent is not rape. If it were, the jails would be filled with the guys at bars who take girls home after claiming to be wealthy doctors and lawyers when they are actually unemployed.
No, rape is sexual activity without consent. “Without consent” and “force” are not necessarily the same thing. It may be a TV-invented thing but I seem to remember hearing of at least one case where a woman diagnosed with MPD brought rape charges against a man on the grounds that while one of her alternates consented, she (the legal person) didn’t, and also at least one case in which a woman consented to sex with a man thinking he was his twin. Since she consented to sex with Brother A but didn’t consent to sex with Brother B who was actually the one who performed the act, it was rape.
I asked a similar question a while back, regarding whether if one consented to “sex using a condom” it was rape if the guy didn’t end up using one. Can’t remember what the answer was though.
The scar from a regular, non-Chinese vasectomy is undetectable on the bumpy, wrinkly skin of the scrotum. The scrotum heals quickly, and there is rarely a scar, anyway.
If not for my modesty, I’d challenge you to find a scar on my scrotum from my vasectomy.
Yep, that’s a good one. Pretty much a case of (functioning) penis does not ensue.