ok years ago there was a movie that ran on showtime rather frequently in the 90s and it had a scene that bugs me to this day
Ok the premise was there was a bored housewife that had 4 kids the (the latest was not even a year old ) and a younger college student that looked like her but was rather aimless and stated she wasn’t going to be a slave to being a woman and get married and have kids ect …
Well the housewife caused a slight car accident near the student and managed to switch places with her and said shed be back in a month and have fun next shot was her and her "family at home " where no one except the baby noticed the switch long story short girl decides being a wife and mom wasn’t so evil after all and mom realizes how good she actually had it …(although the entire movie was about college girl going through the highs and lows of married with kids life )
The scene that bothered me was this : for about the first week in a half the girl been giving the husband excuses for not having sex ie the accident … the baby makes her tired ect
one night they go out for dinner with out the kids and have a few drinks and later there in bed together really buzzed and she says she cant… the husband says “well let me change your mind” puts his tongue down her throat and basically takes her fast and hard and then according to the clock on the stand this takes an hour or so then it shows her there laying there sweating and shes got this look on her face like she cant decide if she wants more or just run out of the room …
theres even a throwaway line at the end of the movie that the wife didn’t want to know if theyed slept together but she was expecting something similar to happen when she went home …
My question is by a legal definition was she raped ? or would it just be assault or would he even be charged ?
That’s rape whether or not they were married, regardless of whether or not the husband knew who she was. She didn’t consent, he forced himself on her, the word for that is rape.
That’s not rape whether or not they were married, regardless of whether or not the husband knew who she was. She did consent, he didn’t force himself on her, the word for that is not rape.
I’m certainly not going to answer the question others are here based on a movie I’ve never seen and your 20-something year old memory of it. In particular, you don’t really give a way to tell if it’s consensual or not.
But I suspect that’s not the question you’re asking. I suspect you’re asking is it rape, assault, or what simply because the girl was not the man’s wife. I don’t see how it could be. As she’s in college she’s almost certainly over the age of legal consent, so it’s irrelevant even if the man knew she wasn’t his wife. Even if she was not over the age of consent, the man, if he truly believed her to be his wife, probably didn’t commit a crime based on mens rea. However, I don’t know if that would apply in what otherwise would be statutory rape.
One important thing not made clear is - what decade was the movie set in. Men can and are charged with raping their wives these days, but that was not always the case. In fact the presence or otherwise of a wedding ring has little or no bearing now.
Having sex with someone without their consent is always rape, regardless of their legal relationship.
What I’d like to know is the title of the movie, so I can see on IMDB who was involved in this lame premise, and read more about this train wreck. I wouldn’t avoid everything that everybody involved did, but I’d lie to read more about the train wreck.
That’s morally rape, but it’s possible it was set in a time and place with a marital rape exception, making it possibly legally not rape, because horrible laws from the goddamned Stone Ages hang on for a surprisingly long time in some jurisdictions.
To the best of my knowledge, the marital rape exception is fully and finally dead everywhere in the US.
I never knew the actual name of the movie… even though I seen it 6 times (and only once mostly all the way through )I know it was british made and the younger girl was possibly French …(she had a slight accent )
I think the question the OP is asking is maybe this; if you obtain consent to sex from someone by deceiving them as to your identity, does the deception vitiate the consent, so that the sex will be classified as rape?
If that’s the question, the answer is (obviously) going to depend on the law of the jurisdiction in which the events occurred. In most countries the deception as to your identity needs to be fundamental. If I seduce you by pretending to be extremely rich when in fact I am not, that’s not rape. But if I pretend to me male when in fact I am female, or if I pretend to be your boyfriend when in fact I am someone else, that could well be rape.
It’s driving me nuts that I can’t find this movie on Google.
OP, is it correct to say that this isn’t a body swap movie? Nothing supernatural? The mom just gets fed up after this minor accident and takes off after convincing this French college student who kinda looks like her to pretend to be her? And the family doesn’t recognize that it’s not actually their mom/wife? Do they eventually figure it out? Does the husband think he’s having sex with his wife or the French college student?
Huh, I think the more interesting question is whether she, by allowing him to engage in sex with her without him knowing her true identity and without speaking up about it, actually raped him (by deception)?
OP seems to be asking if “she” is the victim of rape. I’m not sure how one could answer the question unless we assume that body swapping is a real thing.
There’s no poll.