Inspired by this thread.
Lets say you pay up front to a Nevada prostitute for sexual intercourse. She accepts the money . You now have a contract, right? But then she finds out that you are hugely hung and has second thoughts. You however are past any possibility of objective reasoning and determined to achieve self gratification regardless of the objections of the prosititute who shoves the money back into your pants pocket prior to ejaculation. Do we have a rape case here?
Yes, we do. If she says no, contract or no, you’ve got a rape. Even if she didn’t give back the money, a guy forcing himself on a woman is a rapist.
From what I’ve heard about Nevada, prostitution, pimps, etc, I’d have to say, no.
You wouldn’t have a rape case. You’d have a dead john.
Oops, I hit submit too early, sorry.
In case the client is still living, however, yes, it is rape. You have other options, such as masturbation, that you may not like, but they are still there. There is no reason to force yourself on someone that doesn’t want you.
You can’t use force to compel someone to perform contractual services, even if they are obligated to do so. Your remedy is to sue them.
Even then, it’s unusual, as I understand it, for a judge to order “specific performance” - that is, order someone to perform an act to complete the contract. The usual course is to award the plaintiff an amount of money to make whole the damages he suffered because of the breach of the contract.
So even under contract law, the “self-help” remedy described in the OP is not favored.
And of course, the law does not give anyone, even someone with a pre-existign contract, a “right to rape”. The OP describes a criminal act of rape.
What Bricker said. And the OP even posits that the service provider refunds the money of the client. If you get your money back you don’t even have grounds for a suit, much less sexual assault. If the contract explicitly states that the service provider must pay a penalty for not performing the agreed duties then you’d have grounds, but the scenario given by the OP says nothing about penalty provisions.
The client is guilty of rape.
For Part III should we ask “What circumstances do stop something being rape?” How about a genuine and reasonable belief that the woman had consented? How about a g & r belief that a woman was over the age of consent? (THe last one appears to be no, btw)
At the end of the first thread, Annaplurabelle made a post that leads me to think the answer to #1 is “no.” And as for the second: statutory rape is still rape regardless of consent or deception about age, I think.
And back to consent - in many states (not sure if it’s all of them) a woman is legally unable to give consent if she is drunk. So even if the man feels she has consented, she can press charges if she feels she was taken advantage of. Not that that ensures a conviction, obviously.
Bricker:
Unles, of course, you’re the military.
Marley23
Are men unable to give consent when drunk? What if both are drunk?
It’s probably both, actually. I’m searching, but not finding a definitive answer since this probably changes from state to state. We really need a lawyer for this one.
Interesting.
I assume pretending to be someone’s lover would be rape? How about pretending to be rich, famous, or nice?
Marley23 - the legal aspects of consent do vary by state.
(btw, my cites in the Kobe thread were case law, not statute as described - my error - but either can apply).
For anyone interested, here’s the best site I’ve found for looking up consent laws, by country and by US state. It’s meant primarily as a guide for the legal age of consent, but clicking on the individual country or state will pull up broader statute descriptions and/or pertinent case laws.
Very interesting… Consent
I’ve heard of cases of rape by deception…sneak into a married woman’s house when it is dark, she assumes you are her husband. You can be prosecuted for rape.
You cannot be prosecuted for rape if you tell your one night stand you have a script in development with Miramax.
I am not a lawyer and I don’t know the law in the case of impaired judgement. But it seems screwy to argue that two drunk people having sex are both guilty of raping each other.