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Questions tagged [rape]

68 questions
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If a man is raped, resulting in pregnancy, and the woman chooses to carry the child to term, is the man still responsible for child support?

Inspired by Is it true that men are forced to pay child support for children they didn't consent to have? Let's say Alice rapes Bob and becomes pregnant. She then carries the child to term, against Bob's wishes. Can she then compel Bob to pay child…
Allure
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If an adult is raped by a minor, is it statutory rape?

Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?
TheEnvironmentalist
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If two individuals who are too drunk to give consent have sex are both guilty of rape?

Hypothetically let's say that two individuals are heavily drunk, to the point that their ability to give consent is questionable. They have sex, both of them either don't remember the details of the night (black out) or both remember the situation…
dsollen
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Is "dry-humping" considered rape?

Can fully-clothed dry-humping someone without consent count as rape? And if not, what sort of offense is it? If found guilty, what would a typical punishment be in the US? Does it matter whether they are under-aged? Does it matter if the perpetrator…
user43
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2 answers

Marital Rape as Defined by Indian Law

According to 1860 Indian Penal Code: "Sexual intercourse by a man with his own wife is not rape." What are the possible exceptions to this law that would allow for a husband to be prosecuted for raping his wife?
Victor Juliet
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If sexual consent is gained by deceit or misapprehension, is the resulting sex legally a rape?

In Arthurian legend, the wizard Merlin magically disguises Uther Pendragon to look like his enemy Gorlois, enabling Uther to sleep with Gorlois' wife Lady Igraine; thus conceiving the child that would grow up to become King Arthur. From a legal…
Showsni
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Can two wrongs ever make a right?

From the legal perspective would one crime ever balance-out another? Bob and Sue meet at the local night-spot. They return to Bobs house and have sex. The next day Sue goes to the police and reports she was raped. Bob admits to the police to have…
ConanTheGerbil
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Are there "rape shield" laws in the UK?

This question is prompted by the BBC program "Is This Rape?" which is currently on iPlayer. The program contains a story of a fictional sexual assault, which goes to court (starts in the program at 19:07). In the fictional court a number of things…
Jekowl
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Is it a criminal offense for a defendent to introduce inadmissable evidence in a criminal case?

Consider a criminal trial by jury. If the defendant attempts to introduce inadmissible evidence, is there any penalty preventing them from doing so? For example, under Rape Shield laws, an accuser's past sexual history is not considered admissible -…
Super Hacker
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Laws regarding consensual sex and intoxication

Disclaimer: I do not intend to offend anyone, I just wish to learn more about the laws in this area. Also note I'm only referring to rape when consent has been given, but due to intoxication that consent is ignored in the eyes of the law. As far as…
mrnovice
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Can a rape victim's DNA be used against them in criminal proceedings?

This question arose after a recent revelation from the San Francisco DA, who said that DNA of rape victims that were gathered when performing a rape kit test1 was used to identify a criminal suspect through a match in the database. Does this…
BakedAlaska624
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Does the lecherous millionaire violate any laws?

The lecherous millionaire is a hypothetical character who offers to pay for a woman's sick child's medical treatment in return for sexual favours. It's meant as a philosophy thought experiment to illustrate the concept of coercion. I'm not thinking…
Allure
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Switching sides

I'm writing a drama and need some help. Can a criminal lawyer in a rape case switch sides from the person they are representing to the victim if they have been fired by their client?
Ayeesha
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Is it rape if it is a woman on a girl?

Now I don't fully understand what has happened to me. Yes I know what sex is. I know what rape is it's when a man forces a woman to have sex with him. But the other night I was at a friend's house with my two best friends. When one of them had to…
Katy
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Are there actual cases where a woman got jailed for being raped by an underage rapist?

This PDF says that if a minor rapes an adult it is statutory rape. The case is Henyard v. State. It goes on showing a sample of a 15-year-old man using a gun to rape a mother in front of her 2 daughters. The case ended badly. The mother is shot.…
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