Answering old threads thread

Stripe

Teenage Adaptive Ninja Turtle
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Consider this scenario. A married couple has sex on Monday, Tuesday, and Wednesday. Afterward, the wife complains to a friend about Tuesday's tryst, which friend gets incensed about the husband forcing himself on her, and convinces her to file rape charges because she wasn't feeling up to sex that day. What should the judge's verdict be, and what should be the punishment, if he's found guilty?

Yes, it is rape, there's no other word for it...

If the wife complained to a friend that her supposedly loving and cherishing husband had forced her into sex against her will then her friend would be right to call it rape. Proving something like that in court isn't easy as others have mentioned already but its still rape regardless. If it could be proved then the verdict should be guilty of rape and the wretch of a husband be lobbed in jail.

There was no evidence of force in the scenario, yet you would throw the book at the guy even though "it can't be determined if the husband forced her."

All you are doing is destroying any foundation upon which you might challenge Fred's ideas.
 

Arthur Brain

Well-known member
There was no evidence of force in the scenario, yet you would throw the book at the guy even though "it can't be determined if the husband forced her."

All you are doing is destroying any foundation upon which you might challenge Fred's ideas.
There was no evidence of anything in the scenario so it was unclear as to whether the wife's complaint was because her husband had forced her into sex or not. If her friend considered her complaint to be rape then that actually does imply force but it can't be determined by that alone. I would only throw the book at any rapist providing guilt of their act has been established.

I don't need to challenge Derf's "ideas". If a husband forces sex on his wife then it's rape, simple as. Even you've called him an idiot on that score.
 

Stripe

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There was no evidence of anything in the scenario so it was unclear as to whether the wife's complaint was because her husband had forced her into sex or not. If her friend considered her complaint to be rape then that actually does imply force but it can't be determined by that alone. I would only throw the book at any rapist providing guilt of their act has been established.

Then retract your response.

I don't need to challenge Derf's "ideas". If a husband forces sex on his wife then it's rape, simple as. Even you've called him an idiot on that score.

I'm not arguing with you over things we agree on.
 

Stripe

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Arthur Brain

Well-known member
It doesn't look like comprehension on my part is the issue...
Except it is if you'd actually noted the exchange. Note the parts highlighted in bold in each post.


"Which of course doesn't justify the notion that a spouse has the right to force themselves on their partner."


"Never said it did. But even if it happens, it's not rape.

Consider this scenario. A married couple has sex on Monday, Tuesday, and Wednesday. Afterward, the wife complains to a friend about Tuesday's tryst, which friend gets incensed about the husband forcing himself on her, and convinces her to file rape charges because she wasn't feeling up to sex that day. What should the judge's verdict be, and what should be the punishment, if he's found guilty?"


"Yes, it is rape, there's no other word for it and you certainly haven't found one still being stuck with "something else".

Your scenario is lame as anything frankly. Do you honesty think that loving married couples have sex on set days or something? If the wife complained to a friend that her supposedly loving and cherishing husband had forced her into sex against her will then her friend would be right to call it rape. Proving something like that in court isn't easy as others have mentioned already but its still rape regardless. If it could be proved then the verdict should be guilty of rape and the wretch of a husband be lobbed in jail."



Notice how the bolded part in my last isn't addressing the scenario yet but rather Derf's notion that forced sex in a marriage isn't rape? I go on to address his scenario afterward. You all clear now?

Oh good.
 

Arthur Brain

Well-known member
God bless you, AB. Are these guys always this foolish or just on this issue? ie, do they behave this badly when I agree with them and I missed it?
Thanks Mary. I'd hope that most of it's just foolishness but there's definitely an insidious aspect going on as well. Some folk actually think that there's no such thing as rape in a marriage so that shows the mentality of certain elements here, and elsewhere unfortunately.
 

Idolater

"Matthew 16:18-19" Dispensationalist (Catholic) χρ
I'm not a fan of the "power imbalance" argument as in any relationship there are power dynamics in both directions, and rarely static.

The question for me is whether it interferes with informed consent, which means the same thing for me as a free and voluntary choice. If it interferes with that, and it's deliberate, I have a hard time not at least entertaining that a rights violation's occurred, or at least listening to the case. And of course I could be wrong, so I'll extend a margin of safety to avoid dealing in trifles. Forget the trees, look at the forest, is there some big picture, high level, panoramic view, conceptually zoomed out, that seems at first blush to be a possible rights violation situation?
I'll be honest. I've been watching the show Dallas all the way through for the first time. I have found the JR Ewing character compelling, entertaining; certainly he has 'loose morals' but still, entertaining. I even had the younger JR as my avatar for a while here, back before the following occurred.

By now we're up to season 11, and there's this scene with JR and a British young woman. The young woman befriended Clayton, and now Clayton's in trouble with the law, and JR tells the young woman that he's got exculpatory evidence vindicating Clayton, and he'll provide it only if the young woman provides JR with out-of-place marital relations.

She succumbs to his threat.

That's rape. JR's a rapist.
And Jefferson owned the woman, legally. Today we don't have anything like that exactly. But if you're holding a woman basically hostage for her job unless she provides out-of-place marital relations to you, that's akin to Thomas Jefferson rape, maybe call it Matt Lauer rape or Kevin Spacey rape. I'm not trying to defame or libel either of them, I'm just saying where there's fairly thick smoke there's a reason to suspect a fire.
Call it JR Ewing rape.

It's so interesting to watch this scene and realizing that in 1987 Americans didn't see rape. They surely did not see anything moral or upstanding or ethical or virtuous, but they didn't see rape.
Still extremely difficult to meet the burden of proof in a law court since it 'doesn't leave a mark', it doesn't change that.

Like felony perjury in that way.
JR didn't 'leave a mark' either.
 

Arthur Brain

Well-known member
No. There was no force in his scenario, including any sense of there being a "JR situation."



No. Your immediate response was "guilty."



Two items from your imagination?

There's a laugh.
Er, there was certainly implied force else why would the wife's friend encourage her to file rape charges as needed to be explained to you previously? The whole scenario is lame for sure but to say there's no force implicit is dumb.

Rather, you misquoted me out of context and applied my response to Derf's scenario when it wasn't but rather to his notion that forced sex in a marriage isn't rape. Explained right there in post #872. Unlike you I provided the exchanges in full, with no editing or quote mining where there was no room for doubt on the score. So at best you have reading comprehension problems or you are thoroughly dishonest on the matter, which is it?

Are you that childish that you can't admit when you've dropped the ball? We all do it so there's no shame in it but doubling down on an error has no merit to it and you should have picked it back up instead of kicking it further down the street in petulance.
 
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Stripe

Teenage Adaptive Ninja Turtle
LIFETIME MEMBER
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There was certainly implied force.

So now you're finding guilt on the basis of "implied force"?

Why else why would the wife's friend encourage her to file rape charges?

There are a million reasons that would not justify your guilty conviction.

To say there's no force implicit is dumb.

There is no implied force. In fact, that there was a "Wednesday event" and only a complaint about Tuesday implies there was no force.

You really are terrible at this, aren't you?

You misquoted me out of context
Oh. I misquoted you out of context? What a terrible combination of affairs.

[You] applied my response to Derf's scenario when it wasn't but rather to his notion that forced sex in a marriage isn't rape.

Oh, I see it now. To be fair, you do not parse your replies according to what you're responding to.

Fred's scenario:


A married couple has sex on Monday, Tuesday, and Wednesday. Afterward, the wife complains to a friend about Tuesday's tryst, which friend gets incensed about the husband forcing himself on her, and convinces her to file rape charges because she wasn't feeling up to sex that day. What should the judge's verdict be, and what should be the punishment, if he's found guilty?



Guilty or not guilty?
 

Arthur Brain

Well-known member
So now you're finding guilt on the basis of "implied force"?



There are a million reasons that would not justify your guilty conviction.



There is no implied force. In fact, that there was a "Wednesday event" and only a complaint about Tuesday implies there was no force.

You really are terrible at this, aren't you?


Oh. I misquoted you out of context? What a terrible combination of affairs.



Oh, I see it now. To be fair, you do not parse your replies according to what you're responding to.

Fred's scenario:


A married couple has sex on Monday, Tuesday, and Wednesday. Afterward, the wife complains to a friend about Tuesday's tryst, which friend gets incensed about the husband forcing himself on her, and convinces her to file rape charges because she wasn't feeling up to sex that day. What should the judge's verdict be, and what should be the punishment, if he's found guilty?



Guilty or not guilty?
Of course not. Guilt can and should only be determined by evidence to support it.

Considering I haven't given a guilty conviction then that's rather moot.

Of course there's implied force or at least the very real possibility of it, else why is the wife's friend so insistent on her filing rape charges? That certainly isn't proof of rape in itself but it's a strong indicator that the husband may well have forced himself on her. Evidence enough in itself? No, of course not. It's possible that her friend may have misconstrued what she said or prone to hysteria and this is the problem with hypothetical scenarios, they generally lack specifics and especially one as vague as this.

Not terrible at this at all. I would be if I misapplied quotes out of context and made unsupportable accusations but don't go in for that.

Yes, you did although you finally admit your error at least. It was hardly a long, drawn out post. It was one line responding to Derf's comment about forced sex in marriage not being rape and a short paragraph addressing his scenario.

If he's found guilty then proof has been established that he raped his wife. In my initial response I mentioned that if it can be proved that he forced sex on his wife then he should be lobbed in jail. What's tripping you up?
 
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