There are no shortage of cases from other jurisdictions of people convicted for obtaining sex by pretending to be someone else, and obtaining sex by threats not involving violence is specifically listed on this Australian government web site (see “The perpetrator bullied them, for example, by threatening to leave them in a deserted area at night”).
It’s also worth pointing out that the domain of what is legally considered rape is one that has expanded substantially over time, and does not seem likely to stop expanding. As one example, raping one’s spouse was a contradiction in terms, legally speaking, until relatively recently even in the developed world. The criminalisation of spousal rape is generally seen as moral progress. Currently in most of the developed world you will only be charged with rape by deception if you mislead the victim about your identity or tell them to have sex with you for medical reasons (I guess that must have been way more of a problem than I would have guessed since it’s addressed specifically), but there seems no fundamental reason to single out those forms of deception.
Myself I agree with High Court Justice Elyakim Rubinstein of Israel who argued that it should be a crime if a “person does not tell the truth regarding critical matters to a reasonable woman, and as a result of misrepresentation she has sexual relations with him.” Currently many men believe that misleading women to obtain sex is “just how it is”, and that it’s not immoral to do so. I suspect that in the medium term this view will go the way of the view that spousal rape is “just how it is”.
“person does not tell the truth regarding critical matters to a reasonable woman, and as a result of misrepresentation she has sexual relations with him.”
“No, I never raped that woman. I did lie to her about certain matters, as a result of which she chose to have sex with me, but she was clearly unreasonable.”
“person does not tell the truth regarding critical matters to a reasonable woman, and as a result of misrepresentation she has sexual relations with him.”
First of all, how in the hell would you decide what is and isnt a critical matter. Its an appeal to authority of the most crazy kind.
Now we cant even lie to protect ourselves for the reason that the law would always find in the favour of the plaintiff.
And what happens to omissions? Pretty soon we wont be able to have privacy atall, and instead, have state approved truths and security cameras on every street… but, we allready know that israel is a police state.
No amount of force results in logic. Science needs to hurry its ass and replace law.
There are no shortage of cases from other jurisdictions of people convicted for obtaining sex by pretending to be someone else, and obtaining sex by threats not involving violence is specifically listed on this Australian government web site (see “The perpetrator bullied them, for example, by threatening to leave them in a deserted area at night”).
It’s also worth pointing out that the domain of what is legally considered rape is one that has expanded substantially over time, and does not seem likely to stop expanding. As one example, raping one’s spouse was a contradiction in terms, legally speaking, until relatively recently even in the developed world. The criminalisation of spousal rape is generally seen as moral progress. Currently in most of the developed world you will only be charged with rape by deception if you mislead the victim about your identity or tell them to have sex with you for medical reasons (I guess that must have been way more of a problem than I would have guessed since it’s addressed specifically), but there seems no fundamental reason to single out those forms of deception.
Myself I agree with High Court Justice Elyakim Rubinstein of Israel who argued that it should be a crime if a “person does not tell the truth regarding critical matters to a reasonable woman, and as a result of misrepresentation she has sexual relations with him.” Currently many men believe that misleading women to obtain sex is “just how it is”, and that it’s not immoral to do so. I suspect that in the medium term this view will go the way of the view that spousal rape is “just how it is”.
“No, I never raped that woman. I did lie to her about certain matters, as a result of which she chose to have sex with me, but she was clearly unreasonable.”
“person does not tell the truth regarding critical matters to a reasonable woman, and as a result of misrepresentation she has sexual relations with him.”
First of all, how in the hell would you decide what is and isnt a critical matter. Its an appeal to authority of the most crazy kind. Now we cant even lie to protect ourselves for the reason that the law would always find in the favour of the plaintiff.
And what happens to omissions? Pretty soon we wont be able to have privacy atall, and instead, have state approved truths and security cameras on every street… but, we allready know that israel is a police state.
No amount of force results in logic. Science needs to hurry its ass and replace law.