Abortion and rape

[Cleon]

So an adult can be the victim of rape by a juvenile, if it can be demonstrated that one of the 2 types of force was employed.
Gender should not be an issue...if it would be rape for a juvenile male to force an adult, it should be rape for a juvenile female to force someone.

Theoretically, you're correct.

HOWEVER, it's frequently difficult to prove in court that a woman forcibly raped a man. Juries tend not to buy it, and IIRC judges require a really high burden of proof. (I'm not saying it's right, but that is the case.)

I can only imagine how difficult it would be to prove that a 14-year-old girl forcibly raped a 40-year-old man...

 

[Seismosaurus]

Theoretically, you're correct.

HOWEVER, it's frequently difficult to prove in court that a woman forcibly raped a man. Juries tend not to buy it, and IIRC judges require a really high burden of proof. (I'm not saying it's right, but that is the case.)

I can only imagine how difficult it would be to prove that a 14-year-old girl forcibly raped a 40-year-old man...

Personally I find it hard to believe that any woman can rape any man in an "overpower him and force herself on him" sort of a way.

But I suppose drugs might be used, or a weapon, or blackmail.

 

[crimresearch]

I'm saddened that people in this day and age still seem to have the impression that rape is merely a variant of intercourse.

 

[Cleon]

I'm saddened that people in this day and age still seem to have the impression that rape is merely a variant of intercourse.

True. Rape is an expression of power, no more so than with pedophilia.

 

[Seismosaurus]

I'm saddened that people in this day and age still seem to have the impression that rape is merely a variant of intercourse.

As I understand it that's exactly what the law says rape is. Intercourse carried out forcibly or under threat.

 

[Gwyn ap Nudd]

I'm curious... what happens if a 14 year old girl actually physically forces sex on a 30 year old guy? Is he still guilty of rape, "cut, done, end of discussion"?

I accept there may be practical difficulties with this scenario but supposing these are overcome, what does the law have to say about that?

It seems that the previous answers to this question missed the point that he was asking if the man would still be guilty of rape.

In most states, yes he would. When the basis of the rape charge is the age of the victim ("statutory rape") regardless of whether there was consent, the liability is absolute. This is one of the few crimes that does not require that the state prove intent. Or even knowlege -- if she (or he in the case where the male is the minor) looks eighteen, claims to be eighteen, has false ID, etc. the partner is still guilty.

 

[Seismosaurus]

It seems that the previous answers to this question missed the point that he was asking if the man would still be guilty of rape.

In most states, yes he would. When the basis of the rape charge is the age of the victim ("statutory rape") regardless of whether there was consent, the liability is absolute. This is one of the few crimes that does not require that the state prove intent. Or even knowlege -- if she (or he in the case where the male is the minor) looks eighteen, claims to be eighteen, has false ID, etc. the partner is still guilty.

That's rather unjust, wouldn't you say? Penalising somebody for being the victim of an assault?

 

[Tanja]

I am not American. I have friends from my country who are now married, but who started dating when the girl was 14 and the boy was 18. They adore each other and got married and went to live in the States where she is now pursuing her very successful academic career. So if their relationship started in the States, he would now be a registered sex offender? That is ridiculous.

Edited to add: I also knew a couple who eventually got married in their late twenties, but who started dating when they were both 14. So why would the man, or either of them, be guilty of anything in this case?