Comment on Protesters denounce blockage of EU legislation defining rape as sex without consent

• themeatbridge@lemmy.world ⁨1⁩ ⁨year⁩ ago

  I understand what you’re trying to say, but the counter argument is that rape could occur through coercion or deception.

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  • IWantToFuckSpez@kbin.social ⁨1⁩ ⁨year⁩ ago

    Like stealthing

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    • gullible@kbin.social ⁨1⁩ ⁨year⁩ ago

      No clue what the sentence severity is, as compared to rape, but stealthing should probably be considered sexual assault rather than rape. In my jurisdiction, sentence length is identical for both but elsewhere it can vary.

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      • Lmaydev@programming.dev ⁨1⁩ ⁨year⁩ ago

        It’s unprotected sex without consent. Don’t see why it shouldn’t be rape.

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• ricecake@sh.itjust.works ⁨1⁩ ⁨year⁩ ago

  There’s the violence of “a wrong committed against a person’s body”, and there’s violence in the sense of “a direct application of physical force”.
  I think everyone here is in agreement that the second sense should not be considered a prerequisite for the first.

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• magnetosphere@kbin.social ⁨1⁩ ⁨year⁩ ago

  Yeah. That’s the only attitude that makes the French legal definition of rape tolerable.

  France, for instance, considers that rape can be considered to have occurred when “an act of sexual penetration or an oral-genital act is committed on a person, with violence, coercion, threat or surprise.”

  Far from ideal, but it leaves enough room for interpretation that a decent judge can work with it. Unfortunately, that same leeway can also allow a shitty judge to let scumbags off easy.

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• AnonTwo@kbin.social ⁨1⁩ ⁨year⁩ ago

  I think the problem is this is "legally defining"

  So a hot take just wouldn't hold up in court.

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