Friday, June 19, 2009
Assuming a bear shits in the woods...
While responding to PIB's comment on the previous post, another case came to mind:
Say, for example, there is a prostitute living in a land where prostitutes are legal. Not only does everyone in this land know that this woman is a prostitute, they ALSO know exactly what she charges for her services.
Case 1:
A man then intentionally rapes her. After raping her, he throws down the exact amount of money she would have charged had it been a consensual act.
OR
Case 2:
Same scenario, only this time the man isn't aware that he has raped the town whore until after he has raped her. BUT once he realizes who he has actually raped, he quickly throws down the exact amount of money she would normally charge for her services before running away.
It can't be stealing since the man has paid in either case, right? So, is it rape? Would it still be rape if she was on-duty at the time...or would that even matter? And is one case more morally wrong than the other?
Say, for example, there is a prostitute living in a land where prostitutes are legal. Not only does everyone in this land know that this woman is a prostitute, they ALSO know exactly what she charges for her services.
Case 1:
A man then intentionally rapes her. After raping her, he throws down the exact amount of money she would have charged had it been a consensual act.
OR
Case 2:
Same scenario, only this time the man isn't aware that he has raped the town whore until after he has raped her. BUT once he realizes who he has actually raped, he quickly throws down the exact amount of money she would normally charge for her services before running away.
It can't be stealing since the man has paid in either case, right? So, is it rape? Would it still be rape if she was on-duty at the time...or would that even matter? And is one case more morally wrong than the other?
# posted by The Runt @ 6:05 AM 
Comments:
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In my professional judgment, I'd say that it's clearly a case of rape in C1. If you say that the guy intentionally raped her, you can't then say that there was no rape. It's like saying I intentionally poured out the last of the milk but I didn't pour out any milk. That's the minor point. If you don't get the consent ahead of time, it doesn't matter that you could have gotten the consent if you did things differently. Same for C2. I guess I'd say that it's also stealing, but saying that it's stealing doesn't mean that it's not rape.
I don't know why I said 'In my professional opinion' since my profession isn't law.
C
I don't know why I said 'In my professional opinion' since my profession isn't law.
C
Ditto. Rape is rape, prostitute or not. Just because she was paid for the act does not make up for the fact that she was robbed of the ability to choose whether or not she wanted to have sex.
I realize I'm a little late commenting on this one, but here's an opinion from an actual lawyer: it's rape. If you have sex with someone without the person's consent, it's rape. We don't get to make moral judgments about someone and decide for ourselves whether or not he or she gets to say no.
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