Posted on 03/05/2021 1:31:50 PM PST by Stravinsky
Imagine the following hypothetical situation: Frank and Ellen meet at a night course and end up getting drinks together after class several times. The drinks start to feel like dates, so Ellen asks Frank if he is married, making it clear that adultery is a deal-breaker for her. Frank is married, but he lies and says he is single. The two go to bed. Is Frank guilty of rape?
To most people, even those who consider Frank a dishonorable creep, the answer is clearly no. The law agrees: In most American jurisdictions, Frank is not liable for any tort or crime, let alone something as serious as sexual assault.
But why? This question has been a source of contention among legal experts for decades, ever since the law professor Susan Estrich argued that the law of rape should prohibit fraud to procure sex, just as the law of theft prohibits fraud to secure money. Ellen did not consent to have sex with a married man, the argument goes, so the sex she had with Frank was not consensual.
To many feminist legal scholars, the law’s failure to regard sexual fraud as a crime — when fraud elsewhere, such as fraud in business transactions, is taken to invalidate legal consent — shows that we are still beholden to an antiquated notion that rape is primarily a crime of force committed against a chaste, protesting victim, rather than primarily a violation of the right to control access to one’s body on one’s own terms.
(Excerpt) Read more at nytimes.com ...
Lord I am glad I have been married to the same woman for over 35 years and don’t have to deal with this crap. My wife and I have an understanding. I don’t date other women and she doesn’t kill me in my sleep and bury me in our pasture.
She says “Baby, you are the only one for me”
“I’ve never done that before”
“You’re the first”
“No one has ever made me feel like that”
etc.
One of the great rock and roll songs!
Let’s take no chances and execute both of them.
What if he tells her he loves her just to get her in the sack? The feminazis would probably call that rape too.
False advertising is false advertising.
= = =
How about Falsie advertising?
The military used to teach soldiers if you take advantage of someone who has been drinking it’s rape.
= = =
So you attack an enemy post where they have been drinking.
As John “Nam” Kerry would say, we raped them all.
Or...
add this hook...Ellen was Edward and doesn’t tell Frank...
were so traumatized by the question that it affected their performance on the test and demanded a higher grade.
= = =
Did it affect their performance in other areas?
. . . that might influence their grade?
Let me draw an analogy:
When you enter into a contract YOU MUST HAVE(consider the sex a verbal contract for demonstration purposes)...
🅞🅕🅕🅔🅡
A: I would like to build your website
and grow your business
【Vs】
B: I would like have sexual
relationship with you and provide a
“fun” time
🅐🅒🅒🅔🅟🅣🅐🅝🅒🅔
“Acceptance of the offer must be unconditional. and it must be communicated. Any negotiations between the parties are counter-offers, not acceptance.”
A: OK. Sounds good
🇺 🇸
OK but I would like my own domain
not a link from another outlet. I
don't want others linked to my
business's and need this done by
xyz time. These both impact my
decision
【Vs】
B: Sure. My room is just upstairs
🇺 🇸
I'm in but first I want to make
sure you aren't married and don't
have any stds. Both of these
things impact my decision.
Staying silent is not generally considered acceptance, unless it is clear that acceptance was intended (eg by way of conduct, like paying for a product)..... ➡️This is like sex in an obvious manner!
🅒🅐🅟🅐🅒🅘🅣🅨
All parties must have the ability to understand the terms of and any obligations under the contract. Also, consent to the contract must be freely given (ex there cannot be any coercion/force, fraud, undue influence, or misrepresentation).
These type of people generally lack the capacity to enter into contracts:
children under 18 - unless the contract is for necessities (food and clothing) or education (an apprenticeship or employment contract) and the terms are fair and benefit the child
people suffering from mental health conditions or under the influence of drugs and/or alcohol - only if the condition affects the person's ability to understand the nature of the transaction or if the other party is aware of their incapacity
If a person lacking capacity has entered into a contract, it will generally be up to that person to decide if they want to invalidate the contract.
➡️ All same applied to sexual relationships with exception of fraud
https://www.rocketlawyer.com/gb/en/quick-guides/how-to-form-a-valid-contract
🚩Now that being said 🚩
1️⃣ I recognize sex is NOT a contract. A woman can and should be able to change her mind at any point and not repay the man for the dinner, drinks, etc. Sex is lacking the other elements of contractual obligations. This was merely to demonstrate that lies and deceit are an issue in every aspect of our lives and how we handle them judicially.
2️⃣: ⚠️ I 🄳🄾 🅽🅾🆃 think the example given in OP can be considered rape!!!! She should have taken the time to know the man if she was the serious about her moral stand. Research like you would when buying a home! Do a damn inspection before investing! (again not saying it is like this but to draw analogy)
✅ 🅘 🅓🅞 🅣🅗🅘🅝🅚:
This should be considered fraud and an instance where the effected party should be able to sue for such.
That’s a hilarious song.
People are still trying to figure out the meaning of the above.
= = =
“’Scuse me, while I kiss this guy”
👍This is why it should not be considered a criminal offense but rather a legitimate civil case as described in my previously posted reply
Yes but it is a civil issue not criminal
“Scuse me, while I kiss this guy”
I always thought that Jimi was saying “Scuse me, while I kiss the sky”.
Damn, ruins the song! Or, perhaps the Left is changing the wording on us.
You are a little behind this issue.
Even Homer Simpson has explored this lyric.
The marital status of either party is immaterial since there was no implied guarantee that impulsive sex of two casually known individuals, ie. a one-night stand, would result in an intimate relationship beyond that first encounter. When you play the Devil’s game of ‘sexual equality’ and lust, don’t be surprised if the devil has some tricks in store for you. One cannot be a harlot on Monday and a ‘violated little lady’ on Wednesday if a one-night stand with a stranger on Monday doesn’t result in a relationship. Pick one and take personal responsibility for the choice.
Sex is not a business deal. (Usually) If you are a hooker or a john it is a different thing of course but in the context the author is putting it sex is not a business transaction.
Sex is a favor.
And a favor falls under very different heading then a business contract.
If I am asked by you to bring a salad to the neighborhood Barbecue and I do not you have no cause of legal action against me. It was a favor.
If I am a cater and you pay me to bring a salad to a the neighborhood Barbecue and I do not you do have a cause of legal action against me. It was a business contract.
so Frank is in a 3-some and don’t know it...
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