Can a prostitute who agreed to sell sex claim rape? - Politics Forum.org | PoFo

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Crime and prevention thereof. Loopholes, grey areas and the letter of the law.
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#14950477
Ok this is an interesting question about law, especially in this rape culture age that we're in now.

For me the answer is obviously YES, although I'm pretty sure there are going to be some people who disagree.

Even if she agrees to sell sex, the man could sexually assault her in a way that is too violent or aggressive for her liking. She could be scared and alarmed and yell at him to stop but the guy could keep going.

So say he responds to an ad on the backpages, they agree to meet at a place, say $200 an hour for sex...Does that mean the guy is allowed to fuck her any way he wants to? Does he have to exhibit some restraint or is the girl technically his sex slave for the next hour?
#14950479
The parameters of your example are a bit simplistic;

So:

Q. was the sort of sex agreed to between man and prostitute stipulated?

If not, and it was presumed as open-ended, so long as it does not violate the NAP and can still be regarded as a specifically sexual act that does not rise to level of bodily harm, then it was not rape IMO.

If the type of sex was stipulated in the agreement, then both parties were bound by the contract to honor its terms; hence, she must allow him to do what she permitted and he must not do what the agreement prohibited.

Its that simple.
#14950495
Everyone deserves respect, and that includes women of the night.

If a man is so inclined to participate in that sort of debauchery, he ought to reciprocate respect.

As a boxing fien, I can refer the case of Ike Ibeabuchi.

He was the only man to knock out Chris Byrd, and he beat Dave Tua in his prime.

Then, he called a prostitute into his Las Vegas hotel room, and raped her in a way as you describe.

He's still in prison for that, and it's been a lot of years.

Periodically when he'd come up for parole hearings the boxing world would light up, hoping for Ike to come back. But his parole has always been denied, and eventually he got too old and everyone lost interest. He's now in his 40s, and still locked up.
#14950534
Agent Steel wrote:Even if she agrees to sell sex, the man could sexually assault her in a way that is too violent or aggressive for her liking. She could be scared and alarmed and yell at him to stop but the guy could keep going.


This happens all the time to prostituted women. It's not unheard of that they're killed doing this so-called job.



snapdragon wrote:She can withdraw consent at any time. Buyer beware.


I would consider it consent if it wasn't coerced. :hmm:
#14957665
If to go by traditional definition of rape that makes sense: That is sex which has been not consented by the other party. Then prostitutes who agrees to sex for money can not be raped. This whole thing that consent can be withdrawn during sex is nothing but nonsense.

With that said prostitutes and women can be abused and assaulted during sex, but that is not rape. Prostitutes are also most vulnerable in this regard as they initiate sex with strangers. Cases where a woman is abused during consensual sex should be treated as assault and battery not as cases of rape.
#14957676
No general definition should be made. Case by case basis. Jury is instructed they do not need to adhere to strict legal definition of rape.
It is a whole different case between her changing her mind after she got the money, and him raping her with a toilet plunger. It’s not like they charge you after you are satisfied with the service. :)
#14957690
One Degree wrote:No general definition should be made. Case by case basis. Jury is instructed they do not need to adhere to strict legal definition of rape.
It is a whole different case between her changing her mind after she got the money, and him raping her with a toilet plunger. It’s not like they charge you after you are satisfied with the service. :)
The whole plunger example; can not that be just treated as psychical assault with an object or something, during sex? It would be hard to determine though, how do you know she did not consent for the plunger?
#14957704
A case by case basis will hopefully discourage the frivolous claims. They don’t want to go to court usually. They want a quick settlement. In an ‘iffy’ relationship, I think this might be the best deterrent leaving only cases with probable merit. The current definition of rape is not suitable and we should not make laws for specific groups. That is discrimination and a pandora’ Box.
#14957714
Rancid wrote:I'm going to say yes.

If the sex goes beyond what was agreed to, then obviously yes.

If someone pays and agrees to a blowjob, then forces their way into some other kind of sex, that's certainly rape.
Is a blowjob not sex then? See where it gets all confusing. Because in a sense that is a sexual act and can be constituted as sexual assault if forced.

But anyhow yes, I agree with you if one forces form kissing or blowjob to sex then that is rape.

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