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Protesters denounce blockage of EU legislation defining rape as sex without consent
(www.euronews.com)
this post was submitted on 24 Nov 2023
76 points (98.7% liked)
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Hot take: Rape is violence, no matter what.
I understand what you're trying to say, but the counter argument is that rape could occur through coercion or deception.
Like stealthing
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.
It's unprotected sex without consent. Don't see why it shouldn't be rape.
I want you to picture a jury. You have to convince them that unprotected sex through subterfuge is specifically rape on top of convincing them that unprotected sex was had. Why not just skip a step, punish the same, and be done with it?
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.
I think the problem is this is "legally defining"
So a hot take just wouldn't hold up in court. This is about pushing it further than just a hot take.
Yeah. That’s the only attitude that makes the French legal definition of rape barely tolerable.
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.