In another thread it is being discussed about the behavior of Kobe's accuser and whether her sexual history is relevent. To take this to an extreme, and not to infer in anyway that she is a prostitute, if we believe no means no, and history means nothing, is it possible for prostitute, while working, to be raped?

Could the fact she was working as a prostitute be used by the defense? Do you think the rapist could be convicted?

Everywhere but Nevada it should be considered not to be rape, but if prostitution is legal then it should be rape

Could the fact she was working as a prostitute be used by the defense? Do you think the rapist could be convicted?

Would it be used by the defense: yes.

Should it, no.

Rape is about consent.

 

Will the rapist be convicted. No, probably not. They have a low conviction rate anyway.

Everywhere but Nevada it should be considered not to be rape, but if prostitution is legal then it should be rape

 

I think I understand what you are saying. If she is committing illegal prostitution she has forfeited her right to be protected by the rape laws. If what she is doing is legal, then she should be protected by the law.

 

That is interesting. Kind of like the guy who called police when someone robbed him of his marijuana at gun point. Since he was engaged in an illegal act, the police were not going to help him.

Would it be used by the defense: yes.

Should it, no.

Rape is about consent.

 

Will the rapist be convicted. No, probably not. They have a low conviction rate anyway.

Would it be rape if instead of paying her the agreed upon price, he paid her $0.01?

 

I think I understand what you are saying. If she is committing illegal prostitution she has forfeited her right to be protected by the rape laws. If what she is doing is legal, then she should be protected by the law.

 

That is interesting. Kind of like the guy who called police when someone robbed him of his marijuana at gun point. Since he was engaged in an illegal act, the police were not going to help him.

All rapes are terrible and unhuman, but that is what comes with that profession. I don't know what evidence a jury would have to go by since this women was unlawfully selling herself. Anyway i don't even know what i'm saying i've got to get to class

I think I understand what you are saying. If she is committing illegal prostitution she has forfeited her right to be protected by the rape laws. If what she is doing is legal, then she should be protected by the law.

Interesting point...I've never seen anything like that legally. But if you are breaking the law by being a minor and are drinking (of your own volition--not being forced to drink) and then are raped while drunk--you will not get a "minor" if you report. Instead, the greater crime is rape and that takes precedence. Just something to think about--two wrongs don't make a right--but neither does it mean you should have to pay for someone else's crime.

Anyway i don't even know what i'm saying i've got to get to class

Good plan....

That's a tough one. If she offers to give the money back, it's definitely rape. If I give a salesman money for a car, then he decides not to give me the keys, do I have the legal right to hotwire the car and drive off with it?

 

Actually, I would have to say just the opposite of the Nevada point. In Nevada, it would be a legal and recognized transaction, therefore she has to give what was paid for. Any place else, a prostitution payment would not be legally recognized, so it would be rape. Of course, good luck proving it was forcible sex. That is what I'd imagine.

Before I get jumped on, I'm not advocating rape!! I'm thinking strictly in terms of a business transaction.

That's a tough one. If she offers to give the money back, it's definitely rape. If I give a salesman money for a car, then he decides not to give me the keys, do I have the legal right to hotwire the car and drive off with it?

 

Actually, I would have to say just the opposite of the Nevada point. In Nevada, it would be a legal and recognized transaction, therefore she has to give what was paid for. Any place else, a prostitution payment would not be legally recognized, so it would be rape. Of course, good luck proving it was forcible sex. That is what I'd imagine.

Actually yes. If you have proof of purchase - referring to the car comment - (title with name change, receipt, etc) you call the cops, they will either force the guy to hand over the keys and if he doesn't, take him/her away for car theft.

 

Brian has sold and bought enough cars so we've had to make sure we understand our rights just in case a something happens with a purchase (like what happened a year ago).

That's a tough one. If she offers to give the money back, it's definitely rape. If I give a salesman money for a car, then he decides not to give me the keys, do I have the legal right to hotwire the car and drive off with it?

 

Actually, I would have to say just the opposite of the Nevada point. In Nevada, it would be a legal and recognized transaction, therefore she has to give what was paid for. Any place else, a prostitution payment would not be legally recognized, so it would be rape. Of course, good luck proving it was forcible sex. That is what I'd imagine.

Situation A: Wouldn't you be stealing your own car?

 

I guess the scenario I'm thinking is a prostitute who doesn't get paid. Perhaps she heads off to a motel to work out the details of the transaction and once inside is forced to have sex. Would tossing her a $1 make a difference?(sorry ladies I can't think of another way to state the question) For example, if she agreed to a BJ for $20 and then the customer forced her to have intercourse, would it be rape? Of course we would then have to debate what "sex" is.

Situation A: Wouldn't you be stealing your own car?

 

I guess the scenario I'm thinking is a prostitute who doesn't get paid. Perhaps she heads off to a motel to work out the details of the transaction and once inside is forced to have sex. Would tossing her a $1 make a difference?(sorry ladies I can't think of another way to state the question) For example, if she agreed to a BJ for $20 and then the customer forced her to have intercourse, would it be rape? Of course we would then have to debate what "sex" is.

I thought so too. Was kinda getting at taking the sex the way you'd take the car. I wouldn't do it personally, but...

Yes...she (or he) can be raped...but I think it goes further than someone saying they were actually raped.