Marlboroman82 wrote:
Uzique wrote:
jord wrote:
If you start having consensual sex and then She wants stop but you carry on?
Not for me, for my friend...
I'm a law undergraduate, so here's your officially-correct answer : P.
In the UK, sexual intercourse in rape is treated as a 'continuing act', so that there can be liability for what might have appeared to be an omission (legal term for 'failure to act'). As decided by the doctrine of judicial precedence (earlier cases make the law for all later examples), the Privy Council has ruled previously that if a victim consented to penetration, but after penetrated they ceased to give their consent (in other words, the victim wanted to stop), a man would be committing rape if he did not comply and withdraw.
Summary: A definite 'yes', if it can be proven of course!
any good lawyer would rip that to shreds
Any law can be 'ripped to shreds' in a court-room environment, where the adversarial process basically boils down to a battle of witness presentation, clever theatrical dramatics and jury swaying. Besides, lawyers are nothing but egos with an agenda, dressed up in official suits. No law is 'concrete' either-- if a case arises where that precedence will create an absurd result, then our 'Supreme Court' will effectively denounce or digress from the first ruling.
(If I've misinterpreted your post, and you were talking about my explanation of consent & rape, then I do apologize for not trying a little harder to utterly baffle the OP with long esoteric Latin terminologies and references to obscure statutes and cases. Wasn't aware I had to post to impress around here.)
Thanks for the great insight though!
Last edited by Uzique (2008-01-18 09:59:57)