38
MenuWallOpinions
Articles

Sex with married woman was consensual - Alleged 'rapist' radio presenter tells police

Read Article

Comment: Re: Sex with married woman...consensual

Author:
Maka a maka.
Date:
2018-02-02 10:53:13
Comment to:
Re: Sex with married woman was consensual - Allege

Rape occurs when a man has sexual intercourse with a woman without her consent. It's not a condition that the woman must be in a state of shock, or suffer an emotional breakdown. Indeed, even the absence of resistance on the part of the woman doesn't necessarily negate rape - though it may strengthen the defence against the rape charge. However, a woman may not resist, because she concludes that in the face of overpowering force, or threat of harm, resistance is futile. In such a situation, she submits, but does not consent to sexual intercourse. Thus while a woman in consensual sexual intercourse always submits to the man, a rape victim may submit in the face of force or threat of harm, without necessarily consenting. The emphasis placed on the need for a woman's consent is demonstrated by a court decision in a certain jurisdiction, where it was held that, a woman who has consented to sexual intercourse may request the man to discontinue in the course of the act: should the man refuse to discontinue, rape is committed from the moment the woman requested him to discontinue and thereby withdrew her consent. To turn to the current case, if a woman accepts an invitation from a man to enter a radio station, she has no expectation of sexual intercourse, and; the man has no right to expect that her acceptance of the invitation means that she has consented to have sexual intercourse with him. The problem with the woman's rape allegation however, is that, she reported it a week after it took place. An incidence of rape should be reported immediately, or as soon as a possible, after the act, in order to avoid obliterating forensic evidence related to the rape: such as evidence of penetration and the sample of semen for DNA purposes. Reporting the alleged rape after a week may prove fatal to the case of the prosecution. The man should have denied that sexual intercourse took place at all, instead of claiming consensual sex. The prosecution would not proceed with the case without forensic evidence to prove sexual assault, which would be non existent a week after the alleged rape.

This article is closed for comments.

Maka a maka. on Feb 2, 10:53
Re: Sex with married woman...consensual