Legal opinion needed: Can it be rape if she doesn't say "no"?

Question

The man hasn't ever physically abused her before, but he's a lot bigger than her, and his behavior at the time is very angry and not entirely rational, so she complies with his demands for sexual gratification out of fear. Can this be considered rape, or does it not count if she didn't actually say "no"?

Answer 1

If she truly didn't want to have s*x with him, then it was rape. He was emotionally forcing her into having s*x with him. The same thing happend to me when I was a child.

Answer 2

If he didn't threaten her and she didn't refuse or even resist then it won't stand up in court regardless of what she says she felt after the fact.

Answer 3

Absolutely.  There is no word that makes it a rape.  You've probably even heard the defense well she said no but she meant yes.  Victims do what they need to do to survive.  Sometimes even having to pretend enjoyment in an effort to create a relationship and survive the attack.  Children victims often put up no resistance and never say no.

That being said, it remains a difficult charge to prove.  The fact that she did survive and is resilent enough to face him down in a courtroom are good signs for long-term "winning" no matter the outcome.

Answer 4

It's rape.  He should be dong time.

Answer 5

YES it can be rape - it is rape unless she consents, and being frightened into compliance is not consent.

The way your state words its rape statute - and how the courts have interpreted that statute to date - will play a role in how successful prosecution might be.

But it does sound like a good case to me.  You'd have to prove that she was not consenting, which would involve proving that his behavior was such that she was reasonable in believing that if she didn't comply he would hurt her.  In other words, you'd have to convince a jury that he threatened her somehow, or that a reasonable person in her situation would have felt threatened.

Answer 6

If she consented (Did not refuse), it's not rape... My sister accused her boyfriend of rape, and hes currently serving 6 years. Many people do what she did. Have s*x, get pregnant, and then regret it and cover up their own mistake by calling it rape. And the answer to your guestion is NO IT IS NOT RAPE!

Answer 7

The exact wording of the law will vary by state, but in general yes it is still rape. He used fear and intimidation.