What is consent, and what is rape?

Question

What other than being under the influence of a drug or alcohol negates consent. How about if you are tricked,or if he asked many times before and had said no but eventually gave in, or if he knew of your emotional instability! Are alcohol and age the only factors. i heard another person answer that fraud and trickery isn't a negation. So your emotionally unstable you call up your x and you want to talk about problems with your family because you are still on talking terms. so eventually he starts hinting at having s*x, you say no and he keeps asking.. and then he throws in he will come back and be with you but only if you have s*x.... you still say no and the next time your really depressed and you call him up just to talk but because your so emotionally unstable and he knows it and he is helping me cope with my problems and he says he will take me back and sound sincere, and he has been pressuring me. what is this called consent when he decides nah I'm not getting back together with you instead I'm going to try and date your best friend. i was told by a man who came in to have a talk with students that trickery, pressure, and some other forms of manipulation can negate s*x. i would just like the the laws that say this. i dont want opinions... if you could give me PA law and CT even federal law that would be great.

Answer 1

Why would being drunk negate consent? It is your choice to get legless and you and you alone are responsible for your subsequent actions.

Your bf pressured you to have s*x, you yielded voluntarily. How could you call it rape?

Sorry for not being more sympathetic, but your rant sounds like a worst nightmare for any guy.

Answer 2

How about a dose of common sense instead of the law? Dump him. Don't talk to him. If anyone hints for s*x, stay away. Does wonders for depression, too. DePRESSion comes from PRESSure.

Answer 3

When either you hear STOP or NO, after that it's rape. If nothing is said (without drugs involved) then that could be deemed consent.

Answer 4

Negation is saying No.

Negation is not saying yes after saying no a zillion times.  After all, the woman still has the opportunity to say no.  As to manipulation, we all know that trying to get a person to have s*x is all about manipulation.  It's a game even married couples play all the time.  If the woman says no and the man will not accept that but goes and has s*x with her, that is clearly rape.

Answer 5

PA law-  You are over 18 and agreed to have s*x with a man.  That is consent.  Now you are sorry you did this.  That is regret.  You can't penalize him for your mistakes.  You have no grounds for any type of legal action.

Answer 6

Tell him to go and jerk himself off if he is that hard up for s*x...why put yourself in a situation of a guy that is begging like a dog at dinner table...come on girls...that ploy of how this would elevate the relationship, or bring you closer...is just means to got into your panties...simple as that...that's why God gave him 2 hands...he can switch to another hand.  

Don't give in and give up your principles...believe me...next time this year, you will be nothing than a memory for another fantasy, cus your better than that, and you are more deserving...seek a true gentleman, and stop with the compromise of yourself...Once it's gone, there is no getting it back.

Answer 7

Laws can be argued many ways and you would have to look at case laws to determine which way things lean and judges and juries make different determinations all the time so there is usually no clear answer.

For a minor under a statutory age - depends on states, there is no consent.  For people with mental disabilities, there may be no consent.

For adults, to say yes and to agree ot have s*x is generally consent and so a woman would  have to show and prove that there was manipulation or coersion  If a woman were told that if she didn't agree that she would be killed or a child killed or harmed and then agreed, that is coersion and there would be no consent.

Used to be if a guy said he'd marry her and she agreed, he would be held to the marriage, but not anymore.

If you were agreeing to s*x because he wanted you bac or told you he did, and you agreed to  have s*x, then you would have a hard time proving rape. You would have the burden of proving that it was not consent or that you were promised certain things to have s*x.  And it can't be money as that would be prostitution.

When you called him and then you agreed to s*x, I don't think it could be rape.  You took the first step and you knew he wanted s*x.  I'm assuming you had s*x ith him before, too, so you were not a virgin and not tricked that way or manipulated by promises.

If you were pregnant from the encounter,  you can get child support.  Just being depressed is not going to show you lacked an ability to consent unless you are so disabled as to be incompetent and he knows it.

I think  you just trusted the wrong guy and he is a jerk and you should not be tricked by him again.  

If he did not listen to your "no" and forced you, then it is rape.  

As to alcohol, I am not sure the diminished capacity would help you as he would likely be drinking too. Now if he put something in your drink like the date-rape drugs, there is no consent as you can't consent as  you are helpless and it is rape.  I don't know if there would be an arguemnt if he intentionally got you drunk to take advantage of you. But if  you went along with it, and did not say no, then I'd not think you had much of a chance.

You need to stay as far fromt his guy as  you can. Good luck to  you in making better choices of men friends in the future.  I am not an attorney so  you could see one, but it doens't sound like you have much of a case as you would have to prove that your concent was not concent at all.  Not an easy proof.