This is discussion archived from a time before the current discussion method was installed.
Working Title: Iron Gentleman: From YKTTW
nobody: It happened in Ayashi no Ceres, once Aya's boyfriend ran out on her she turned to Beta Guy to try to forget him, but Beta Guy (who had been lusting after her all series) turned her down because it just wouldn't be right. Can anyone supply the names of the characters so I can add it?
Nornagest: I hesitate to get involved in such a hot-button issue, because there's a decent chance of it devolving into a flame war or getting me branded a misogynist, but the following is inaccurate:
- Also note that if the character had slept with the girl, in most cases would be technically rape. The basic human decency to not rape a woman should really be the neutral state; that varies.
Section 2242 of the US Code states the following:
- Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly -(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or(2) engages in a sexual act with another person if that other person is -(A) incapable of appraising the nature of the conduct; or(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both.
(There's also an "aggravated sexual assault" law, which covers violent assault, forced unconsciousness, and threats of death and serious injury, but that's irrelevant here.)
As this shows, the situation we're talking about — one participant gets trashed and comes on to another person — cannot accurately result in a federal conviction of rape for the person being hit on. There is no violence and no threats involved, and the more aggressive party, by virtue of initiating sex, must be aware of the nature of their actions (if not necessarily their consequences) and be physically capable of declining. Alcohol is frequently involved in rape cases, but usually when one party is pretty much dead to the world — either completely passed out, or minimally conscious and in no state to communicate effectively.
State laws might have a different opinion on the matter, though (although California's, given in California Penal Code 261, are similar), and I don't know anything about non-US jurisprudence — so I'm not pulling the comment. But this is enough to make me doubt it.
White Rose Duelist: I'm with Nornagest. That paragraph needs to be seriously rewritten, if not outright removed. Not every instance where a guy takes advantage of a woman is rape, unless you're in a Lifetime Movie of the Week.
(Also, I thought statutory rape (the adjective was added after the quote taken above) had everything to do with age. What the poster was attempting to describe is rape (no modifiers).
