:confused:My question involves criminal law for the state of: Indiana, my question is- I had an encounter with a man, at first I was ok with what he was doing- then as the passion got intense he totally changed and was very aggressive, pressing on my chest- I freaked out then he began choking me I said no don't I don't like this don't by then I was about to pass out from lack of air- I just want to know I asked him to stop- but I had went in willing-and let him touch me????
What is Rape
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08-27-2009, 06:48 AMupset2008What is Rape
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08-28-2009, 08:38 AMPandorasBoxRe: What is Rape
This one is a big iffy.
First, you did consent to sex, right?
What did you say "No" to? Just the choking? Or to the entire act?
I'd talk to a lawyer asap, get their opinion. If it was rape, you are probably too late to press charges, as you've likely urinated and/or washed since then (eliminating evidence).
I'd be more careful in the future of whom you sleep with, make sure you really know this person, and communicate what you like and don't like beforehand. -
08-28-2009, 10:49 AMnite_riderusaRe: What is Rape
No means no but the problem the courts would have is when excatly did you say no. If you said no before the act of intercourse and he violated you anyway, that would be rape. Contact your local police department and file a report.
You can kiss a person, even pet heavily and not want intercourse. If it is forced upon you, it is rape. -
08-28-2009, 11:58 AMMr. KnowitallRe: What is Rape
Pandora, you're way out of your depths on this one. When people are asking about civil demands, it's one thing to talk off the top of your head, but it's best not to give speculative answers on questions like this one.
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08-28-2009, 03:48 PMcyjeffRe: What is Rape
There is nothing iffy here.
Call the police. -
08-29-2009, 06:32 PMPandorasBoxRe: What is Rape
No one was answering, so I tried to help.
The big issue is what she said NO to - the sex, or the choking?
And I did advise her to talk to a lawyer.
One last thing: If you have the opportunity to take a womens Self Defense Course - do so. -
08-30-2009, 08:44 AMcyjeffRe: What is RapeThe victim does not have to debate the finer points of "STOP". No means no... period.Quote:
Quoting PandorasBox
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08-30-2009, 10:25 AMcbgRe: What is RapeNo, that is not what the big issue is. The big issue is that she said no. Period.Quote:
Quoting PandorasBox
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08-30-2009, 12:35 PMPandorasBoxRe: What is Rape
I am just wondering what she said NO to?
If it was to the sex....yes, that is rape.
If she said no to the choking, that's another issue. Yes, probably criminal as well.
Was it consensual sex that got out of hand? Or was it rape?
The whole thing is best settled with talking to a lawyer. If she has marks from the choking, she should get it photographed asap. If she tried to fight, she needs to get scrapings from her fingernails asap. And file a report, talk to a lawyer, asap.
Remember, once you urinate or shower....a lot of evidence is gone.
Believe me, I don't wish it on anyone.
And a respectful gentleman would have been concerned and stopped.
I'm thinking from the perspective of (1) Someone who has been raped by her fiance, he liked it kinky, I did not. (2) The cops, the defense are going to ask the same question. -
08-30-2009, 12:39 PMcdwjavaRe: What is Rape
Not having evidence does not prevent one from making the report.
Sadly, without evidence, absent a confession or some other damning evidence, prosecution will not be likely. Even in the BEST of circumstances, a date rape scenario is nearly impossible to make a rape case out of. It might be easier to make an assault case for the choking and such as he might admit to doing that far easier than he will admit to forcing sex. In similar sorts of cases, we have often been forced to search for the lesser and related offenses over the rape charge because of the burden of proof.
- Carl -
08-30-2009, 01:16 PMcbgRe: What is RapeSweetheart, even if she initially said yes to the sex, if she changes her mind at any point prior to penentration and says no, then it's still rape. It DOES NOT MATTER if she was saying no to the sex or the choking - SHE SAID NO.Quote:
Quoting PandorasBox
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08-31-2009, 08:02 AMPandorasBoxRe: What is Rape
That's my question: Did she say no to sex prior to penetration or after? When did the choking start - before penetration or after? I am aware that some people like to start choking or pulling hair AFTER penetration. That's when there is a difference between rape and consensual sex that got out of hand.
What did she say NO to?
- The sex before penetration?? (rape)
- The sex after penetration? (iffy)
- When did the choking start? Before or after penetration?
- Did she say NO to the sex (rape). Or the Choking (assault?).
These are questions she will have to answer to the police, and also in court. -
09-01-2009, 02:17 PMupset2008Re: What is Rape
Thank you for all the help- I said no when he penetrated me and began choking me
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09-01-2009, 05:39 PMKeyWestDanRe: What is Rape
Pandora's Box might be a frequency poster, but this person is clueless.
None of those questions matter. If the woman says to stop, the man has to stop. To continue after that point is rape. Plain and simple. If choking is also involved then I would say that is definitely an aggravating factor of the rape and would enhance the penalty.
It does not matter if it is a first date, in a relationship or marriage. It is still rape. Period. End of story. Do not pass go. Go directly to jail.