Rape victim asked by judge if she tried 'closing her legs'

[Tennis]

And Tennisace's thinly veiled misogyny is showing again.

You've lost me...Don't just make rude accusations.

[phillys]

By definition, yes she was raped. But you shouldn't charge the husband with a crime in that very specific instance.

no, actually, that is NOT rape by any definition. You actually have to say to stop. If you do say to stop, and they keep going, then yes, that is rape. I'm not saying that a woman won't regret it, or have negative feelings, and there are counsellors for dealing with that, but it's not rape, nor is it criminal. The only times when you can consent and engage in it but that consent is not recognized under the law is if you're underage. If you've been KO'd by a drug or something, or have been beaten into submission then that consent is not recognized that then the guy can be charged. And no doubt there are other exceptions I haven't listed. But changing your mind and then not telling them or indicating that you've changed your mind isn't one of them.

[Xanjori]

When you don't have to resist for it to be rape, all sex can be rape. Even sex you consent to all the way through.

It's really simple.

Do both parties consent to sex. Yes? Good. No? Then one party has been raped.

There is literally no other requirement or strange shit going on here. If you don't consent, and don't resist then sure it makes it harder for a jury to decide, because they don't really have anything else to work on other than word of mouth, but that doesn't change the fact you can still be raped without offering any resistance other than "No I don't want to."

[Krille]

How could that be rape. It's her husband.

The majority of rapes are committed by someone close to you, either a boyfriend, friend, husband etc. Being raped outside randomly almost never happens.

[Mehrunes]

"...and all your female organs?"

What does that even mean?

Was thinking the same thing. How does a woman close her ovaries for example? The judge is an idiot if it is true. Though as someone noted, the "all female organs" part could have been a translation errors. But just the legs part makes it a stupid question.

[Phookah]

Not in every situation, but the the majority of cases...yes you do.

Actually you don't. Like, literally ever.
If I say no and then lie there and you stick it to me, even if I don't resist, its rape. I said no. You continued.
Obviously someone trying to go against your will usually causes some kind of a fight or resistance, but sometimes it doesn't.
Maybe they're afraid the person forcing them might kill them or worse.

[Xanjori]

Yes. In the real world people resist unwanted physical advances. If I walked up to you in a bar and said "I'm gonna stick my dick in your mouth" and began to lower your head to my crotch, are you just going to comply?

In the real world shit like you just made up doesn't happen.

One famous case here was a woman that was raped, resisted and was half-beaten to death. Several years later she was raped again but this time didn't fight back, because presumably she didn't fancy being half-beaten to death again. The second rapist was let off because she didn't fight back though. But uh you know, that totally didn't happen in the "real world," right?

[Tennis]

The majority of rapes are committed by someone close to you, either a boyfriend, friend, husband etc. Being raped outside randomly almost never happens.

I agree with most of that. A lot of the time it's an acquaintance or relative.
Women need to be careful even with those close to them.

[Dextroden]

It's really simple.

Do both parties consent to sex. Yes? Good. No? Then one party has been raped.

There is literally no other requirement or strange shit going on here. If you don't consent, and don't resist then sure it makes it harder for a jury to decide, because they don't really have anything else to work on other than word of mouth, but that doesn't change the fact you can still be raped without offering any resistance other than "No I don't want to."

But saying "No I don't want to" is a clear verbal sign of not wanting it. That counts as resistance to me.

[lonely zergling]

Beyond finding this offensive (which should be pretty much a fact, if you don't find this offensive, something is wrong with you) I would love for that female judge to explain to me how a woman can close her sexual organs???
I mean, asking if she clearly withdrew consent would be perfectly OK (and required for any conviction) but really this is . . . ridiculous at best. Suspend her and send that judge to sensitivity training

It's important to know if she resisted or not... if she resisted it means the alleged rapist had to use force. Why shouldnt you tell the whole story in a courtroom..?

[Krille]

I agree with most of that. A lot of the time it's an acquaintance or relative.
Women need to be careful even with those close to them.

Women should be more afraid of her relatives and close ones if you're going by statistics. Know ur partner and all that jazz, it's actually serious.

[Xanjori]

But saying "No I don't want to" is a clear verbal sign of not wanting it. That counts as resistance to me.

Well as you can see here

It's important to know if she resisted or not... if she resisted it means the alleged rapist had to use force. Why shouldnt you tell the whole story in a courtroom..?

Apparently resistance is all physical.

[Kathandira]

In case anyone has any confusion about consent.

[lonely zergling]

Apparently resistance is all physical.

No it's not, but why not answer to the judges questions when you are in a courtroom. The judge can't know what happend, he wants to know how it happend.

[Stacyrect]

Not consenting=/=not resisting.

If you say no, and they go ahead, it's rape. You don't have to engage in a fight first.

So who's to say she said yes and it was consensual and later she felt guilty about it and said it was rape? Defensive wounds/injuries are worth 100x more in evidentiary value then any yuppy shit a woman could say. I think the judge asked a fair and honest question.

[Tennis]

Women should be more afraid of her relatives and close ones if you're going by statistics. Know ur partner and all that jazz, it's actually serious.

Oh for sure. If it's just a boyfriend girlfriend relationship then the woman definitely needs to be careful.

[Zantos]

Apparently resistance is all physical.

Again, this happened from the same guy Repeatedly. The judge needs to be sure that she was a victim. We are missing a lot of details here honestly to really get too deep into discussion.

[Xanjori]

So who's to say she said yes and it was consensual and later she felt guilty about it and said it was rape? Defensive wounds/injuries are worth 100x more in evidentiary value then any yuppy shit a woman could say. I think the judge asked a fair and honest question.

That just mean's it is hard to prosecute correctly 100% of the time, because it is something almost cannot be judged unless you witness it fully happen.

[Mehrunes]

How could that be rape. It's her husband.

What the hell... Marital rape is a thing.

[Zantos]

So who's to say she said yes and it was consensual and later she felt guilty about it and said it was rape? Defensive wounds/injuries are worth 100x more in evidentiary value then any yuppy shit a woman could say. I think the judge asked a fair and honest question.

Which is probably where the judge was headed since this was apparently a repeated thing with him involving her.