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15 April 2015 @ 09:27 pm
When a business deal goes sour  
I'm mystified by this.

This article has been in the news recently as the convicted rapist is appealing his sentence for raping a sex worker. His lawyers are arguing on the basis that there was a mistake of law made in the original trial; for there to be a rape, there had to be a lack of consent (or inability to consent) and in this case there was consent freely given.

I never understood the conviction in the first place. If you offer to buy my violin for $850, and I hand over the violin but you don't pay me, then you're basically guilty of fraud, obtaining goods by deception, theft... any of these fit, but because in this instance it's sex all of a sudden it's a whole different scale of offence? I don't get it. Sex is her livelihood, her commodity. She was defrauded by a trick and suddenly she feels that he violated her? So if there's cash involved, there's no violation? What if he'd only had half the promised money - would she be going after him for indecent assault instead? I'm all for working girls earning an honest quid but this case just has me puzzled.
 
 
Current Mood: grumpygrumpy
 
 
 
Trepkos: Bemused by Glimmergirltrepkos on April 16th, 2015 07:27 am (UTC)
I am equally puzzled. What about if he had paid the prostitute to have sex with him for four hours and she kicked him out after one hour? The transaction would have been not as expected. Would she then have raped him for that hour?

With the violin argument - what if it had been an ordinary violin, rather than one that had a bloody history? Wouldn't that be more like him having normal sex with her ... rather than the Stalin violin, which would have been like he had violent sex with her, when she had not agreed to that ...
miwahnimiwahni on April 16th, 2015 12:34 pm (UTC)
See, this is one of those issues that really makes me think. There are so many possibilities, ambiguities and unanswered questions.

And at the end of it all, the guy who was convicted has appealed, and because his appeal won't be heard until after his jail sentence expires he's been let out on bail so obviously not considered a danger to the community. Although if I see him coming up the street with a violin case I'll be running in the opposite direction.